The Constitutional Law

of the Republic of Kazakhstan

on elections in the Republic of Kazakhstan

The heading in the edition of the Constitutional Law of the Republic of Kazakhstan is as of May 6, 1999 № 375

The preamble is excluded by the Constitutional Law of the Republic of Kazakhstan on May  6, 1999 № 375

I. The general part

Chapter 1. General provisions

Article 1. The relations regulated by the present Constitutional Law

The present Constitutional Law regulates the relations arising at preparation and holding of the Presidential elections, elections of the Senate and Mazhilis deputies of the Parliament, maslikhats and members of the local government bodies of the Republic of Kazakhstan, as well as stipulates the guaranties ensuring freedom of declaration of their will by the citizens of the Republic.

Article 1 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan on May 6, 1999 № 375.

Article 2. Freedom of elections

The elections in the Republic of Kazakhstan are based on the principle of a free implementation by the citizen of the Republic of his/her right to vote and to be elected.

Article 3. Principles of the election franchise

1. The elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of the local government bodies of the Republic are conducted on the basis of the universal, equal and direct suffrage by secret ballot.

2. The elections of the Senate deputies for the Parliament of the Republic are conducted on the basis of the indirect suffrage by secret ballot.

3. Participation of the citizens of the Republic in elections is voluntary. Nobody has the right to force the citizen of the Republic to participate or not to participate in elections, and as well as to limit his/her declaration of will.

Article 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

 

 

Article 4. The universal election franchise (suffrage)

1. The universal election franchise - the right of citizens of the Republic of Kazakhstan to participate in voting at elections on attainment of majority at the age of eighteen years by the citizen of the country irrespective of his/her birth origin, social, official capacity and property status, sex, race, nationality, language, relation to religion, belief and faith, place of residence or any other circumstances.

2. The eligibility - the right of citizens of the Republic of Kazakhstan to be elected the President of the Republic of Kazakhstan,  deputy of the Parliament of the Republic of Kazakhstan, of maslikhat or a member of the local government body.

3. The citizens recognized by the court as legally incapable, and also kept in the places of confinement under the sentence of the court do not participate in elections.

4. A person with a prior conviction not cancelled or withdrawn in the statutory order by the time of registration is not subject to be registered as the presidential contender of the Republic of Kazakhstan, in deputies of the Parliament of the Republic of Kazakhstan, under party lists, maslikhats and also as a candidate in members of bodies of local governments.

Article 4 items 2, 4 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; item 4 with the addendum introduced by the Constitutional Law of the Republic of Kazakhstan as of May, 6, 1999 № 375; item 4 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 5. The equal franchise (suffrage)

1. Voters participate in presidential elections, in elections of deputies of Mazhilis of the Parliament and maslikhats of the Republic on equal basis and each of them enjoys one vote per one ballot.

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

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

Article 5,  items 1, 3 with a change and an addendum introduced by  the Constitutional Law of the  Republic of Kazakhstan as of May, 6, 1999 № 375; item 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 6. The direct suffrage (election franchise)

The President, deputies of Mazhilis of the Parliament and maslikhats, members of the local government bodies of the Republic are elected by citizens directly.

Article 7. The electoral choice (indirect election franchise)

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

2. Electors participate in elections of the Senate deputies on equal basis and each of them has enjoys one vote at elections of the Senate deputy.

Article 7 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998, № 222.

Article 8. Secret voting

Voting during the presidential elections, elections of the deputies of the Parliament and maslikhats, members of the local government bodies of the Republic is secret and, hence, excludes any possibility of exercising any control over declaration of voters’ will.

Article 9. Electoral systems

1. The following system for counting of votes shall be applied at presidential elections and elections of the deputies of the Parliament:

1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998,  № 285; 

2) The candidate is considered to be elected if:

- The candidate has collected more than fifty percent of votes of the voters (electors) who have taken part in voting;

- The candidate who at a repeated voting in comparison with the other candidate has collected the greater poll of the voters (electors) who have taken part in voting.

2. At elections of deputies of the maslikhats, the candidate is considered to be elected if in comparison with the other candidates he/she has collected the greater poll of the voters who have taken part in voting.

3. The following system of votes’ counting is applied at elections of members of the local government bodies:

1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999, № 375; 

2) The candidates are considered to be elected if the majority of the voters who have taken part in voting (voters) have voted for them in comparison with other candidates.

Article 9, item 1, sub item 2) in edition of the Constitutional Law of the Republic of Kazakhstan as of November  6, 1998 № 285; item 1, sub item 2), item 2, sub items 1), 2), item 3, sub item 1) with the changes and the supplement, introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1, sub item 2) with the change introduced by the Constitutional Law of the  Republic of Kazakhstan as of April 14, 2004 № 545; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 2. Election bodies

Article 10. Election bodies, their system and the term of office

1. The state election bodies organizing preparation and holding of elections in the Republic shall act as the election committees.

2. The single system of election committees is formed of:

1) The Central election committee of the Republic;

2) Territorial election committees;

3) District election committees;

4) Divisional election committee.

3. The term of office of election committees constitutes five years.

Territorial, district and divisional election committees are elected by the corresponding maslikhats on the basis of proposals of political parties.

Each political party has the right to propose one candidature to the membership of the corresponding election committee. The political party has the right to propose to the membership of the election committee the candidatures who are not members of the given political party.

If the political parties do not submit any proposals within the term specified by the maslikhat - not less than one month prior to the term of formation of election committees - the maslikhats shall elect the election committee based on the proposals of other public associations and the higher election committees.

The persons suggested in members of the election committee are to submit an application with expression of their consent to participate in the work of the given committee. The chairman, vice-chairman and the secretary of the election committee shall be elected on the first meeting of the election committee.

Formation of the new membership of the election committees begins not later than two months before and ends not later than three days prior to termination of the term of office of the election committees.

The bodies forming the election committees have the right to introduce changes in their membership within the term of office of the election committees.

4. Decisions on formation of election committees, their membership and location are announced in mass media.

5. The decisions of the election committees accepted within the limits of their competency are obligatory for execution by all state bodies, organizations, bodies of local government, and also their officials on the corresponding territory.

6. It is impermissible to intervene in the activities of the election committees while they accomplish the authorities granted to them.

7. The activity of the election committee can be terminated by decision of the body forming the election committee or by court decision based on an application of the higher election committee.

8. The member of the election committee cannot be discredited of his/her authorities, except for the cases indicated in items 6 and 7 of article 19 of the present Constitutional Law.

Article 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 11. The Central election committee of the Republic

1. The Central election committee heads the single (uniform) system of the election committees of the Republic and acts as a permanent body.

2. The Central election committee consists of the Chairman, vice-president, secretary and members of the committee elected and released from the position by Mazhilis of the Parliament based on the presentation of the President of the Republic.

3. The chairman and the secretary of the Central election committee must have the higher legal educational background.

4. The Central election committee shall have its own personnel.

5. Expenses on maintenance of the Central election committee and its personnel are covered from the Republican budget.

Article 12. The authorities of the Central election committee of the Republic

The Central election committee:

1) Implements on the territory of the Republic control over execution of the Law on Elections; provides for its uniform application; makes decisions within the limits of its competency boundary for execution across the territory of the Republic;

2) Will organize preparation and holding of elections of the President and deputies of Mazhilis of the Parliament; supervises over organization and holding of elections of the Senate deputies of the Parliament;

2-1) Considers the issue of admission of political parties to participation in elections of a part of deputies of Mazhilis of the Parliament who are elected under party lists;

3) Forms election districts on elections of deputies of Mazhilis of the Parliament, determines their uniform numbering and publishes the given information in mass media;

3-1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

4) Makes up and submits to the Government of the Republic an estimate of expenditures on conducting of an election campaign;

5) Exercises management over election committees on elections of the President, deputies of the Parliament; cancels and suspends their decisions; distributes among them the funds from the Republican budget allocated for conducting of election campaigns; controls creation of the required material and technical conditions for the activities of election committees; considers applications and petitions related to decisions and actions (inactivity) of the territorial and district election committees; conducts workshops with representatives of political parties on organization and holding of elections; implements international cooperation in the area of electoral systems;

6) Establishes the form and text of the ballots for presidential elections, the form of the ballots for elections of deputies to the Parliament, maslikhats and members of the local government bodies, the order of their production, and also the degree of security, the forms of voter's lists (electors), a subscription sheet for collection of electors’ signatures in support of candidates in Presidents and collection of electors’ signatures in support of candidates in deputies of the Senate, other election documents, the form of urns for voting made of transparent material and samples of seals of the election committees, the order of storage of election documents; provides production of ballots for presidential elections and election of deputies to the Parliament and maslikhats;

7) Has the right to hear to the reports of the state bodies and organizations on the issues related to preparation and holding of elections and also to the information of the bodies of public associations on the issues of observance of the Law on Elections;

8) Registers presidential contenders of the Republic, their proxies, issues for them the corresponding certificates, publishes in mass media accounts on registration of candidates;

9) Informs voters on the course of the election campaign on presidential elections and election of the deputies to the Parliament, periodically issues the information bulletins;

10) Sums up the results of the presidential elections and the elections of the deputies of the Parliament across the Republic, registers the elected President and deputies of the Parliament, publishes the press accounts in mass media;

11) Sets and organizes conducting of the repeated voting and repeated elections at presidential elections;

12) Sets repeated elections of the deputies of the Parliament;

13) Sets elections of the deputies of the Parliament to replace the retired members;

14) Sets the regular and extraordinary elections of maslikhats;

15) At organization and holding of elections of Maslikhats and of local government bodies, the Central election committee shall exercise the methodological management of the territorial election committees and control over eligibility of their activities to the provisions and requirements of the present Constitutional Law. At revealing of infringements of the present Constitutional Law, the Central election committee will resort to the body that forms the election committee or to the court with an application to cease the activity of the corresponding election committee;

16) The Central election committee depending on the number of the population of the administrative and territorial areas shall determine the number of the deputies of Mazhilis of the Parliament and maslikhats to be elected on behalf of them;

16-1) Places on the official web-site of the Central election committee  the normative legal acts on the election legislation, information on timing and holding of elections and also on the results of votes’ counting at the last elections;

16-2) Conducts the uniform electronic Registration register of citizens - voters of the Republic of Kazakhstan;

16-3) At holding of the elections using the electronic electoral system, the Central election committee shall conduct trainings for the members of the corresponding election committees on application of the named system;

16-4) Through mass media shall organize trainings for the population on use of the electronic electoral system at elections;

17) Shall implement other authorities in compliance with the legislation of the Republic of Kazakhstan.

Article 12 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999,  № 375; sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004, № 545; sub items  5), 6), 8), 9), 15), 17) in edition of the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; sub items 16-1), 16-2), 16-3), 16-4) are introduced by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004 № 545.

Article 13. The territorial election committees

1. The territorial election committees are oblast (the city of the Republican significance and the capital of the Republic), rayon, urban and city district election committees.

2. The territorial election committees:

1) Ensure organization and holding of elections of the President, deputies of the Parliament and Maslikhats, members of the local government bodies;

2) Include seven members.

3. Excluded by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004, № 545.

4. Information on the membership of the territorial election committees on presidential elections, elections of the deputies of the Parliament and Maslikhats is published in mass media not later than in ten days, and of the territorial committees on elections of the members of the local government bodies - not later than in seven days after calling or announcement of such elections.

Article 13 in edition of Constitutional Law of the РК as of May 6, 1999 № 375; the heading with a change introduced by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004 № 545;

Article 14. Authorities of the territorial election committee

The corresponding territorial election committee:

1) Ensures control over execution of the Law on Elections on the territory of an administrative and territorial area;

2) Ensures preparation and holding of Presidential elections, elections of the deputies of the Parliament and Maslikhats, members of the local government bodies;

3) Supervises over activity of the subordinated territorial, district and divisional election committees; cancels and suspends their decisions; distributes among them the funds of the Republican budget allocated for conducting of election campaigns; controls creation of the required material and technical conditions for activities of district and divisional election committees; considers applications and petitions related to decisions and actions (inactivity) of district and divisional election committees; organizes execution of decisions of the Central election committee by all election committees formed within the boundary of the corresponding administrative and territorial area, resorts to the body forming the election committee  or to the court with an application to cease the activity of the election committees that have committed infringements of the present Constitutional Law;

4) Enjoys the right to hear to the reports of the election committees, of the state bodies and organizations on the issues related to preparation and holding of elections and also to the reports of the public association bodies in respect to the issue of observation of the Law on Elections;

5) Ensures holding of elections of the Senate deputies; registers the candidates in deputies of the Senate, their proxies, issues for them the corresponding certificates; publishes in mass media information on registration of the candidates; prepares polling places/points for voting, provides manufacturing of polling booths and urns for voting; sums up the results of voting at elections of the Senate deputies and submits the minutes with the summary of the results of voting to the Central election committee  for registration of the deputies of the Senate;

6) Forms election districts on elections of deputies for the Maslikhats and publishes their list, notifies voters on the locations of their election committees;

6-1) Establishes a uniform numbering of the polling stations for voting;

7) Ensures production of ballots on elections of the members of the local government bodies;

8) Receives from district election committees the minutes on registration of candidates in deputies of the corresponding Maslikhats and provides for publication by the district election committees of the lists of the registered candidates;

9) Sums up the results of elections of the deputies to the Maslikhats, registers the elected deputies and publishes announcements about it in mass media, submits to the Central election committee  the minutes on counting of votes by the corresponding election districts and polling stations for publication on an official web-site of the Central election committee;

10) Will organize a repeated voting, repeated elections and elections to replace the retired deputies of the Senate and Maslikhats (dropouts);

11) Calls and organizes elections of the members of the local government bodies, repeated elections and elections of members to replace the retired members; fulfils the functions of the district election committee  on elections of members for the bodies of local governments located on the territory of the corresponding administrative and territorial area; registers the candidates in members of the bodies of local governing, their proxies, issues the corresponding certificates for them; publishes in local mass media information on registration of the candidates; sums up the results of elections of the members of the local government bodies and publishes in local mass media information on the results of elections;

12) Executes other authorities in compliance with the legislation of the Republic of Kazakhstan.

Article 14 sub item 7) in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; sub items 3), 5), 7), 9), 11), 12) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; sub item 6-1) is introduced by the Constitutional Law of the Republic of Kazakhstan as of April, 14, 2004 № 545.

Article 15. The district election committees

1. The district election committees provide for organization and holding of elections of the deputies for Mazhilis of the Parliament and Maslikhats in county constituencies.

2. The district election committees are composed of seven members.

3. The list of the members of the district election committees is published in mass media not later than in ten days after calling or announcement of elections.

Article 15 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; the heading with a change introduced by the  Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 16. The authorities of the district election committee

The district election committee:

1) On the territory of a corresponding electoral district shall exercise control over execution of the Law on Elections;

2) Organizes holding of elections of the deputies to the Mazhilis of the Parliament and to Maslikhats;

3) Organizes and coordinates the activity of the divisional election committees (local election committees); cancels and suspends their decisions; controls creation of the required material and technical conditions for the activity of the divisional election committees (local election committees); considers applications and petitions in relation to the decisions and actions (inactivity) of the divisional election committees (local election committees). At revealing of infringements of the present Constitutional Law, it will resort to the body that forms the election committee or to the court with an application to cease the activity of the election committee;

4) Excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

5) Registers the proposed candidates in deputies of Mazhilis of the Parliament and Maslikhats, their proxies, issues for them the corresponding certificates and publishes in the local mass media announcements on registration of candidates;

6) Controls timeliness and correctness of making the electoral registers and their submission for general information and familiarization with them;

7) Ensures provision of the divisional election committees (local election committees) with ballots;

8) Has the right to hear to the reports of divisional election committees and of the state bodies and organizations located on the territory of the district on the issues related to preparation and holding of elections, and also to hear to information of the bodies of public associations in respect to the issues of observance of the Law on Elections;

9) Receives from divisional election committees the minutes on the results of voting, on their basis determines the election returns in the district and ensures publication of announcements about it in mass media;

10) Holds the repeated voting, repeated elections and elections to replace the retired deputies of Mazhilis of the Parliament;

11) Conducts repeated elections and elections to replace the retired deputies of Maslikhats;

12) Executes other authorities in compliance with the legislation of the Republic.

Article 16, subitems 3), 5) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 17. The divisional election committees (local election committees)

1. The divisional election committees ensure organization and holding of elections of the President, deputies of Mazhilis of the Parliament and Maslikhats, members of the local government bodies in the corresponding electoral districts.

The divisional election committees are composed of seven members.

2. The information about the membership of the divisional election committees on presidential elections, elections of the deputies of the Parliament and Maslikhats is published in mass media not later than in seven days, and of the territorial committees on elections of members of the local government bodies - not later than in three days after calling or announcement of elections.

Article 17 in edition of the Constitutional Law of the РК as of May 6, 1999 № 375; the heading with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 18. Authorities of divisional election committees (local election committees)

The divisional election committee:

1) In the polling station, the committee conducts election actions on presidential elections, elections of the deputies of Mazhilis of the Parliament, Maslikhats and members of the local government bodies;

2) Notifies voters on location of the divisional election committee;

3) Specifies the electoral register of the corresponding polling station;

4) Familiarizes the citizens with the electoral register, considers applications about errors and discrepancies in the registers and solves the issues of entering of the appropriate alterations into them;

5) Notifies voters about the day, time and place of voting;

6) Arranges the premises, ensures manufacturing of polling boots and urns for voting;

7) Will organize voting in the polling station on the day of elections;

8) Conducts counting of votes and defines the results of voting in the polling station;

9) Considers applications and petitions in respect to the issues of preparation and organization of voting and makes decisions concerning them;

10) Exercises other authorities according to the legislation of the Republic.

Article 18,  subitem 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 19. The status of the member of the election committee

1. Members of election committees are representatives of the state bodies and are under protection of the state.

2. The legal status of members of election committees is defined by the Constitution, the present Constitutional Law and other legislative acts of the Republic of Kazakhstan.

3. The chairman, vice-chairman, the secretary, members of the Central election committee and employees of its office exercise their authorities on the professional and constant basis.

4. The members of the election committee not listed in item 3 of the present article during holding of the elections cannot be dismissed from their work or transferred to other work on the initiative of the employer without their consent.

5. The member of the election committee:

1) Is notified about the meetings of the corresponding election committee forty eight hours earlier, except for the cases that call for an immediate decision-making;

2) Has the right to speak on the meetings of the election committee, to make proposals in respect to the issues that are within the competency of the corresponding election committee, and to require voting in their respect;

3) Has the right to ask other participants of the meeting any questions as regards the issues on the agenda and to receive answers to the point;

4) As a member of the election committee, enjoys the right to get access to the documents and materials of the election committee and to receive their authentic copies;

5) Can conduct a check of the activities of the inferior election committee upon authorization confirmed by three quarters of voices of the members of the election committee the member of which he/she is;

6) Is obliged to respect the provisions and requirements of the Constitution, the present Constitutional Law and other laws of the Republic of Kazakhstan, the generally accepted standards of ethics;

7) Is obliged to fulfil the responsibilities assigned to him/her, decisions and instructions of the election committee, its chairman and the higher election committee;

8) Is obliged to provide observance and protection of election franchises and legitimate interests of the citizens, to display impartiality and independence at decision-making, and also to abstain from a public estimation of the activities of the candidates and the political parties which have put forward the party list;

9) Shall not be constrained by the decisions of the political party or other public association the representative of which he/she is and has no right to protect their interests.

6. The member of the election committee  is released from his/her responsibilities on expiration of the fixed term of the authorities of the election committee, at the cease of its activity and also under the decision of the body which has formed the election committee, in the cases as follows:

1) Submission of an application to excuse him/her from fulfilment of the assigned responsibilities at his/her own will;

2) Loss of citizenship in the Republic of Kazakhstan;

3) Departure to the constant place of residence beyond the limits of the given administrative and territorial area where the corresponding election committee is formed;

4) Coming into force in respect to him/her of the conviction of the courts;

5) Coming into legal force of the court’s decision about acknowledgement of him/her incapable, as untraceable or announcement of him/her as dead;

6) His/her death.

7. In case of numerous infringements by the member of the committee of his/her official authorities or inadequate execution of the assigned responsibilities, he/she will be dismissed from his/her position by the body that forms the election committee.

8. The higher election committee nominates a member of the territorial or district election committee to replace the retired member on the basis stipulated by items 6 and 7 of the present article before election of a member of the election committee by the body forming the election committee in the order established in article 10 of the present Constitutional Law.

9. The election committee must not consist of workers from one and the same organization.

10. A member of the election committee should live on the territory of an administrative and territorial area in which the corresponding committee is located.

Article 19 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 20. Organization of the activity of the election committees and lodging an appeal against their actions

1. The activity of the election committees is executed based on the principle of collegiality.

2. The first meetings:

1) The Central election committee is convened by its Chairman within fourteen days after election of the committee;

2) The inferior (subordinated) election committees are convened by the chairmen of the corresponding committees not later than in seven-day’s term after they are formed.

3. During preparation and conducting of the election campaign the meetings of the committees are conducted not less than once in two weeks. In other time, the committees will conduct their meetings as required based on the initiative of the chairman or of not less than one third of the committee members.

4. The meetings of the election committees are legally qualified provided not less than two third of the total number of the committee members participate in them.

It is forbidden to allow people who are not involved in the election process to be present in the premises of the election committee.

5. The decisions of the given committees are adopted by a majority open vote of the total number of the committee members, except for cases stipulated otherwise by the present Constitutional Law. The members of the election committee who disagree with its decision have the right to state their separate opinion of which the higher election committee is immediately notified and the written version of such a separate opinion will be attached to the minutes of the committee meeting.

6. Decisions and actions (inactivity) of the election committee can be appealed in the higher election committee or in the court within ten days from the date of decision-making or committing of an action (inactivity) if other terms for appealing are not established by the present Constitutional Law. On expiration of the indicated terms the application in respect to the decision or actions of the election committee is not subject to consideration. It is not a compulsory condition that before reference to the courts it is required to resort first to the higher election committee.

In the application submitted to the higher election committee it is obligatory to set forth all the circumstances that served as a basis for submission of the application with enlisting of all evidences which the applicant refers to in order to justify his/her claims.

At a simultaneous consideration of the applications in the election committee and by the court, the election committee suspends consideration of the application till the court decision comes into force. The court notifies the election committee about the submitted application and based on the result of its consideration of coming into force of the court’s decision.

If the decision of the election committee is cancelled by the court, the election committee is to make a new decision in respect to the issue the decision of which was cancelled, or the higher election committee is obliged to accept a new judgment on the basis of the court decision. The corresponding election committees are obliged to ensure execution of the court decision.

7. The state bodies, organizations, local government bodies and also their officials are obliged to assist the election committees in accomplishment of their authorities, to provide all the necessary data and materials to them, to respond to the requests of the election committees in three-day’s term, but on the day of elections and the day preceding the elections - immediately.

8. Members of the territorial, district and divisional election committees can at their will under the resolution of the committee be freed from executing of the production or official duties for the period of preparation and holding of the elections with reservation of their right for average wages covered at the expense of the funds allocated to hold the elections. The additional remuneration of labour of the members of the election committee is paid at the expense of the funds allocated to hold the elections.

9. The presidential contenders, in deputies of the Parliament, Maslikhats, and members of the local government bodies as well as the proxies of candidates cannot be members of the election committees.

A husband (a wife) and close relatives of the candidates and also the persons who are directly subordinated to the candidates cannot be members of the election committees that ensure a direct organization and conducting in the electoral district of elections in which the given candidate is participating.

The indicated persons suspend their activity in the election committee from the date of registration of the corresponding candidate till cancellation of registration or cease of the election campaign.

Article 20 item 5 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375;the  heading with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 4, 5, 8 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 6, 9 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 20-1.  Publicity in the activity of the election committees

1. The activity of the election committees is realized publicly and openly.

The proxies, observers, representatives of mass media have the right to be present at all stages of the election process and also to get any information on the election process in the election committees.

Nobody can limit the rights granted by the present Constitutional Law to proxies, observers and representatives of mass media.

2. The election committees create conditions for all persons to get free access to the decisions taken by the committees with their publication and distribution in the popular telecommunication networks. In other cases stipulated by the present Constitutional Law they such decisions are subject to other ways of publication.

3. The candidates, their proxies, observers and representatives of mass media can participate in the meetings of the election committee on condition of availability of their service certificates and a task from the editorial staff.

The candidates in deputies, the political parties which have put forward the party lists, are notified in advance of the meetings of the corresponding election committees and their agenda.

4. On the ballot day starting from the moment of opening of the polling station and till determination of the results of voting while counting of voters’ voices in the polling station simultaneously can be present the following persons: one candidates and one representative of each mass media on condition of availability of their service certificates and the task from the editorial staff, including one observer from each political party, public association, NGO of the Republic of Kazakhstan and observers from foreign states and international organizations.

5. The authorities of the observer should be validated in writing with indication of his/her surname, name, patronymic, number of an electoral district (the name of the election committee), date of the elections. The given document is certified by the seal of the organization that has issued it and is valid at presentation of the document confirming the personality of the observer. The named documents are presented to the chairman of the election committee or the person replacing him for registration of the observer.

6. Proxies, observers and representatives of mass media have the right:

1) To be present at the meetings of the election committee;

2) To get familiarized with the electoral registers, to obtain information on the number of voters that have taken part in voting, including in voting outside the premises for voting;

3) To be present in the premises for voting of the corresponding polling station, including the polling place/station formed in the military units, in the ships belonging to the Republic of Kazakhstan that are in navigation on the day of elections, in rest houses, sanatoriums (health centers), inpatient treatment-and-prophylactic establishments, in places of location of the citizens in remote places and in the regions difficult of access, in distant pastures for cattle greasing, in investigatory isolators and isolators of the temporary detention and in foreign offices of the Republic of Kazakhstan in foreign states, during conducting of voting and counting of votes;

4) To accompany the portable ballot-boxes, including staying in the means of transportation during their carriage;

5) To watch the course of voting, the procedure of votes’ counting and registration of the results of voting in the polling station, in the polling place for voting under conditions ensuring a possibility for a good observation of all the ongoing procedures;

6) To appeal against decisions, actions (inactivity) of the corresponding election committee and (or) of its members in the higher election committee or in the court;

7) To be present at conducting of voting of the voters outside the premises for voting if such voters cannot come to the specified premises for voting;

8) To be present during votes’ counting and destruction by the members of the divisional election committee of the unused ballots;

9) To make photo, audio and video-recordings without intervening in the course of voting and summing up of its results;

10) After conducting of voting to get familiarized with the minutes of the election committee on the results of voting and to receive their authentic copies;

11) To draw attention of the members of the election committee to infringements of the provisions and requirements of the present Constitutional Law, to hand over to them the corresponding written applications, acts on infringements and to receive notification about the delivery of the aforementioned. The chairman of the election committee, the person replacing him/her is obliged based on the demand of the proxies and observers to file their acts to the minutes of votes’ counting.

7. Proxies, observers and representatives of mass media are obliged:

1) To carry with them the documents identifying their personality and authorities;

2) Not interpose with the election process, in the procedure of votes’ counting and decision-making by the election committee;

3) Not to undertake the actions interfering with the work of the election committee;

4) To fulfil the demands of the members of the election committee  on observance of the rules of conduct in the polling place/station for voting established by the corresponding election committee;

5) To justify his/her remarks by facts that are documented, valid and can be checked;

6) To observe the provisions and requirements of the present Constitutional Law and other laws of the Republic of Kazakhstan;

7) To be impartial, not to express preference in favour of a specific candidate or a political party.

8. Observers of foreign states and international organizations, and also representatives of foreign mass media will be accredited at the Central election committee upon presentation of the Ministry of Foreign Affairs of the Republic of Kazakhstan. Private persons from the foreign states will not be accredited by the Central election committee.

The Central election committee issues to observers the certificates of the established format which can serve as a basis for their activity during conducting of the election campaign. Accreditation of observers from foreign states and international organizations ends five days prior to the ballot day.

In cases stipulated by the present Constitutional Law, the Central election committee shall enjoy the right to withdraw the accreditation of the observer from the foreign state, of international organizations and also representative of the foreign mass media.

9. Financial and organizational provision for the activity of observers is made at the expense of the funds of the parties which have sent their observers.

10. In case of infringement by the observers of the legislation of the Republic of Kazakhstan or the conventional standards of the international law, the corresponding election committee has the right to cancel the registration of the observer or to submit to the Central election committee a proposal about calling back of accrediting of the observer from a foreign state, international organization and also the representative of foreign mass media.

Article 20-1 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 3. Election districts and their polling place/stations

Article 21. Election districts and their system

1. In the Republic of Kazakhstan, at elections of deputies to Mazhilis of the Parliament and Maslikhats, members of the local government bodies, the system of territorial election districts (county constituencies) is formed and used.

2. The election districts are formed with consideration of the administrative and territorial division of the Republic and with an approximately equal number of voters. At that, the difference in the number of voters in county constituencies within the limits of the oblast, the city of the Republican significance and the capital of the Republic, rayon and city, should not exceed fifteen percent of the average quantity of voters per each deputy mandate in the given administrative and territorial area.

3. At elections of the President of the Republic and the deputies of Mazhilis that are elected on the basis of the party lists under the system of the proportional representation, the whole territory of the Republic of Kazakhstan shall be considered a single national electoral district (county constituency).

4. At elections of deputies of Mazhilis of the Parliament and Maslikhats, single member constituencies are formed with observance of the conditions stipulated by item 2 of the present article.

5. At elections of members of the local government bodies, many-member territorial constituencies are formed covering the territories of urban and rural local communities.

Article 21 item 2 with the supplement introduced by Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 22. Formation and revision of borders of electoral districts (county constituencies)

1. Electoral districts are formed by the Central and territorial election committees.

2. The list of the electoral districts (county constituencies) with indication of their borders and locations of district election committees is published in the corresponding mass media by the corresponding election committees not later than in ten days after calling or announcement of elections.

3. The changes in the list of electoral districts (county constituencies), determination of their borders and location of the election committees are introduced by the corresponding election committee.

Article 23. Formation of polling stations

1. For conducting voting and votes’ counting in rayons and cities the corresponding hakims make a decision to form polling stations based on the approval of the election committees. The polling stations are formed with the purpose of ensuring and creation of maximum convenience to voters and with allowance for local and other conditions.

2. The polling stations are formed with consideration of the following conditions:

1) About three thousand voters per each polling station;

2) Observation of the borders of the administrative-territorial arrangements in the administrative and territorial areas;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. In the military units, on boards of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation; in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments; in place of the citizens’ staying in remote places and regions difficult of access, in distant pastures for cattle grazing, in investigatory isolators and isolators of the temporary detention, the polling stations are formed and are included in the election districts according to the place of their dislocation, port of registry of a vessel or disposition. In the representative offices of the Republic of Kazakhstan in foreign states, the polling place/stations are formed referring to the electoral district (county constituency) on the territory of which the Ministry of Foreign Affairs of the Republic is found.

4. Formation of polling stations is conducted in accordance with proposals of the captains of ships, commanders of the military units or body of troops, heads of the enlisted in item 3 of the present article establishments, the corresponding hakims and the Ministry of Foreign Affairs of the Republic.

5. The corresponding hakims in seven-day’s term, and at holding of elections of members of the local government bodies - within three days from the date of creation of voting places/stations shall notify voters through mass media about the borders of the polling stations.

Article 23 item 1 with the change introduced by the  Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 4. Electoral registers (of electors)

Article 24. Electoral registers (of electors) and the order of their compilation

1. The electoral registers are compiled at presidential elections, elections of the deputies to Mazhilis of the Parliament and Maslikhats, members of the local government bodies. The lists of electors are made at elections of deputies of the Senate.

2. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. The fact of a citizen’s registration in the place of his/her residence on the territory of this polling station can serve as the grounds for inclusion of the named citizen in the electoral register of the specific polling station.

4. The electoral registers are constituted in the alphabetic or other order. The list shall include such information as the voter’s surname, name, patronymic, year of birth (for the 18 year olds - in addition information about the day and month of birth) and address of the place of residence. The lists of electors are constituted in the alphabetic or some other order and shall include the surname, name, patronymic, year of birth, and the name of the maslikhat where the elector is the deputy, and the address of his place of residence.

5. The corresponding local executive body makes the electoral register by the place of residence based on the data provided by the bodies engaged in the population accounting.

Each voter has the right to be registered as voter in the corresponding local executive body from the moment of announcement or calling an election.

In case the voter learns not later than thirty days before the elections that he/she will not have a possibility to arrive on the day of elections to the premises for voting where he/she is registered, the voter shall enjoy the right to resort to the local executive body in the place where the voter is staying with a written application to include him/her in the corresponding electoral register.

In case of a reference of the citizen in compliance with the given item to the local executive body, the latter will organize exception of the citizen from the electoral register in the place of his/her registration and will include him/her in the electoral register of the voting place/station where the named citizen will be able to vote.

The electoral registers of each polling station are signed by the corresponding Hakim and are submitted under the act to the corresponding election committee twenty days prior to the beginning of voting.

The data on the voters, previously verified with the data of other competent bodies and organizations are submitted by the local executive body in electronic and paper bearers to the corresponding territorial election committees by July 1 and January 1, each year.

The officials of the local executive bodies shall bear responsibility for authenticity of the electoral registers, and also of the data about the voters presented by the corresponding election committee.

6. Students and post-graduate students who study in the day time and live in hostels are included in the electoral registers according to the location of their hostels.

7. The electoral registers of the military servicemen who are in the military units, and also of the members of their families and other voters living in the locations of military units are made on the basis of the data provided by commanders of the military units.

8. The electoral registers of the polling stations formed in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in place of staying of the citizens located in remote and out-of-reach places, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and also in the representative offices and agencies of the Republic of Kazakhstan in foreign states, on board of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation shall be made on the basis of the data submitted by the chiefs of the named establishments, corresponding hakims, chiefs of the named representative offices and agencies and captains of ships.

9. The lists of electors on elections of deputies to the Senate of the Parliament are made by the corresponding territorial election committees upon the presentation of the secretary of the corresponding oblast, urban (the city of the Republican significance and the capital of the Republic) maslikhats.

10. Entry of clarifications in the electoral registers (of electors) is ceased at 8 p.m. of the day preceding the day of the ballot, except for execution of the court’s decision or decision of the higher election committee.

Article 24 item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 5, 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 25. Inclusion in the electoral registers (of electors)

1. In the electoral registers are included:

1) The citizens of the Republic who enjoy the active election franchise;

2) The citizens registered in the place of their residence on the territory of the corresponding polling stations;

3) In the polling stations that are formed in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in the places of the citizens’ staying located in remote and out-of-reach areas, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and on board of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, all the citizens shall be included in the electoral registers who on the day of elections will be staying in the named establishments and organizations or on board the ships;

4) In the military units, all the military servicemen who are serving in the military units and also members of their families and other voters living in the locations of military units are included in the electoral registers. The military servicemen living outside the military units are included in the electoral registers by the place of their residence on the general grounds;

5) In the polling stations in the representative offices of the Republic of Kazakhstan located in foreign states: all the citizens who live or are on a long business trip in the corresponding foreign state and who have valid passports of the citizen of the Republic of Kazakhstan shall be included in the electoral register.

2. The lists of electors include all deputies of:

1) Maslikhats, located on the territory of oblast (area);

2) Maslikhat of the city of the Republican significance and the capital of the Republic.

3. The citizen (elector) can be included only in one electoral register (of electors).

Article 25 item 1 sub item 2) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; sub item 5) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 26. Familiarization with the electoral registers (of electors)

1. The electoral registers of the polling stations formed in the places of residence of citizens shall be submitted fifteen days prior to the ballot day by the corresponding election committees to voters for their familiarization with the named registers.

The electoral registers of the polling stations formed in military units, on board the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in place of staying of the citizens located in remote and out-of-reach places, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and also in the foreign offices of the Republic of Kazakhstan in foreign states shall be provided to the voters for their familiarization five days prior to the ballot day; in the polling stations formed for holding of elections of members of the local government bodies - seven days prior to the ballot day.

2. The lists of electors on elections of the deputies to the Senate shall be submitted for familiarization through publication in local mass media not less than seven days prior to elections.

3. The citizens (electors) are ensured a possibility to get familiarized with the electoral registers (of electors) in the premises of the corresponding election committees, and also to check correctness of the data introduced in them on voters (electors).

4. Each citizen (elector) has the right to verify the data about him/her in the electoral registers and to appeal against omission or non-inclusion, wrong inclusion in the list or exclusion from the list, and also against discrepancies admitted in the list in respect to the data about the voter (elector). Applications stating of a necessity to introduce amendments in the named lists shall be considered by the corresponding election committee on the day of reception by the election committee of the named application. In case of a dismissal of the application, the election committee shall immediately issue to the applicant a copy of the reasoned decision to dismiss his/her application. The decision can be appealed in the corresponding court in the location of the election committee. The latter shall consider the petition on the day of receiving it and make its final judgment. At a positive decision-making in favor of the applicant, the election committee will immediately introduce the required amendment in the electoral register (of electors) or include the voter who has not been included in the list of electors.

Article 26 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 5. Pre-election campaign

Article 27. Pre-election campaign

1. The pre-election campaign - the activity with the aim of inducing voters to take part in voting for or against this or that candidate, a political party.

2. The pre-election campaign begins from the date of registration of candidates and ends at zero o’clock of the local time of the day proceeding the day of elections. At conducting of a repeated voting the pre-election campaign begins from the date of assignment of the day for the repeated voting and ends at zero o’clock by the local time of the day proceeding the day of elections.

3. The pre-election campaign is implemented:

1) Through mass media;

2) By conducting public pre-election actions (pre-election meetings and meetings with voters (electors), public pre-election debates and discussions, meetings, processions, demonstrations and other pre-election actions not forbidden by the present Constitutional Law), personal meetings of candidates and their proxies with voters (electors);

3) Through issue and (or) distribution of printed, audiovisual and other propaganda materials.

4. It is forbidden to conduct a pre-election campaign, to distribute any propaganda pre-election materials:

1) To the state bodies, bodies of local governments and also their officials on duty;

2) To the servicemen of the armed forces, other troops and military formations, personnel of the bodies of the national security, law-enforcement bodies and judges;

3) To members of election committees;

4) To religious associations.

5. It is forbidden for the candidates who are the officials of state bodies to use advantages of their official or service position.

The present Constitutional Law understands under use of an advantage of an official or service position the following:

1) Attraction of the persons who are under subordination or other career dependence to conduct a pre-election campaign, except for cases when the indicated persons conduct propaganda as proxies of the candidate;

2) Use of the premises occupied by the state bodies for accomplishment of the activity promoting election of a candidate, a political party which has put forward the party list if other candidates, political parties are not guaranteed the use of the indicated premises on the same conditions.

Observance of the limitations stipulated by the present item should not interfere with execution by the officials of their official duties.

6. Journalists, officials of the editorial staff of the mass media, registered by candidates or their proxies, have no right to participate in coverage of elections through mass media.

7. Mass media are obliged to exercise unbiased interpretation of the election campaign of candidates, political parties; to abstain from publications of propaganda materials and other information, obviously discrediting honour, dignity and business reputation of the candidate or the political party; to grant a possibility to the indicated persons a free of charge publication of denial in protection of honour, dignity and business reputation in the nearest issue of the printing on the same page, in the same volume and in the same font or broadcasting on TV or radio at the same time within twenty four hours after reception of the appeal.

Mass media shall immediately grant a possibility to the corresponding election committees to publish information about the course of the election campaign and announcements stipulated by the present Constitutional Law.

8. Officials of mass media do not bear responsibility for statements of candidates and political parties during their election campaigns, except for cases of publication of the materials indicated in item 1 of article 29 of the present Constitutional Law.

9. Conducting of the pre-election campaign that is accompanied by granting to voters free of charge or on favourable terms of the goods, services, securities and also conducting of lotteries, charitable actions, payment of money or promise to provide the latter, except for a free distribution of the printed, as well as illustrative materials, badges, flags and the tags specially produced for the election campaign, shall be considered as the inadequate pre-election campaign. It is forbidden to conduct inadequate pre-election campaigns.

The candidates, political parties which have put forward their party lists and also any natural and legal persons acting on behalf of them or in their support are forbidden to conduct charitable actions except for organization of entertainment and sports actions since the moment of announcement (call) of elections.

Infringement by the candidate, the political party which has put forward the party list, and also their proxies of the rules established by the present item shall entail cancellation of the decision on registration of the candidate and the party list.

10. It is forbidden to conduct a pre-election campaign using the image of any person without his/her written consent and in case of his/her death - without permission of his/her heirs.

Article 27 item 2 sub item 2) with the supplement introduced by Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; Article 27 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 28. The right to conduct pre-election campaigns

1. The state guarantees to its citizens and public associations the right to conduct unimpeded pre-election campaigns for or against this or that candidate or a political party in compliance with the present Constitutional Law and other legislative acts of the Republic of Kazakhstan.

Citizens and the public associations which do not create according to the present Constitutional Law any election funds have the right to conduct a pre-election campaign which does not need any financing.

2. Since the termination of the term of registration established according to the present Constitutional Law and till the end of the propaganda campaign, the candidates and the political parties that have put forward their party list have the right to propaganda and propagation of their electoral program in press and other mass media.

The candidates and political parties which have put forward their party lists shall be guaranteed equal access conditions to mass media to conduct their pre-election campaigns.

3. The state guarantees an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted the funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio and also for publication of two articles in the print in the volume of no more than 0.1 of a printed sheet.

The political parties which have put forward their party lists have the right to participate in political debates on TV, organized by the Central election committee in the volume of the time fixed by it.

Mass media on a contractual basis grants time for broadcasting and the printed page to the registered candidates and political parties that have put forward their party lists. The terms and conditions of the contract on provision to the candidates and political parties that have put forward the party lists of time for broadcasting and the printed pages in mass media should not create certain advantages to this or that candidate and a political party. The data on the size of payment, conditions and the order of granting of on-air broadcasting and the printed area should be declared and published by the corresponding organization of TV-radio broadcasting, editorial staff of the periodic printing not later than on the tenth day after an official publication of the decision on calling an election and also are presented to the Central and oblast (regional) election committees at presidential elections, to others territorial, and also district election committees at elections of deputies of the Parliament, Maslikhats and members of bodies of local governing.

The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has put forward its party list shall be considered as a consent for time allocation for on-air broadcasting and a printed area to other candidates or the political parties which have put forward their party lists.

The sequence of appearance of candidates and the political parties which have put forward the party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.

It is forbidden to interrupt and make comments in respect to the speeches of the candidates on TV and by radio right after the speech has been made and also in the same issue of printing.

4. By the application of election committees, the bodies of local state administration and governments shall grant to candidates on a contract basis the premises for meetings with voters. The election committees make the schedule of meetings of candidates with voters in the allocated premises and publish it in mass media. The conditions of granting such premises should be uniform for all candidates.

5. For publication of posters, leaflets, slogans and other propaganda printed materials the corresponding election committees shall allocate to the candidates an equal sum of money, except for the candidates who stand for elections under party lists. All propaganda printed materials should contain the data on the organization which has published the given materials, place of their printing and circulation, about the persons who have placed the order, sources of funding to cover such expenses. It is prohibited to produce propaganda printed materials outside the territory of the Republic of Kazakhstan and to distribute anonymous propaganda materials.

6. The local executive bodies jointly with the corresponding election committees determine places for keeping propaganda printed materials for all candidates and shall equip them with stands, boards and curbstones. The propaganda printed materials are displayed on the conditions that ensure equal rights to all candidates.

The candidates have the right to hang out their propaganda printed materials in other places with the consent of the owner of the corresponding premises or a facility.

It is forbidden to hang out any propaganda materials on monuments, obelisks, buildings and the structures having historical, cultural or architectural value, and also in the premises for voting.

The information about the candidates shall be placed in the premises of the election committee and premises for voting in a uniform format with a photo of the candidate and a standard set of the data stipulated by the Central election committee 

7. The candidates in Presidents, deputies of the Parliament and Maslikhat have the right to cover the expenses related to making statements in mass media, conducting of public pre-election actions, issuing of additional propaganda materials, and also to cover transport, travel and living expenses at the cost of their own election funds. It is forbidden to attract for these purposes other money from other sources and to accept any goods, works and services of natural and legal persons used by the candidate during the election campaign and not covered by the money from the election funds of the candidates, as well as to render any assistance by the candidate for provision of such services to the indicated natural and legal persons.

The natural and legal persons rendering services to the candidate and the political party to conduct the pre-election campaign should obtain written consent of the candidates to adopt such services. The persons who do not have the aforementioned written consent shall bear responsibility according to the Laws of the Republic of Kazakhstan.

8. The periodic printing of the Central and local executive bodies are obliged to publish announcements of the election committees, the data on the candidates participating in elections in the order and volume defined by the Central election committee.

9. At publication of the results of the public-opinion polls related to elections, the mass media are obliged to name the organization that conducted such a poll, the persons who ordered the poll and paid for it, time of conducting of the poll, method of information collection, accurate wording of questions, the number of the interrogated persons and the factor of an error in the results of interrogation.

It is not allowed to publish the results of the polls, forecasts of the election returns and other surveys linked with elections in the mass media within five days before the ballot day and on the ballot day.

It is forbidden to conduct the poll on the day of elections in the premises or in the place/station for voting.

Article 28 items 3, 4, 5 with the changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; article 28 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 29. The pre-election program of the candidate, the political party

The presidential contender, candidate in deputies of the Parliament and Maslikhat and in members of the bodies of local governing, the political party which has put forward the party list shall come out with their electoral program on future activities. The pre-electoral program should not profess the idea of a violent change of the constitutional building, of infringement of integrity of the Republic, undermining of safety of the state, unleashing of social, racial, national, religious, class and patrimonial clashes, the cult of cruelty and violence, and also creation of the militarized formations not stipulated by the legislation.

In case of infringement of the above-mentioned requirements the corresponding election committee has the right to refuse the candidate in registration and the political party in registration of the party list, and in case of putting forward by the candidate or the political party of such an electoral program after registration - to cancel the decision on registration of the candidate or the party list.

Article 29 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 30. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545

Article 31. Proxies

1. Candidates, the political parties which have put forward their party lists have the right to have proxies to help them in conducting election campaigns, conduct pre-election campaigns and to represent the interests of candidates and political parties.

2. Candidates and the political parties which have put forward the party lists define their proxies at their own discretion and notify the corresponding election committee about their proxies for registration.

The persons offered by the candidate and the political party as proxies shall submit to the corresponding election committee  an application expressing their willingness to act as a proxy.

3. The election committee after registration of proxies issues to them the corresponding certificates.

4. The proxy should be a citizen of the Republic of Kazakhstan, cannot be a deputy of Maslikhat at elections of the deputy of the Senate, neither a member of any election committee or a person holding a post of a political civil officer.

5. Proxies act within the limits of the authorities granted to them in the writing form by the candidate or the political party which has put forward the party list.

6. Proxies lose their status after completion of an election campaign by a personal initiative or based on the decision of the candidate and the political party which has put forward the party list and also in case of cancellation of registration of the candidate, the party list.

Article 31 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 32. Termination of the pre-election campaign

1. It is forbidden to conduct any pre-election campaigns on the day of elections and the day preceding it.

2. The printed propaganda materials which earlier have been hung out outside the premises of the election committees and premises for voting can be preserved in their place.

Chapter 6. Financing of elections

Article 33. The state financing of elections

1. Presidential elections, election of the deputies of the Parliament, except for deputies of Mazhilis of the Parliament, elected on the basis of party lists, Maslikhats, members of the bodies of local governments are funded from the funds of the Republican budget.

2. The following expenses are covered from the funds of the Republican budget:

1) For organization and activity of election committees, rent of premises, travel and living allowances, wage of advisers, experts, members of the linguistic committee;

2) Statements of candidates, except for the candidates who stand for elections under the party lists, in mass media according to item 3 of article 28 of the present Constitutional Law;

3) The costs of conducting of public pre-election actions of candidates and issue of propaganda materials of candidates, except for the candidates who stand for elections under the party lists, shall be covered in accordance with items 4 and 5 of article 28 of the present Constitutional Law;

4) Transportation costs of candidates, except for the candidates who stand for elections under the party lists, shall be covered in the size established by the Central election committee.

3. Financing of elections in the Republic on the part of international organizations and international public associations, foreign state bodies, foreign juridical persons and citizens, and also stateless persons, any their direct or indirect participation in financing of elections in the Republic of Kazakhstan is forbidden.

4. Foreigners, stateless persons, foreign juridical persons are forbidden to exercise any activity promoting a nomination and election of candidates, political parties which have put forward the party list and for achievement of certain results at elections.

Article 33 item 1, item 2 sub items 2), 3), 4) with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 sub item 1) with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 sub item 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 34. Non-state financing of elections

1. Pre-election campaigns of candidates on presidential elections and elections of deputies of Parliament and deputies of Maslikhats can be funded from the election funds formed in compliance with the procedure established by the present Constitutional Law.

2. The election funds are subject to the state registration in the order established by the legislation.

3. The election funds are formed of the following sources:

1) Personal funds of candidates in deputies of the electoral districts, the funds of political parties;

2) The means allocated to the candidate by the Republican public association that has nominated the candidate;

3) Voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, bodies of local governing, charitable organizations, religious associations, the Kazakhstani juridical persons having foreign participation in their charter capital and also anonymous donations of natural and legal persons are forbidden.

4. Only the funds that have been received in a legal way can be transferred to the election funds. Information about the total sum of the money which has been received by the fund is published in mass media within ten days after holding the election:

At presidential elections, elections of deputies to Mazhilis of the Parliament of the Republic of Kazakhstan under the party lists – by the Central election committee;

At elections of deputies to the Senate of the Parliament – by the oblast (the city of the Republican significance and the capital) election committees;

At elections of deputies of Mazhilis of the Parliament in respect to the candidates who stand for elections in a single member constituency, and Maslikhats – by district election committees.

5. The maximum size of the money resources which can be transferred to the election funds from the aforementioned sources are determined in the Special part of the present Constitutional Law. The money resources received above the established size shall not be subject to entering in an account of the election funds and shall be returned to the citizens and organizations that have donated such sums. At that, the expenses connected to return of the indicated money are covered at the expense of the citizens and organizations that have contributed the funds. Anonymous donations shall be reduced in the income of the Republican budget.

6. The money resources forming the election fund enter in a special temporary account opened in the financial bodies by the corresponding election committee after registration of the candidate or the party list. The incomes under the indicated account are not charged and not paid. The right for the title in the election fund for the purposes specified in the present Constitutional Law belongs exclusively to the candidate and the political parties which have put forward their party lists. The banks shall submit to the corresponding election committee a weekly report on entry of the funds in the special temporary accounts and on their expenditure. Upon the inquiry of the corresponding election committee, the same data shall be provided within twenty four hours. The order of expenditure of the money from the election funds and the corresponding financial institution shall be defined by the Central election committee.

7. In case of withdrawing by the candidate of his/her candidature, calling back by the political party of the party list or cancellation of the decision to nominate a candidate, a party list or registration of the candidate, the party list, the money resources which have been contributed to the election fund shall be immediately returned to the citizens and organizations that have contributed the named money. At that, the cost of returning the indicated finance shall be covered at the expense of the citizens and organizations that have contributed such funds.

8. All financial transactions under special temporary accounts shall be stopped at 18 o'clock on the day proceeding the day of elections.

At conducting of a repeated voting, the financial transactions under special temporary accounts of candidates in respect to whom the repeated voting is conducted shall be resumed on the day of call of a repeated voting and cease at eighteen o'clock on the day proceeding the day of elections.

The total sum of the money that has entered the election fund from the moment of its formation should not exceed the limits established by the present Constitutional Law.

9. Not later than in five days after establishment of the results of the elections, the candidate and the political party are obliged to present to the corresponding election committee a report on the draft of the funds from the election fund. The two thirds of the money resources from the election fund that have been unexpended for the election campaign shall be transferred to the Republican budget, and one third shall be returned to the candidate and the political party.

10. Infringement by the candidate and the political party that has put forward its party list of the rules stipulated by items 1-8 of the present article, and also of the procedure on spending the funds from the election funds established by the Central election committee  shall entail cancellation of the decision on registration of the candidate, the party list, and after holding an election before registration of the candidate as the President, the deputy of the Parliament, the deputy of Maslikhat and a member of bodies of local governing - declaration of the elections in the corresponding territory or district as null and void.

Article 34 with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 sub item 3), item 8 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4, 6 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 35. Financing of the election actions by the election committees

1. Financing of the election actions for presidential elections, election of the deputies of the Parliament, Maslikhats and also members of the bodies of local governments is carried out by the Central election committee.

2. The chairmen of the election committees dispose of money resources and bear responsibility for conformity of the financial documents to the decisions of the election committees on financial issues.

Article 35 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 36. Control over expenditure of the funds allocated on conducting of the election campaign

1. The control over expenditure by candidates of the funds from the Republican budget allocated on election campaigns is exercised according to the legislation of the Republic of Kazakhstan.

2. The control over expenditure of the funds from the election funds is exercised by the corresponding election committees and financial institutions.

3. At the suggestion of the corresponding election committees, experts from the state bodies can be attracted to conduct the aforementioned control within their competency.

Article 36 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 7. The procedure of voting

Article 37. The ballot paper

1. The ballot paper includes all the registered candidates with indication of the surname, name and patronymic in the alphabetic order of the state language. The ballot paper for voting for political parties includes the names of political parties in the order defined by a toss-up. The toss-up is conducted by the Central election committee. The procedure of conducting of a toss-up is defined by the Central election committee.

2. The ballots are printed in the state and Russian languages.

The ballots are produced in the amount equal to the number of voters in electoral district with a reserve of 0.1 percent of the total number of voters of the given electoral district.

3. The ballots are delivered to the local election committees not later than one day before the elections.

4. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

5. The premises where the ballots are kept are to be sealed and shall be handed over under protection of the law-enforcement bodies.

Article 37 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375, item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 38. Time and place of voting

1. Voting on presidential elections, elections of deputies of Mazhilis of the Parliament and Maslikhats, members of bodies of local governments is conducted on the day of elections from seven o'clock (7 a.m.) till twenty o'clock (8 p.m.) of local time. The territorial or district election committees on presentation of the corresponding Hakim and the divisional election committees have the right to establish other time for the beginning and end of voting. At that, voting cannot begin before six o’clock (6 a.m.) and end after twenty two o’clock (22 p.m.). The voters should accept and be notified not later than seven days before the ballot day about the decision of the territorial or district committees to change the  time for the beginning and end of voting.

2. The local election committee shall notify voters through mass media and in other ways about the time and place of voting not later than ten days before and at holding of the election of members to the local government bodies - not later than five days before the day of voting.

3. In the polling stations formed on board the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, in the military units, remote and out-of-the-way areas, in distant pastures for cattle grazing, in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, investigatory isolators and isolators of the temporary detention and also in the representative offices and agencies of the Republic of Kazakhstan in foreign states, the local election committee  can declare the voting finished at any time if all voters included in the list have voted. The list of such polling stations is approved by the corresponding election committee not later than seven days before elections while at holding of elections of members of the local government bodies - not later than three days before elections.

Voting on elections of deputies of the Senate is conducted within one day. At that, the time of voting shall be defined by the territorial election committee.

Article 38 item 2 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 39. The premises for voting

1. Voting on presidential elections, elections of the deputies of the Parliament, Maslikhats, members of the local government bodies shall be conducted in specially allocated premises equipped with the required number of polling booths for secret vote, the places should be arranged for issue of ballots, and the urns for voting must be arranged in such a way that voters at the approach to them will inevitably have to pass through the polling booths for secret vote. At that, observers, proxies, representatives of mass media and members of the election committee should be ensured a possibility to watch the ballot-boxes, the entrance and exit from the booths for secret vote.

2. The persons who are in the premises for voting are strictly obliged to observe the rules established by the election committee. The chairman of the corresponding election committee regulates the number of the voters to stay in the premise to vote simultaneously; shall be responsible for the order and has the right to demand from anyone who offends the provisions of the present Constitutional Law and hinders the conducting of voting to leave the premise.

On the ballot day, all the persons not involved in the election process are forbidden to stay in the polling station.

In case of infringement of the Law of the Republic of Kazakhstan on Elections, the member of the divisional election committee shall immediately be debarred from participation in the work of the committee, while the observer and other persons shall be sent away from the premise for voting on the basis of the well-reasoned decision of the election committee that should be accepted in writing.

Execution of the given decision shall be realized by the law-enforcement bodies, the latter shall also undertake all possible measures to make answerable the discharged member of the election committee and the sent away observer or any other person for their violation of the provisions and rules of the laws of the Republic of Kazakhstan.

3. Ensuring the order in the premises for voting is assigned to the law-enforcement bodies. Employees of the law-enforcement bodies shall stay in the premises for voting only under the invitation of the chairman of the committee and are obliged to leave it immediately after recovering of the order or at a request of the chairman of the committee.

Article 39 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change and supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2, 3 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 40. Opening of the voting

1. On the ballot day of the presidential elections, elections of the deputies of Mazhilis, Maslikhats and members of the local government bodies, the local election committees shall start to open the voting stations one hour prior to the beginning of voting.

2. On the ballot day on elections of deputies of the Senate, the corresponding territorial election committees shall start to open the voting stations one hour prior to the beginning of voting.

3. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

4. The chairman of the local (territorial) election committee:

1) Thirty minutes prior to the beginning of voting in presence of the committee members shall check the ballot-boxes for availability or absence of ballots in them, integrity of urns, seals or applies a seal on the urns for voting;

2) Defines the members of the committee responsible for issue (giving out) of ballots.

Article 40 item 4 sub item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 41. Organization of voting

1. Each voter (elector) votes personally.

2. At elections, transfer of the right to vote, as well as voting for other persons is impermissible.

3. Ballot-papers should be issued to voters (electors) on the basis of the electoral registers (lists of electors) after showing a document that certifies the personality of the voter (elector).

4. Voters (electors) put their signature in the list in confirmation of receiving by them of the ballot-papers.

5. A member of the committee who has given out the ballot-paper (ballot-papers), puts his/her signature in it/them, and also signs his/her name in the list against the surname of the voter (elector) who has received the ballot-paper (ballot-papers).

The chairman and the secretary of the election committee have no right to give out ballot-papers.

6. If some voters due to their state of health, owing to nursing after an ill member of their family cannot come to the polling station for voting, the local election committee shall organize voting in the place of staying of such voters based on their written requests that shall be submitted not later than twelve hours before the ballot day by the local time.

At reception of the application indicated in the present item, the chairman of the election committee makes a corresponding mark in the electoral register against the surname of the voter who has submitted an application.

At organization of voting outside the premise for voting two members of the election committee shall accompany the portable urn.

Members of the local election committee are obliged to inform observers, proxies and representatives of mass media about voting of such voters outside the premises for voting.

At departure of members of the election committee for voting outside the premises for voting, the observers or proxies have the right to accompany them.

At voting outside the premise for voting, the members of the election committee should be provided with the necessary quantity of ballots with allowance for their possible damage.

At voting outside the premise for voting the ballot-paper (ballot-papers) is issued to voters on the basis of an application for voting outside the premise for voting and in confirmation of such a will the voters shall put their signature in the application.

The member of the committee who has given out the ballot-paper (ballot-papers) puts his/her signature in it and also signs the application for voting outside the premise for voting.

7. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

8. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

9. Organization and conducting of voting according to item 6 of the present article should exclude a possibility of infringement of the election franchises of the citizen, infringement of secrecy of the ballot or distortion of the voter’s declaration of will.

Article 41 item 6 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 5 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 9 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 42. Conducting of voting

1. Ballots are filled in by voters in a polling booth for secret vote. At their filling in, presence of anybody, except for the voter, is forbidden. The voter (elector) who does not have a possibility to independently fill in a ballot has the right to be assisted by a person whom he/she trusts. After voting, the surname of such a person will be written down in the electoral register next to the voter’s (elector’s) signature in confirmation of receiving a ballot. This person cannot be:

1) A member of the election committee;

2) An official of the local representative or executive body;

3) A proxy of the candidate;

4) A journalist – a representative of mass media;

5) An observer registered in the corresponding election committee.

2. The voter (elector) puts any mark in an empty box to the right of the surname of the candidate for whom he/she votes.

In the ballot with names of political parties, the voter puts any mark in an empty box to the right of the name of the political party for which he/she votes.

3. The voter at elections of members of the local government bodies puts any mark in an empty box to the right of the surnames of those candidates for whom he/she votes.

3-1. It is impermissible to put down any marks in the ballot with a pencil, and also to enter any amendments into it.

4. The filled in reports are dropped by the voter (elector) in the urn for voting.

5. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 42 items 2, 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of November, 6, 1998 № 285; item 2 is added by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 sub item 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3-1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 8. Determination of the results of voting

Article 43. Counting of votes in the polling station (place/station of voting)

1. Counting of votes (the poll) at presidential elections, elections of the deputies of Mazhilis of Parliament and Maslikhats, members of the local government bodies in all electoral districts begins at twenty o'clock by the local time if in the given place/station of voting the time of voting was not changed in compliance with the order established by the present Constitutional Law. In case of a change of the time for voting, counting of votes begins upon the end of voting.

Counting of votes is conducted by the members of the election committee without interruption until establishment of the results of voting of which the persons who have the right to be present during counting of voices in compliance with the given Constitutional Law shall be notified. The time for counting of votes shall not exceed twelve hours from the beginning of counting.

The tables at which counting of votes takes place in the premises for voting must be arranged in such a way that all the persons who are present in the premise will have a good view of the actions of the local election committee members. The proxies and observers present at counting of voices shall watch votes’ counting at a distance and under the conditions providing visibility of marks in the ballots.

During count of ballots, the chairman of the committee or an assigned member of the committee shows to the present persons a ballot and discloses the declaration of will of the given voter.

At that, the ballots are stacked in a pile per each candidate, per the political party which has put forward the party list and in a pile for invalid ballot-papers.

2. Counting of votes at elections of the deputies of the Senate of the Parliament begins without delay upon the end of voting.

3. Counting of votes is done separately by each candidate, each political party. The urns for voting should be opened by the corresponding election committee after the announcement by the chairman of the committee of the end of voting. It is forbidden to open the urns before the end of voting.

3-1. At the end of voting, before the urns with the ballot papers are opened, the local election committee based on the electoral registers counts the number of the voters who have received the ballot papers and defines their total number. The chairman of the local election committee or a member of the committee replacing him announces the results of the counting and will put them down in the minutes on results of voting.

Portable ballot-boxes are the first to be opened. The number of the ballots in a portable ballot-box should correspond in quantity to the number of written applications to vote outside the premises for voting. If the number of the ballots of an established format in a portable ballot-box exceeds the corresponding number of written applications, all ballots from this urn shall be recognized invalid. In such a case, it is required to issue an act on invalidation of all ballots taken from the portable ballot-box, with indication of the surnames, names and patronymics of the members of the committee who conducted voting outside the premises for voting with the help of the given portable urn. The stationary urns shall be opened after opening of the portable urns for voting.

4. Before opening of urns all the unused ballot papers are counted and cancelled (liquidated) by the corresponding election committee. The election committee on the basis of the electoral registers shall determine:

1) The total number of voters (electors) in the polling station (place of voting);

2) The number of the voters (electors) who have received ballots;

3) The number of the ballots given by each member of the committee.

4-1. After opening of the urns, the election committee based on the number of the ballot papers shall determine:

1) The total number of the voters (electors) who have taken part in voting;

2) A poll per each candidate, per each political party;

3) The number of the ballots recognized invalid;

4) The number of the ballots received by the local election committee;

5) The number of the cancelled (liquidated) ballots.

In case the number of the ballots taken from the urns for voting exceeds the number of the ballots given on the basis of the electoral registers and applications for voting outside the premises for voting, it is required to determine the quantity of the ballots given by each member of the election committee.

5. The following ballots are recognized as invalid:

1) Of unestablished format;

2) In which there is no signature of the member of the corresponding election committee;

3) In which more than one candidate, more than one political party was marked, except for voting at elections of members of the local government bodies;

4) In which the mark is made with a pencil, there are traces of erasure or any other way of fabrication is detected and also in which it is impossible to define declaration of will of voters.

The invalid ballots are excluded during a direct counting of votes from the number of the ballots of the voters (electors) who have taken part in voting.

6. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

7. In case of a disagreement concerning the validity of ballots, the issue is solved by the election committee through voting. At that, the decision is taken by more than half of voices of the total number of the committee members.

7-1. The local election committee (territorial election committee at election of deputies of the Senate) on demand of the proxy conducts a repeated counting of votes only once within the term established by items 1 and 2 of the given article.

8. The results of votes’ counting are considered by the election committee and will be put down in the minutes signed by the chairman and members of the election committee. In case of absence of the chairman of the election committee, the minutes are signed by the vice-chairman or the secretary of the election committee.

It is inadmissible to fill in the minutes on the results of voting with a pencil and in ink of different colors, and also to make any amendments in them. At that, the numerical values of the results of voting should be duplicated in words.

The copy of the minutes shall immediately be hung out in the premise of the electoral district in a specially arranged place for a general familiarization and will be kept in the premise within two days.

At a request of the person who according to the present Constitutional Law should be present during counting of voices, he/she can be issued a copy of the minutes certified by the signatures of the chairman and the secretary of the committee and the seal of the election committee.

8-1. The election returns of the electoral district are determined at the meeting of the district election committee conducted in one of the polling stations determined by the district election committee not later than ten days before the ballot day, with publication of the data about the place and time of the meeting in mass media. The results are determined on the basis of the minutes of the local election committees which are delivered to the given polling station.

The copy of the minutes on the election returns in the given electoral district is hung out in the premise of the polling station for general familiarization and is to be kept in the given premise for three days.

At a will of the person who according to the present Constitutional Law should be present during counting of voices, the named person will be issued a copy of the minutes certified by signatures of the chairman and the secretary of the committee and the seal of the election committee.

8-2. Not later than five days from the ballot day, the district election committee shall draw up a preliminary summary list on the results of votes’ counting in the polling stations and will hang it out in the premises of the polling station where its meeting was held for everybody’s familiarization.

The official summary list is made on the basis of the received minutes from the divisional (local) election committees on the results of counting of votes, signed by the chairman and the secretary of the district election committee  and it will be posted up for everybody’s familiarization.

9. At revealing by the corresponding higher election committee of mistakes, non-conformities in the minutes of the divisional (local) election committees (the territorial election committees - at elections of deputies of the Senate), and also at doubt in correctness of votes’ counting, the given committee has the right to make a decision to repeat counting of votes of the voters (electors) by the corresponding divisional (the territorial) election committee. The repeated counting of votes of the voters is conducted in presence of a member of the higher election committee and of the applicants who have presented the facts of the wrong counting of votes.

Article 43 items 1, 3 both 6 with the changes and supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 4 sub items 4), 6), item 5 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change and supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; sub item 3-1, 4, 4-1, 7-1, 8-1, 8-2 in edition of the Constitutional Law of the Republic of Kazakhstan from April, 14, 2004 № 545; item 5 sub item 4) with the supplement introduced by the Constitutional Law of The Republic of Kazakhstan from April, 14, 2004 № 545; item 5, 8, 9 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 44. Determination and publication of the results of elections

1. The results of presidential elections, elections of the deputies of the Parliament are determined by the Central election committee.

2. The results of elections of the Maslikhat deputies and also of the local government bodies are determined by the territorial election committee.

3. The results of elections are entered in the minutes signed by the chairman and members of the election committee. In case of absence of the committee chairman the minutes is signed by the vice-chairman or the secretary of the committee instead of the chairman.

4. The announcement of the results of elections:

1) of the President, deputies of the Senate of the Parliament is published in mass media by the Central election committee, of the deputies of Mazhilis of the Parliament – by the corresponding district election committees not later than ten days from the date of holding the election;

2) Of the deputies of Maslikhats is published in the local mass media by the corresponding territorial and district election committees not later than seven days from the date of holding the election;

3) Of the members of the local government bodies is published in the local mass media by the corresponding territorial election committee not later than four days from the date of holding the election.

5. The announcement of the Central (the territorial) election committee includes the following data: the date of elections, the total number of the citizens included in the electoral registers (electors) and who have taken part in voting; the total number of the electoral districts; the total number of the candidates who stand for elections; the number of the voters voting outside the premises for voting; the number of the political parties participating in elections; the number of districts where repeated elections will be held; the number of votes (the poll) voted for each candidate in Presidents, deputies of the Senate of the Parliament, for each political party in the corresponding administrative and territorial area; the elected President, the deputies of the Senate of the Parliament, Maslikhats, members of the bodies of local governments with indication of the surname, name, patronymic, year of birth, post, place of residence and also at discretion of the candidate the data about his/her belonging to a political party and his/her nationality.

The announcement  of the corresponding district election committee includes the data on: the total number of the citizens included in the electoral registers and who have taken part in voting; the number of votes (the poll) voted per each candidate; the number of invalid ballots in the polling stations; the surname, name, patronymic, year of birth, post, the place of residence of the elected deputies to Mazhilis of the Parliament, deputies of Maslikhats, and also at discretion of the candidate the data on his/her belonging to a political party and his/her nationality.

The data of the Central and territorial election committee announcements are submitted to the county constituencies, while the data of the district election committee announcement - to the polling stations. The announcement on the preliminary election returns in the format of statements (lists) the corresponding election committee shall announce not later than forty eight hours after the end of votes’ counting and issue of the corresponding minutes.

Article 44 item 5 with the changes and the supplement, introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 4 sub item 1) with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 sub item 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April  14, 2004 № 545; item 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 45. Registration of the President, deputies of the Parliament, Maslikhats and members of the bodies of local governing

The corresponding election committees in the order established by the present Constitutional Law conduct registration of the elected President, deputies of the Parliament, Maslikhats, members of the local government bodies upon receiving from them within a seven-day’s term of a written application on abdication of all responsibilities by them that are incompatible in compliance with the Constitution and the laws of the Republic with the status of the President, the deputy of the Parliament, maslikhat and the member of the bodies of local governing.

Article 45 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 46. The certificate and a breastplate of the President, the deputy of the Parliament, Maslikhats and the member of the local government bodies

1. The chairman of the Central election committee at the introduction of the President of the Republic into the position hands over to the President the corresponding certificate and a breastplate of the sample established by the Central election committee.

2. The Central election committee after publication in mass media of the results of elections of the deputies of the RK Parliament hands over to each deputy the certificate and a breastplate of the established form.

3. The corresponding territorial election committee after publication in mass media of the list of:

1) the deputies of Maslikhats – hands over to each of them the certificate of the deputy of Maslikhat and a breastplate of the sample established by the Central election committee;

2) The members of the bodies of the local government - hands over to each of them the certificate of the member of the local government body of the sample established by the Central election committee.

Chapter 9. Warranties of freedom of elections

Article 47. Warranties of activity of candidates during the election campaign

1. The candidates in Presidents, deputies of the Parliament, maslikhats from the date of their registration and till publication of the election returns have the right to be released from work, military service and military periodical trainings. The time of the candidates’ participation in elections is included in the years of service in the specialty area in which he/she has worked till the day of registration.

2. The candidates in Presidents, the deputies of the Parliament, maslikhats and members of the local government bodies since the date of their registration and till publication of the results of elections cannot be dismissed from their work, transferred to other work or position without their consent, and also sent on a business trip or invoked on military trainings.

3. The candidates in Presidents, deputies of the Parliament since the date of their registration and till publication of the results of elections and also till their registration as the President, the deputy of the Parliament without the consent of the Central election committee cannot be arrested, subject to a forcible arrest, measures of penalty under administrative law levied judicially, be made answerable for legal liability and also detained except for cases of detainment directly  flagrante delicto (caught red-handed in the act) and committing of a grave crime.

Article 47 item 1 in edition Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 48. The activity of the state bodies on ensuring freedom of elections

1. The ballot day and the day preceding it shall be declared as a working day for the courts, services of the Prosecutor's Office and internal affairs and also organizations on maintenance of the housing stock.

2. The law-enforcement bodies and organizations on maintenance of the housing stock are obliged to render any assistance that the election committees will need:

1) To ensure the public order and freedom of elections during conducting of the voting;

2) To clarify the electoral registers;

3) In respect to other issues that can arise on the day of the ballot in the activity of the election committees.

3. If the election committee  at check of the application submitted in its name finds it necessary to conduct a check of the circumstances indicated in the application by the law-enforcement bodies, then, the corresponding bodies under the request of the election committee  will check such circumstances and make a decision in respect to the given application within three days from the date of receiving the given application and, if an application is received less than five days before the ballot day or on the ballot day – then, the decision will be made immediately.

Article 48 is added with item 3 the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 49. The appeal and cancellation of decisions and actions during the election campaign

Courts and the services of the Prosecutor's Office are obliged to accept applications from the members of the election committees, citizens, representatives of the public associations registered in the statutory order concerning the issues of conducting the voting including the issues on infringements of the Law on Elections that have been received during preparation and holding of the elections and shall consider them in a five-day’s term, while the applications received less than five days prior to the voting or on the ballot day shall be considered immediately.

Decisions and actions of the bodies of the local administration and local government, of enterprises and organizations, their officials offending the Law on Elections, will be appealed in the court.

Courts, services of the Prosecutor's Office and the election committees will organize their work during the election process, including the days off and the day of elections so that they can ensure reception and consideration of petitions within the terms established by the present Constitutional Law.

Article 49 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; the heading with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; the article with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 50. The responsibility for infringement of the Law of the Republic of Kazakhstan on Elections

1. The person bears the statutory criminal responsibility in case of he/she:

1) Intervenes in the work of the election committees;

2) Hinders the process of voting;

3) Hinders execution of the duties related to registration of the candidate or party lists;

4) Hinders execution of the duties connected to counting of votes and determination of the results of elections;

5) Uses an advantage of his/her job or official position with the purpose of election of a certain candidate or a political party;

6) In case of fraud of election documents;

7) In case of a deliberately wrong counting of votes;

8) In case of a deliberately wrong determination of the election returns;

9) In case of infringements of secret vote;

10) Hinders a free accomplishment by the citizen of the Republic of the election franchise through violence, fraud, threats and payoff.

2. The person shall bear an administrative and other responsibility stipulated by the Laws of the Republic of Kazakhstan in the following cases:

1) In case of non-submission or non-publication of the data according to the provisions and requirements of the present Constitutional Law;

2) In case of a failure to comply with the decisions of the election committee accepted within its authorities;

3) In case of conducting of the pre-election campaign before registration of the candidate and the party list which has been put forward by the political party on the day of elections or the day preceding the elections;

4) If he/she hinders the execution of the right to conduct a pre-election campaign;

5) In case of a deliberate distribution of false data about the candidates, political parties or committing of other actions discrediting their honor and dignity;

6) If he/she breaches the rights of the members of the election committees;

7) If he/she breaches the rights of the citizens for familiarization with the electoral register;

8) If he/she provides incorrect data about voters for constituting the electoral registers;

9) Gives out to the citizens the ballots to make them vote for other persons;

10) Does not provide a holiday to participate in voting;

11) In case of infringements of the conditions on holding the pre-election campaigns through mass media;

12) Publication or distribution of anonymous propaganda materials;

13) Intentional destruction or damage of propaganda materials;

14) If he/she renders a financial (material) support to the candidates and the political parties which have put forward their party lists in excess of their election funds;

15) Adoption of donations from foreign states, organizations, citizens and stateless persons for election of the candidate;

16) Infringements of the conditions for conducting of the poll connected to elections;

17) If he/she hinders the legal activity of the candidates’ proxies, political parties, representatives of mass media and observers at elections.

3. At revealing of the facts of infringements of the present Constitutional Law, the election committee has the right to resort to the court or the Prosecutor's office.

4. At infringement by the candidate, the political party of provisions and requirements of the present Constitutional Law except for those that make the basis for refusal or cancellation of registration of the candidate, they are to be warned, while at a repeated infringement the corresponding election committee will cancel the decision on registration of the candidate or the party list.

Article 50 items 1, 2, 3 with the changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; article 50 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 9-1. Specific features of holding elections with the use of the     electronic electoral system

Chapter 9-1 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 50-1. The electronic electoral system

1. At holding of elections for compilation of the electoral registers, voting, determination of results of voting and determination of the election returns, the electronic electoral system can be used on the territory of the electoral district.

At holding of elections with the use of the electronic electoral system, the Norms of the present Constitutional Law are applied with taking into account of the specific features in the use of the electronic electoral system.

2. The electronic electoral system – a block of information technologies, information networks and the means of their software and hardware provisions intended for automation of the information processes at preparation and holding of elections.

The software and hardware means used in the electronic electoral system shall be certificated according to the legislation of the Republic of Kazakhstan.

3. At holding of elections using the electronic electoral system, the proxies, observers and representatives of mass media shall enjoy a complete volume of rights and responsibilities stipulated by the present Constitutional Law.

4. The electronic electoral system is used after it is approved by the state committee formed in the order determined by the Government of the Republic of Kazakhstan.

The election districts and polling stations where the electronic electoral system will be used shall be defined by the Central election committee depending on their readiness to use the electronic system for voting.

5. The equipment of the electronic electoral system is opened and installed in the presence of the members of the local election committee three days prior to the ballot day with issuing of a formal act to state about it.

The proxies of candidates, observers and representatives of mass media have the right to be present at the moment of opening and assembly of the equipment.

The employees of the bodies of internal affairs will ensure protection of the electoral district from the moment of the equipment assembly of the electronic electoral system.

6. The local executive bodies shall ensure an uninterrupted supply of electric power to the sites where the electronic voting is taking place on the ballot day starting from the moment of opening of the polling station and till submission of the results of voting to the Central election committee.

7. The order of use of the electronic electoral system in respect to the part of it which is not regulated by the present Constitutional Law shall be stipulated by the Central election committee.

Article 50-2.  The requirements to the electronic electoral system

1. The electronic electoral system should ensure observance of the provisions and requirements of the Constitution and the present Constitutional Law, authenticity, completeness and timeliness of the information entered and removed from it.

2. The electronic electoral system should be provided with the adequate measures of safety excluding non-authorized access to information, infringement of functioning of the software and hardware means of collecting, processing, accruing, storage, search and transmission of information, deactivating of the named means.

3. At use at elections of the electronic electoral system it is not allowed:

To use other electronic systems, except for the ones defined by the Central election committee;

To connect it to the public telecommunication networks and other information systems and the communication networks which are not applied in the electronic electoral system;

Illegal intervention and control over conducting of the electronic voting, votes counting, transmission of information on the election returns.

4. The electronic electoral system should include the software and hardware means (the system of data recording about voting), allowing automatically in accordance with the input to save any entered information with the description of actions and indication the exact time of the data input.

Article 50-3. Premises for voting with the use of the electronic electoral system

1. The premises for voting with the use of the electronic electoral system shall be equipped in the way that ensures for the persons present in the given premise a better view of what is going on during voting with use of the electronic electoral system, except for voting in a polling booth.

2. Only an expert who has received the admission to service the electronic electoral system in the order established by the Central election committee can stay in the premise for voting with the use of the electronic electoral system.

Article 50-4.  The electronic ballot paper

1. At holding of elections with the use of the electronic electoral system, voting is made by the electronic ballot created by the means of the electronic electoral system.

2. The text of the electronic ballot is made in the state and Russian languages and should conform to the requirements established in item 1 of article 37 of the present Constitutional Law.

Article 50-5.  Organization of the electronic voting

1. The chairman of the election committee thirty minutes prior to the beginning of voting in the presence of the members of the committee:

Checks the serviceability of functioning of the electronic electoral system;

Defines the members of the committee responsible for registering of voters and issue of devices for electronic voting.

The proxies, observers and representatives of mass media have the right to be present during checking of the work of the electronic electoral system in the premise for voting.

Nobody is allowed to exercise any actions with the electronic electoral system, except for the cases stipulated by the present chapter.

2. Prior to the beginning of voting the chairman of the election committee unseals the sealed password to start the electronic electoral system and starts the electronic electoral system through it’s launching. At that, the persons who are present must be ensured a possibility to be convinced beforehand of the integrity of protection measures in respect to the password.

3. The voter is allowed to the electronic voting on the basis of the electoral registers on presentation of the document certificating the personality of the voter.

4. In case of voting outside the premise for voting according to the present Constitutional Law, voters vote with the help of the portable device for voting which should be equipped with a device to save the data on votes of all voters outside the premise for voting of voters.

On the basis of voters’ applications submitted in compliance with item 6 of article 41 of the present Constitutional Law, the data about them obtained from the electoral register shall be entered beforehand in the portable devices for electronic voting.

5. The electronic voting is conducted by the voter in a polling booth for secret vote where presence of other persons is forbidden except for the voter and except for the cases stipulated by item 1 of article 42 of the present Constitutional Law.

The voter finds on the electronic ballot the surname of the candidate for whom he/she wants to vote and by using the control elements of the device for electronic voting confirms his/her vote for the selected candidate.

At voting for political parties, the voter by use of the control elements of the device for electronic voting finds the name of the political party for which he/she wants to vote and confirms the vote.

The voter who has voted in a polling booth hands over the device for electronic voting to a member of the election committee.

6. In case of rise of technical malfunctions which interfere with conducting of the electronic voting and votes’ counting, the election committee  has the right to make a decision about reloading of the program, with an issue of the minutes to be signed by members of the election committee.

Execution of the given decision is assigned to the expert providing operation of the electronic electoral system.

7. If the technical state of the equipment does not allow conducting of the elections in the proper way, then, the voting in the corresponding polling station shall be postponed by the decision of the Central or corresponding territorial election committee for the term needed for a fault removal and organization of voting.

The voters who have voted in the corresponding polling station till before occurrence of such malfunctions shall participate in the subsequent voting on the general basis.

Article 50-6.  Counting of votes at use of the electronic electoral system

1. At use of the electronic voting, counting of votes is made by the electronic electoral system.

The counting of votes begins at the time fixed according to the present Constitutional Law, but not earlier than the data contained in all devices for voting in the place for voting is entered in the electronic electoral system.

The data on the counting of votes should be entered and fixed in the device for the data on voting.

2. The information on the results of the electronic voting in the polling station is entered by the electronic system to the electronic minutes which are certified by the electronic digital signatures of the committee members.

The copy of the electronic minutes on the paper bearer, signed by the members of election committee is hung out in the premise of a polling station in a specially arranged place for public familiarization and will be kept in the premise for two days.

3. At request of the person who according to the given Constitutional Law has the right to be present during counting of voices, he/she will be given a copy of the electronic minutes on the results of the electronic voting on the paper bearer, certified by signatures of the chairman and the secretary of the committee and the seal of the corresponding election committee.

Article 50-7. Determination of the results of elections using the electronic electoral system

1. In case of using the electronic electoral system the results of elections conducted in the electoral districts shall be determined by the Central election committee on the basis of the electronic minutes and submitted to the corresponding election committees.

The electronic electoral system is connected to the specially allocated lines of communication only for the term needed for transmission of the information obtained in compliance with the present item.

2. In case the voting is postponed in compliance with the order stipulated by item 7 of article 50-5 of the present Constitutional Law, the results of elections in the corresponding electoral district are determined after conducting of voting in all polling places/stations for voting of the electoral district.

Article 50-8. Appeal against the election returns with the use of the electronic electoral system

1. At the appeal against the results of voting using the electronic electoral system in the higher election committee or the court, the device for data recording on voting is considered as the evidence.

2. For the purposes of the present article, the device for data recording on voting is kept in the corresponding oblast (the city of the Republican significance, the capital of the Republic) territorial election committee.

Article 50-9.  Storage of devices for data recording on voting

After counting of the votes the device for data recording on voting is packed into the original package, sealed by the seal of the election committee and delivered to the corresponding oblast (the city of the Republican significance, the capital) election committee.

The devices for data recording on voting are kept within one year from the date of the termination of elections.

II. The special part

Chapter 10. Presidential elections in the Republic of Kazakhstan

Article 51. Regular elections of the President of the Republic

Regular elections of the President are conducted once in seven years on the first Sunday of December of the corresponding year and cannot coincide by their terms with elections of a new membership of the Parliament.

Article 51 in edition of the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285.

Article 52. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285

Article 53. The announcement and calling the elections of the President of the Republic

1. The regular elections of the President are announced by Mazhilis of the Parliament not later than the first Sunday of August.

2. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285.

3. One and the same person cannot be elected as the President more than two times running.

Article 54. The requirements to the presidential contender of the Republic of Kazakhstan

1. To be elected as the President of the Republic of Kazakhstan, the citizen of the RK should meet the requirements stipulated in item 2 of article 41 of the Constitution and also to enjoy an active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Law.

2. Eligibility of the presidential contender to the requirements that are stipulated by the Constitution and the present Constitutional Law is determined by the Central election committee  within five days from the moment of submission by the citizen of an application for self-nomination for the presidency or upon submissions of an abstract of the minutes of the supreme body meeting of the Republican public association on nomination of the candidate with enclosure of the candidate’s application confirming his/her consent to run for the presidency. At that, the Central election committee shall establish the fact of residence of the presidential contender for not less than fifteen years in the Republic of Kazakhstan, while the procedure for determination of the fluent command by the candidate of the state language shall be determined by the resolution of the Central election committee in compliance with the act of the Constitutional Council of the Republic on the official interpretation of item 2 of article 41 of the Constitution.

3. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545

Article 54 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 55. Nomination of candidates for the Presidency in the Republic of Kazakhstan

1. The right of nomination of candidates for the Presidency belongs to the Republican public associations registered in the established order and also to the citizens - through self-nomination.

2. Nomination of candidates for the Presidency begins three months before and ends two months prior to elections.

3. The presidential contenders are nominated by the Republican public associations on behalf of their supreme bodies. A public association has the right to put forward as candidates the persons who are not members of the given public association. A public association has the right to nominate only one candidate in Presidents. The decision to nominate a candidate for Presidency is accepted by a majority of voices of the Republican public association supreme body members with drawing up of an abstract from the minutes. The decision of the Supreme Body of the Republican public association:

1) is brought to the notice of the presidential contender;

2) Is submitted to the Central election committee with the application of the presidential contender on his/her consent to run for the presidential elections.

4. Self-nomination of a candidate for Presidency is made through submission of a corresponding application by him/her to the Central election committee.

5. If on the day of the end of the term for registration of candidates, less than two candidates in Presidents have been registered, the Central election committee extends the term of nomination of candidates but not for more than twenty days.

Article 55 item 1 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 56. Collection of signatures in support of the presidential contender of the Republic of Kazakhstan

1. The support by voters of the presidential contender is confirmed by collection of their signatures.

2. The candidate in Presidents should be supported by not less than one percent of the total number of voters, equally representing not less than two thirds of the oblasts, the city of the Republican significance and the capital of the Republic.

3. Collection of signatures in support of the presidential contender will be organized by proxies and is validated by the subscription sheets issued by the Central election committee not later than in five-day’s term after check of the candidate for his/her eligibility to the requirements established by the Constitution and the present Constitutional Law on the basis of the documents on his/her nomination established in items 3 and 4 of article 55 of the present Constitutional Law.

4. Each subscription sheet should have its serial number and include the surname, name and patronymic of the candidate, personal signature of his/her proxy, the surname, name and patronymic of the person collecting signatures, the name of a settlement where collection of signatures is conducted, and it shall also include the columns containing the following data on the persons putting their signatures:

1) Surname, name and patronymic;

2) Number and a series of the document certificating the personality;

3) Number, month and year of birth;

4) The address of the constant or temporary residency;

5) Personal signature.

5. The person collecting signatures during collection of signatures should present a copy of the certificate of registration of the candidate’s proxy. The proxy shall put down his/her personal signature in the corresponding subscription sheet.

6. The Central election committee:

1) Shall approve a sample of a subscription sheet;

2) Shall be obliged to provide candidates in Presidents with the necessary quantity of subscription sheets.

7. The filled in subscription sheets on collection of signatures in support of the presidential contenders are submitted to the territorial election committee which in a ten-day’s term shall accomplish a check of the authenticity of signatures attracting for this purpose the staff of the passport services and shall also draw up the required minutes and send it to the Central election committee.

8. Check of authenticity of signatures is carried out before determination of authentic signatures in the quantity required for the candidate in Presidents, in compliance with item 2 of the present article.

Article 56 item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; items 2, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 8 in edition of the Constitutional Law of the Republic of Kazakhstan as of from April 14, 2004 № 545.

Article 57.  Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 58. The size of the election fund of the presidential contender of the Republic of Kazakhstan

The election fund of the candidate is formed of:

1) The candidate’s own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than five thousand times;

2) The funds allocated to the candidate by the Republican public association which has put him/her forward. The total sum should not exceed the size of the minimum wages established by the legislation for more than seven thousand times;

3) Donations of citizens and organizations of the Republic. The total sum of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.

Article 58 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 59. Registration of presidential contender of the Republic of Kazakhstan

1. Registration of presidential contenders is carried out by the Central election committee.

2. The candidate in Presidents before registration and after his/her check for eligibility to the requirements of the Constitution and the present Constitutional Law and also after the checks of the signatures collected in his/her support shall deposit on the account of the Central election committee an election contribution (fee) in the size fifty fold exceeding the size of the minimum wages established by the legislation. The entered contribution shall be paid back to the candidate if by the results of elections the candidate is elected the President of the Republic or by the results of voting the candidate has collected not less than five percent of votes of the voters who have taken part in voting, and also in case of a death of the candidate. In all other cases the deposited contribution shall not be returned and shall be reduced in the revenues of the Republican budget.

3. Any number of presidential contenders can be proposed for registration.

4. Registration of candidates in Presidents begins two months before and ends forty days prior to the day of elections if it is not stipulated otherwise at calling an election.

5. Registration of the candidate in Presidents from a public association is conducted on provision of the following documents:

1) Abstracts of the minutes of the supreme body meeting of the public association on nomination of the presidential contender with an enclosure of a copy of the document on registration of the given public association in the Ministry of Justice of the Republic;

2) An application with consent to stand for elections as presidential contender;

3) Minutes of the territorial election committees on the results of the check of the authenticity of the collected citizens’ signatures in support of the presidential contender;

4) The biographic data of the candidate;

4-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

5) The document confirming that the candidate has deposited his/her election contribution (fee).

6. Registration of the presidential contender in case of his/her self-nomination shall be done on provision of the following documents:

1) An application on his/her intention to stand for Presidential elections;

2) The minutes of the territorial election committee on the results of check of the collected signatures of citizens in support of the presidential contender;

3) The biographic data on the candidate;

3-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

4) The document certificating that the candidate has deposited the election contribution (fee).

7. The Central election committee:

1) Not later than on the seventh day after registration of presidential contenders shall publish in mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residency of each candidate, and also, at discretion of the candidate, the data on his/her belonging to a public association and nationality;

2) At registration, the candidates are issued the corresponding certificates;

3) Refuses in registration or cancels the decision on registration of the candidate in cases like:

Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration;

Non-eligibility of the candidate to the requirements stipulated by the Constitution and the present Constitutional Law;

If a candidate uses his/her official or job position for the purposes of an election campaign;

If a candidate conducts a pre-election campaign before his/her registration, on the day of elections or the day preceding it;

If the court ascertains the fact of distribution by the candidate and (or) his proxies of false information discrediting honour and dignity of the other candidate, undermining his business reputation;

In case of establishment by court of the facts of tampering with voters of the candidate and his/her proxies;

In other cases established by the present Constitutional Law;

3-1) Cancels the decision on registration of the candidate in case of revealing of non-authenticity of the data on incomes and assets declared by the candidate or his/her spouse according to the Law of the Republic of Kazakhstan on Struggle against Corruption.

The refusal in registration or cancellation of registration can be appealed by the candidates in the corresponding court.

It is not allowed two days prior to the ballot day to cancel the decision on registration of the candidate or re-register the candidate who has been struck off the register.

8. The refusal of the Central election committee  to register the presidential contender or cancellation of the decision on registration can be appealed in ten-day’s term personally by the candidate or the public association which has put forward him/her in the Supreme Court which shall consider the petition in ten-day term’s from the date of its submission. The decision of the Supreme Court is final.

Article 59 items 5, 6 in edition of the Constitutional Law of the Republic of Kazakhstan as of May  8, 1998 № 222-1; item 2, item 7 sub item 3) with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375, as of June 28, 1999 № 407-1; item 2 with the changes and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 is added with sub item 3-1) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 60. Withdrawing of a candidature, cancellation of the decision on nomination for candidacy

1. The presidential contender at any time before registration and after it can withdraw his/her candidature submitting a written application about it in the Central election committee.

2. The supreme body of the Republican public association at any time before registration and after it can cancel the decision on nomination of the candidate in Presidents submitting a corresponding statement to the Central election committee.

3. In the aforementioned cases the Central election committee does not make any registration of the candidate or cancels the decision on his/her registration.

4. If withdrawing of the candidature or cancellation of the decision on nomination of the candidate have been effected without any circumstances that caused the above-named, the Central election committee has the right to charge part of the expenses incurred for conducting of the election campaign that were covered from the funds of the Republican budget to the account of the candidate or the public association that has, accordingly, nominated the given candidate.

Article 60 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545

Article 61. Nomination of presidential contenders of the Republic instead of the retired members after the end of the term of registration

1. If at the end of the term of registration in the result of retirement of the candidates less than two candidates in Presidents are left, the Central election committee by its resolution shall elongate the term of elections but not for more than two months.

2. In this case, nomination of presidential contenders is carried out according to the rules established by the present Constitutional Law.

Article 61 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 62. Counting of votes on the presidential elections of the Republic of Kazakhstan

1. The results of counting of votes on the presidential elections are determined at the meeting of the territorial election committee and are written down in the minutes signed by the chairman and members of the committee and delivered to the Central election committee  in two-day’s term.

2. Other issues linked with determination of the result of votes’ counting are solved according to the rules established in the General part of the present Constitutional Law.

Article 62 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 63. Repeated voting

1. If the ballot included more than two candidates in Presidents and none of them has been elected, the Central election committee fixes a repeated voting for elections of the President from among the two candidates who have received the majority of votes. In case of retirement of one of the candidates the ballot will include the next candidate from the ones who have received the majority of votes.

2. A repeated voting is conducted not later than in two months’ term with observance of the requirements of the present Constitutional Law. Mass media is informed about conducting of a repeated voting.

3. (Item 3 is excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285)

Article 63 item 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 64. Repeated elections

1. If presidential elections have been declared null and void or the repeated voting has not allowed determination of the President to be elected, the Central election committee calls a repeated presidential election.

2. Repeated elections are conducted not later than in two months’ term after the initial elections. Voting is conducted in the same polling stations and under the lists constituted for conducting of the initial elections.

3. Formation of the election committees, nomination and registration of candidates in Presidents, other election actions are realized in the order stipulated by the present Constitutional Law. At that, the reduced terms of election actions are defined by the Central election committee.

4. Mass media shall be informed about conducting of the repeated elections.

Article 64 items 1, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 65. Establishment and publication of the results of presidential elections of the Republic of Kazakhstan

1. The Central election committee on the basis of the minutes of the territorial election committees not later than in seven-day’s term after elections establishes the results of the presidential elections and adopts the corresponding resolution.

2. The candidate is considered to be an elected President of the Republic if he/she:

1) Has collected more than fifty percent of voices of the voters who have taken part in voting;

2) Has collected at a repeated voting the greater poll of the voters who have taken part in the voting in comparison with the other candidate;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545

3. Other issues related to determination and publication of the results of the presidential elections of the Republic are solved according to the rules established in the General part of the present Constitutional Law.

Article 65 item 2 sub item 2) in edition of the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285; item 2 sub item 1), item 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 66. Registration of the elected President of the Republic of Kazakhstan

1. The Central election committee on the basis of the minutes of the territorial election committees in seven-day’s term from the date of holding the election shall register the elected President of the Republic.

2. The Central election committee based on the presentations of the corresponding election committees and appeals from the citizens can refuse in registration of the elected President if on not less than one fourth part of the total number of polling stations or administrative and territorial areas:

1) Elections have been declared null and void;

2) Or if during holding them, at counting of voices or determination of the results of voting certain infringements of the present Constitutional Law have taken place.

3. The decision of the Central election committee  accepted in the order stipulated by item 2 of the present article can be appealed by the presidential contender within ten days from the date of its adoption in the Supreme Court which is to make its final judgment  in ten-day’s term.

Article 66 item 2 sub item 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 67. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 N 285

Article 68. Consideration by the Constitutional Council of the Republic of Kazakhstan of the issue of accuracy of the RK President elections’ holding

1. By the appeal of the President of the Republic, the Chairman of the Senate, the Chairman of Mazhilis, not less than one fifth part of the total number of the deputies of the Parliament and the Prime-minister, which can be submitted within ten days after summarizing of the results of the elections, in case of a dispute, the Constitutional Council shall settle the issue of accuracy of the Presidential elections’ holding in the RK. In this case, the introduction in the position of the President of the Republic is suspended for a period of the appeal’s consideration.

2. In case of a dispute about the accuracy of holding the RK Presidential elections, the Central election committee transfers the materials connected to preparation and holding of the elections to the Constitutional Council.

3. In case of admission by the Constitutional Council of the fact that the RK Presidential elections did  not correspond to the Constitution in those places/stations for voting (administrative and territorial areas) where the facts of infringements of the Constitution have been revealed, the Central election committee  makes a decision on recognition as null and void of the elections conducted in the corresponding places/stations (administrative and territorial areas) and to conduct a repeated voting within two months in those places/stations (administrative and territorial areas) where the elections have been recognized as invalid.

Article 68 items 1, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 11. Elections of the Senate deputies of the RK Parliament

Article 69. Calling an election of the Senate deputies

1. The grounds for calling of:

1) Regular elections – the end of the constitutional term of office of the Senate deputies;

2) Extraordinary elections - pre-term cease of the term of office of the Parliament, formation of the corresponding administrative and territorial areas which do not have representation in the Senate;

3) Elections of deputies instead of the retired members – pre-term cease of the term of office of the deputy, forfeiting of the mandate of the deputy or his/her death.

2. Elections of deputies in the case stipulated by sub item 1) of item 1 of the present article are fixed by the President of the Republic not less than four months prior to the termination of the constitutional term of office of the Senate deputies and are conducted not less than two months prior to the termination of the constitutional term of their office.

3. Elections of deputies in the case stipulated by sub-item 2) of item 1 of the present article are fixed by the President of the Republic simultaneously with adoption of a decision by him about the pre-term termination of the term of office of the Parliament and are conducted within two months from the date of the pre-term termination of the term of office of the Parliament.

4. In cases stipulated by sub item 3) of item 1 of the present article, the elections of the deputies to replace the retired members are fixed by the Central election committee not later than two months from the moment of the pre-term termination and forfeiting of the mandate of the deputy or his/her death.

5. Elections of the deputies of the Senate are fixed with consideration of the requirements of item 3 of article 41 of the Constitution and cannot coincide by terms with elections of the deputies for Mazhilis of the Parliament.

Article 69 item 1 sub item 2), item 5 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375.

Article 70. The requirements to the candidates in deputies of the Senate

To be elected as a deputy of the Senate, the citizen should meet the requirements established in item 4 of article 51 of the Constitution and also to enjoy the active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Law.

Article 70 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 71. Nomination of candidates in deputies of the Senate

1. Nomination of candidates in deputies of the Senate begins since the day that follows the day of calling an election and ends one month prior to the day of elections’ holding.

2. Nomination of candidates in deputies of the Senate is conducted:

1) At the sessions of the oblast (the city of the Republican significance and the capital), urban and rayon Maslikhats. The political parties through their representatives in Maslikhats propose candidatures in Senate deputies of the Parliament of the Republic of Kazakhstan. At that, several Maslikhats can nominate one candidate;

2) Through self-nomination.

3. A deputy of Maslikhat and also a citizen living on the territory of the corresponding oblast, the city of the Republican significance or the capital of the Republic can be put forward as a deputy of the Senate.

4. The decision on nomination of the candidate in deputies of the Senate is taken by a majority of votes of the total number of the deputies representing the corresponding maslikhat:

1) The given decision is brought to the notice of the nominated candidate;

2) With the application of the candidate expressing his/her consent to stand for elections, the given decision is submitted to the election committee, accordingly, of the oblast, the city of the Republican significance and the capital of the Republic.

5. Self-nomination of candidates in deputies of the Senate is made by citizens through submission to the corresponding territorial election committee of an application expressing an intention of the candidate to stand for elections in deputies of the Senate from the given administrative and territorial area.

6. The oblast, urban (the city of the Republican significance or the capital of the Republic) election committee  shall establish within three days eligibility of the candidate to the requirements of the Constitution and the present Constitutional Law and based on the documents indicated in sub item 2) item 4, item 5 of the present article on his/her nomination within three days from the date of the end of a check shall issue for him/her the subscription sheets for collection of electors’ signatures.

7. If on the day of the end of the term for registration of candidates, less than two candidates in deputies of the Senate have been registered, the Central election committee based on the presentation of the corresponding territorial election commission shall prolong the term for nomination of candidates but not for more than twenty days.

Article 71 item 2 sub item 1), items 3, 6 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 sub item 1, item 7 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 72. Collection of signatures in support of the candidate to the Senate

1. The candidate in deputies of the Senate should be supported by not less than ten percent of voices of the total number of the electors representing all Maslikhats of the oblast, maslikhat of the city of the Republican significance or the capital of the Republic, but not by more than twenty five percent of the votes of electors from one maslikhat.

2. The support of electors is confirmed through collection of their signatures. At that, each of electors has the right to put his/her signature in support of only one candidate to the Senate. The signature after registration of the candidate of the Senate is revoked only on the basis of the court decision.

3. Collection of signatures in support of the candidate to the Senate will be organized by proxies and is officially registered by subscription sheets issued accordingly by the oblast (regional), urban (the city of the Republican significance or the capital of the Republic) election committee.

4. Each subscription sheet must have its serial number and include the surname, name, patronymic of the candidate and the person collecting signatures, a personal signature of the candidate, and also the columns containing the following data on electors appending their signature:

1) Surname, name and patronymic;

2) Maslikhat that has nominated him/her as its deputy;

3) Number, month and a year of birth;

4) The address of the residency;

5) Personal signature.

5. The sample of a subscription sheet shall be approved by the Central election committee.

6. The filled in subscription sheets shall be submitted, accordingly, to the oblast (regional), urban (the city of the Republican significance and the capital of the Republic) election committee  which in five-days shall check the authenticity of the collected signatures involving the workers of the passport services and shall compile the corresponding minutes.

7. If in the result of a check for authenticity of signatures it will be established that over one percent of the collected signatures are doubtful, then, the candidate in deputies of the Senate is denied in registration.

Article 72 items 1, 3 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; items 1, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545

Article 73. Registration of candidates in deputies of the Senate

1. Registration of the candidates in deputies of the Senate of the Republic of Kazakhstan shall be conducted by, accordingly, the oblast (regional), urban (the city of the Republican significance and the capital of the Republic) election committees.

2. The candidate in deputies of the Senate before registration and after his/her check for eligibility to the requirements of the Constitution and the present Constitutional Law and also a check of the signatures collected in his/her support shall be obliged to deposit on the account of the Central election committee as a deposit the election contribution fifteen times exceeding the size of the minimum wages established by the RK legislation. The deposited contribution shall be paid back to the candidate if by the results of elections the candidate is elected as the deputy of the Senate of the Parliament or by the results of voting the candidate has collected not less than five percent of the votes of the electors that have taken part in voting, and also in case of death of the candidate. In all other cases the deposited contribution shall not be subject for return and shall be reduced in the income of the Republican budget.

3. Registration of candidates in deputies of the Senate begins after receiving of all the necessary documents and ends twenty days prior to the day of elections if at calling an election it is not established otherwise.

4. Registration of the candidate in deputies of the Senate nominated by the Maslikhat (Maslikhats) shall be conducted on provision of the following documents:

1) Decision of the oblast (regional), urban or rayon maslikhat on nomination of the candidate;

2) Application with the expression of his/her consent to run for the candidacy;

3) The minutes of the regional or urban (the city of the Republican significance and the capital of the Republic) election committee on the results of check of the electors’ signatures in support of the candidate;

4) The biographic data of the candidate;

4-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

5) The document certificating that the candidate has made his/her election contribution.

5. Registration of the candidate in deputies of the Senate in case of his/her self-nomination shall be realized on provision of the following documents:

1) Application of the citizen expressing his/her intent to run for the candidacy in deputies;

2) The minutes of the oblast (regional) or urban (the city of the Republican significance and the capital of the Republic) election committee on the results of check of electors’ signatures in support of the candidate;

3) The biographic data on the candidate;

3-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

4) The document confirming depositing by the candidate of the election contribution.

6. Oblast (regional) or urban (the city of the Republican significance and the capital of the Republic) election committee:

1) At registration of candidates in deputies of the Senate, the committee will issue a corresponding certificate to the candidate;

2) Not later than on the seventh day after registration of candidates in deputies of the Senate, the committee will publish in mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residence of each candidate, and also, at discretion of the candidate, the data on his/her belonging to a public association and his/her nationality;

3) Refuses in registration of the candidate or cancels the decision on his/her registration in case of:

Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration;

Non-eligibility of the candidate to the requirements stipulated by the Constitution and the present Constitutional Law;

Use by the candidate of his/her official or job position for the purposes of the election campaign;

Conducting by the candidate of a pre-election campaign before his/her registration, on the day of elections or the day preceding it;

Establishment by court of the fact of distribution by the candidate and (or) his/her proxies of the falsehoods discrediting honor and dignity of the other candidate, undermining his/her business reputation;

Establishment by court of the facts of tampering with voters of the candidate and his proxies;

In other cases established by the present Constitutional Law;

3-1) Cancels the decision on registration of the candidate in case of revealing of non-authenticity of the data on incomes and assets declared by the candidate or his/her spouse according to the Law of the Republic of Kazakhstan on Struggle against Corruption.

The refusal in registration or cancellation of the registration can be appealed by candidates in the corresponding court.

Cancellation two days prior to the ballot day of the decision on registration of the candidate or restoration of the candidate who has been withdrawn from registration is impermissible.

7. The refusal in registration of the candidate or cancellation of the decision on registration can be appealed in seven-day’s term in the Central election committee or in the court by the maslikhat (maslikhats) that nominated him/her or personally by the candidate. At that, the appeal is considered in seven-day’s term from the date of its submission.

8. The corresponding territorial election committee constitutes the minutes on registration of candidates in deputies of the Senate which within three days shall be submitted to the Central election committee.

Article 73 items 4, 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; item 2, item 6 sub item 3) with the changes introduced by Constitutional Laws of the Republic of Kazakhstan as of May 6, 1999 № 375, as of June 28, 1999 № 407-1; items 2, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; item 6 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; item 6 is added with sub item 3-1) the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; item 6 is added by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 8 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 74. Withdrawing of the candidature, cancellation of the decision on nomination of the candidate in deputies of the Senate

1. The candidate in deputies of the Senate within the period till registration and after it can withdraw his/her candidature on submission of a written application about it, accordingly, to the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee.

2. The maslikhat (maslikhats) that nominated a candidate within the period till registration and after it can cancel its decision to nominate a candidate by submission of an application about it, accordingly, to the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee.

3. In these cases, the corresponding election committee does not make registration of the candidate or cancels the decision on registration of the candidate.

4. If withdrawing of the candidature or cancellation of the decision on nomination of the candidate have been effected without any causing for it circumstances, the territorial election committee has the right to charge from the account of the candidate or the maslikhat that has nominated him/her part of the expenditures that have been incurred for conducting of the election campaign and were covered from the Republican budget.

Article 74 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 75. The size of the election fund of the candidate in deputies of the Senate

The election fund of the candidate is formed of:

1) Own funds of the candidate, the total sum of which should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than two hundred times;

2) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than five hundred times.

Article 75 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; article 75 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 76. Nomination of candidates in deputies of the Senate instead of the retired members after termination of the term of registration

1. If in the result of the candidates’ retiring after termination of the term of registration less than two candidates in deputies of the Senate are left, the Central election committee based on the statement submitted by the corresponding oblast (the city of the Republican significance and the capital) and the urban election committee shall issue its decree by which it elongates the term of elections but not for more than two months.

2. In this case, nomination of candidates in deputies of the Senate shall be realized according to the rules established by the present Constitutional Law.

Article 76 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 77. The order of conducting of the joint session of electors on elections of the deputies of the Senate

1. Elections of deputies of the Senate are conducted on the joint session of electors.

2. The joint session is legally qualified if more than fifty percent of the total number of the elected deputies is present at it, thus, representing all maslikhats of the oblast, maslikhat of the city of the Republican significance or the capital of the Republic.

3. Voting on elections of the deputy of the Senate on the joint session is considered held if  more than fifty percent of the present electors take part in it.

4. The secretary of the oblast, urban (the city of the Republican significance and the capital of the Republic) maslikhat shall preside on the joint session.

5. The chairman and members accordingly of the oblast, urban (the city of the Republican significance and the capital of the Republic) election committees shall be present on the joint session of electors.

6. In the premise where the joint session of electors is to take place, accordingly, the oblast or the urban (the city of the Republican significance and the capital of the Republic) election committee will organize the site for voting on elections of the deputy of the Senate.

7. The minutes of the joint session presented by the secretary of the corresponding maslikhat, accordingly, to the regional, urban (the city of the Republican significance and the capital of the Republic) election committee can serve as the document that confirms conducting of the joint session on elections of the deputies of the Senate.

8. The joint session is closed after announcement by the chairman, accordingly, of the regional, urban (the city of the Republican significance and the capital of the Republic) election committee of the results of voting on elections of the deputy of the Senate.

Article 77 item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 78. Counting of votes at elections of the deputy of the Senate

1. The results of votes’ counting at elections of the deputy of the Senate are established on the meeting, accordingly, of the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee conducted in the site for voting.

2. The oblast, urban (the city of the Republican significance and the capital of the Republic) election committee based on the results of the voting shall draw up the minutes on counting of the votes on elections of the deputy to the Senate, which:

1) is signed by the chairman and members of the election committee;

2) is disclosed on the joint session of electors;

3) is delivered to the Central election committee  within two-days starting from the date of elections.

3. Other issues connected to determination of the results of votes’ counting are solved according to the rules established in the General part of the present Constitutional Law.

Article 78 item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 79. Repeated voting at elections of deputies of the Senate

1. If the ballot includes more than two candidates of the Senate and none of them has been elected, accordingly, the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee calls a repeated voting on two candidates who have received the majority of voices. In case of retiring of one of the candidates the ballot shall include the next candidate who has received the majority of voices.

2. The repeated voting is conducted on the same day when the initial voting was held with observation of the requirements of the present Constitutional Law.

Article 79 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 80. Repeated elections of the deputies of the Senate

1. If elections have been recognized not held due to default of appearance of the required number of electors or if they have been declared null and void or if at balloting of two candidates both of them have not been elected, the Central election committee upon the presentation of the corresponding territorial election committee shall make a decision on conducting of the repeated elections.

2. Repeated elections are conducted not later than in two months’ term after the initial elections. Nomination and registration of candidates in deputies and other actions stipulated for the repeated elections shall be conducted in accordance with the rules established by the present Constitutional Law. At that, the Central election committee shall determine the reduced terms for the election actions.

3. The announcement on the repeated elections is published in local mass media.

4. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 80 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 81. Establishment and publication of the results of elections of deputies of the Senate

1. Results of elections of deputies of the Senate as a whole across the Republic are established by the Central election committee not later than in seven-day’s term from the date of holding the elections.

2. The candidate shall be considered to be elected at the elections as the deputy of the Senate provided:

1) he/she has collected more than fifty percent of the votes of electors that have taken part in voting;

2) he/she has collected at the repeated voting the majority of the votes of electors in comparison with the other candidate;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. Other issues connected to establishment and publication of the results of elections shall be solved according to the rules established in the General part of the present Constitutional Law.

Article 81 item 2 sub items 1), 2), item 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375.

Article 82. Registration of the deputies of the Senate

1. The Central election committee on the basis of the minutes of the oblast, urban (the city of the Republican significance and the capital of the Republic) election committees shall register the elected deputies of the Senate.

2. The Central election committee based on the statement submitted by the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee or applications of electors can declare the elections of the deputy to the Senate null and void if during the given elections or at counting of voices or determination of the results of voting certain infringements of the present Constitutional Law took place based on which the committee can refuse in registration of the deputy of the Senate. At that, the given decision of the Central election committee can be appealed by the candidate in deputies of the Senate within ten days from the date of its adoption in the court which in ten-day’s term makes its decision.

Article 82 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of June 19, 1997 № 133; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375;

Article 83. Conducting of the extraordinary elections of deputies of the Senate and elections of deputies instead of the retired members

1. The extraordinary elections of the deputies of the Senate and elections of the deputies instead of the retired members shall be conducted according to the rules established by the present Constitutional Law for the regular elections of the deputies of the Senate. At that, the terms of conducting of the election actions shall be defined by the Central election committee.

2. The elections of the deputy instead of the retired deputy are not conducted one year prior to the expiration of the constitutional term of office of the deputies of the Senate.

Article 83 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 84. Consideration by the Constitutional Council of the issue of correctness of holding the elections of deputies of the Senate

1. By the appeal of the President of the Republic, the Chairman of the Senate, the Chairman of Mazhilis, not less than one fifth part of the total number of the deputies of the Parliament and the Prime-minister of the Republic which can be submitted within ten days after the summarizing of the results of the elections, the Constitutional Council in case of a dispute shall solve the issue of correctness of holding the elections of deputies of the Senate. In this case, the registration of the elected deputies of the Senate is suspended for the period of the appeal’s consideration.

2. The Central election committee in case of a dispute about correctness of holding the elections of deputies of the Senate submits the materials related to preparation and holding of the elections to the Constitutional Council.

3. In case the Constitutional Council acknowledges that the elections of the Senate deputies were not held in compliance with the Constitution in those administrative and territorial areas where infringement of the constitution has been revealed, the Central election committee  makes a decision to acknowledge the elections as invalid in these administrative and territorial areas and to conduct the repeated elections within two months in those administrative and territorial areas where the elections have been declared null and void.

Article 84 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 12. Elections of deputies to Mazhilis of the RK Parliament

Article 85. Calling the elections of deputies of Mazhilis

1. The grounds for calling:

1) of the regular elections can be termination of the constitutional term of office of the deputies of Mazhilis;

2) of extraordinary elections – earlier termination of the term of office of the Parliament;

3) of elections of deputies instead of the retired members – earlier termination of term of office of the deputy, forfeiting of the mandate of the deputy or his/her death.

2. Elections of deputies in case stipulated by sub item 1) of item 1 of the present article are called by the President of the Republic not less than in five months before and are conducted not later than two months before termination of the term of office of the deputies of Mazhilis.

3. Elections of deputies in case stipulated by sub item 2) of item 1 of the present article are called by the President of the Republic simultaneously with adoption by him of the decision about advance termination of the term of office of the Parliament and are conducted within two months from the date of the advance termination of the term of office of the Parliament.

4. In cases stipulated by sub item 3) of item 1 of the present article, the elections of the deputies instead of the retired members are called by the Central election committee not later than three months from the moment of the advance termination and forfeiting of the mandate of the deputy or his/her death.

5. The date of elections is defined with consideration of the requirements of item 3 of article 41 of the Constitution.

Article 85 item 1 sub item 1), item 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375.

Article 86. The requirements to the candidates in deputies of Mazhilis

To be elected a deputy of Mazhilis, the citizen should meet the requirements established in item 4 of article 51 of the Constitution and also to have the active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Law.

Article 86 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; article 86 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 87. Nomination of candidates in deputies of Mazhilis

1. The right for nomination of candidates in deputies of Mazhilis belongs to the political parties registered in compliance with the stipulated order, and also to the citizens through self-nomination. The right for inclusion in the party lists of persons for elections on the territory of the single national county constituency (electoral district) belongs to political parties.

2. Nomination of candidates in deputies of Mazhilis by the political parties is made by their supreme bodies with indication of an electoral district in which each candidate will stand for elections. The political party has no right to nominate as the candidates in deputies of Mazhilis the persons who are not members of the given political party. The political party can put forward in each electoral district only one candidate in deputies of Mazhilis. The decision on nomination of candidates in deputies of Mazhilis is accepted by the majority of voices from the total number of members of the supreme body of the political party and is officially validated by drawing up an abstract of the minutes. The supreme body of the political party shall include in the party list the persons for election in deputies of Mazhilis from the territory of the single national electoral district. The political parties have no right to include in their party lists the persons who are not members of the given political party. The person included in the party list for elections in deputies of Mazhilis on the territory of the single national electoral district has no right to be put forward by the territorial county constituencies.

2-1. Political parties independently define the order of listing of persons in the party list. The party list is submitted to the Central election committee by a representative of the political party with an abstract of the minutes of the supreme body of the political party about nomination of the party list. The authorities of the representative should be confirmed by the corresponding documents.

2-2. The political parties can form the election blocks for the period of holding the elections which are registered in the Central election committee. The election blocks can be formed not less than by two political parties.

During the period of holding the elections, the political party can join only one election block. The decision on the entry in the election block is taken by the supreme body of the political party.

The rules stipulated for the political parties by the present Constitutional Law are spread on the election blocks for the period of holding the elections.

3. The decision of the supreme body of the political party:

1) Shall be brought to the notice the proposed candidate;

2) Together with the application of the candidate on his/her consent to stand for elections it will be delivered to the district election committee.

4. Self-nomination of candidates in deputies of Mazhilis is made by citizens through submission to the corresponding district election committee of an application expressing the candidate’s intention to stand for elections of a deputy of Mazhilis in the given territorial electoral district.

5. The district election committee shall determine within three days the eligibility of the candidate to the requirements of the Constitution and the present Constitutional Law.

6. Nobody can be nominated as a candidate from more than one electoral district.

7. Nomination of candidates in deputies of Mazhilis begins two months prior and ends forty days before the elections.

8. If on the day of termination of the term of registration of candidates in the corresponding electoral district less than two candidates of Mazhilis have been registered, the Central election committee based on the presentation submitted by the corresponding district election committee prolongs the term for promotion of candidates but not for more than twenty days.

Article 87 with the supplements and the change  introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1, 3, 6, 7 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2, 8 in edition of the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; article 87 is added with item 2-2 the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545.

Article 88. The election contribution (deposit) 

Each candidate in deputies of Mazhilis before registration and after his/her check for eligibility to the requirements of the Constitution and the present Constitutional Law, shall deposit on the account of the Central election committee  the election contribution fifteen times exceeding the size of the minimum wages fixed by the legislation. The deposited contribution shall be paid back to the candidate in cases if by the results of elections the candidate is elected as the deputy of Mazhilis of the Parliament or by the results of voting the candidate has collected not less than five percent of voices of the voters who have taken part in voting, and also in case of death of the candidate. In all other cases, the deposited contribution shall not be returned and shall be reduced in the income of the Republican budget. The political parties which have put forward their party lists on the territory of the single national electoral district after check of the persons included in their lists for eligibility to the requirements of the Constitution and the present Constitutional Law shall deposit from the funds of the political parties on the account of the Central election committee the election contribution fifteen times exceeding the size of the minimum wages established by the legislation for each person included in the party list. The introduced contribution shall be paid back to the political party in the following cases: if, by the results of elections the political party has collected not less than seven percent of voices of the voters who have taken part in voting, and also in case of a death of the only candidate included in the party list. In all other cases the deposited contribution is not returned and shall be reduced in the income of the Republican budget.

Article 88 in edition of the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375, with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of June 28, 1999 № 407-1; article 88 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 89. Registration of candidates in deputies of Mazhilis

1. Registration of candidates in deputies is realized by district election committees. Registration of the party lists submitted by the political parties is conducted by the Central election committee.

2. Registration of the candidate nominated by the political party is made on provision of the following documents:

1) Abstracts of the minutes from the meeting of the supreme body of the political party on nomination of the candidate from the corresponding electoral district with enclosure of a copy of the document on registration of the given political party in the judicial authorities;

2) Application of the citizen with his/her consent to run for the candidacy in deputies from the given electoral district on behalf of the political party which has nominated the candidate;

3) The biographic data on the candidate;

3-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

4) The document confirming depositing by the candidate of the election contribution;

5) The document confirming membership of the candidate in the political party that has nominated the candidate.

3. Registration of the candidate in case of his/her self-nomination is implemented on provision of the following documents:

1) Application of the citizen on his/her intention to run for candidacy in deputies from the given electoral district;

2) The biographic data on the candidate;

2-1) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

3) The document confirming depositing by the candidate of the election contribution.

4. Any number of candidates can be proposed for registration in deputies of Mazhilis.

5. The district election committee shall draw up the minutes on registration of candidates in deputies of Mazhilis which within five-day’s term shall be submitted to the Central and corresponding territorial election committees.

6. The district election committee:

1) Not later than on the seventh day after registration of candidates, the committee shall publish in local mass media the announcement on registration with indication of the candidate’s surname, name, patronymic, year of birth, position/post, place of work and residency of each candidate, and also, at discretion of the candidate, the data on the candidate’s belonging to the political party and nationality;

2) At registration, the committee shall issue to the candidates the corresponding certificates;

3) The committee shall deny in registration of the candidate or cancels the decision on the candidate’s registration in case of:

Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration;

Non-eligibility of the candidate to the requirements of the Constitution and the present Constitutional Law;

Use by the candidate of his/her official or job position for the purposes of the election campaign;

Conducting by the candidate of a pre-election campaign before his/her registration on the day of elections or the day preceding it;

Establishment by court of the fact of spreading by the candidate and (or) his proxies of the falsehoods discrediting honor and dignity of the other candidate, undermining the other candidate’s business reputation;

Establishment by court of the facts of tampering with voters of the candidate and his/her proxies;

In other cases established by the present Constitutional Law;

3-1) Cancels the decision on registration of the candidate in case of revealing of non-authenticity of the data on incomes and assets declared by the candidate or his/her spouse according to the Law of the Republic of Kazakhstan on Struggle against Corruption.

The refusal in registration or cancellation of registration can be appealed by candidates in the corresponding court.

Cancellation two days prior to the ballot day of the decision on registration of the candidate or restoration in registration of the candidate who has been withdrawn from registration is impermissible.

7. Registration of the party lists on the territory of the single national electoral district is made based on the following documents:

1) Abstracts of the minutes of the supreme body of the political party on nomination of the party list with enclosure of a copy of the document on registration of the political party in the Ministry of Justice of the Republic of Kazakhstan and also the documents reconfirming its Republican status;

2) Application of the citizen with his/her consent to be included in the party list;

3) The biographic data on each person included in the party list;

4) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

5) The document confirming depositing by the political party of the election contribution;

6) The document confirming membership of the person included in the party list in the political party that has put forward the given list.

8. Only one list from one political party is admitted to registration with the number of the persons included in it not exceeding the stipulated number of the deputy mandates distributed among political parties for thirty percent.

9. The Central election committee:

1) Not later than on the tenth day after registration of the party lists publishes in mass media the announcement on registration with indication of the name of the political party and number of the persons included in the party list, and also the surname, name, patronymic, year of birth, position, place of work and residence of each person included in the party list;

2) At registration, the committee shall issue to the persons included in the party list the approved certificates;

3) Refuses in registration or cancels the decision on registration of the party list in case of:

Infringement by the political party of the rules on nomination of the party list, non-submission of the necessary documents for registration;

Conducting by the political party which has nominated the party list or by its proxies of a pre-election campaign before registration of the party list, on the day of elections or the day preceding it;

Establishment by court of the fact of distribution by the political party that has nominated the party list or by its proxies of the falsehoods discrediting honor and dignity of the other candidate, other political party that has nominated its party list or of the person included in the party list, thus undermining  their business reputation;

Withdraw from the party lists of the persons who constitute more than twenty five percent of the total party list;

Establishment by court of the facts of tampering with voters of the political party which has nominated the party list or of its proxies;

In other cases stipulated by the present Constitutional Law.

The refusal in registration or cancellation of registration can be appealed by the political party which has put forward the party list in the corresponding court.

It is impermissible to cancel two days prior to the ballot day the decision on registration of the party list or recover the party list which has been earlier withdrawn from registration;

4) Makes a decision on exclusion of the person included in the party list from the given list in case of:

Non-eligibility of the person included in the party list to the requirements established by the Constitution and the present Constitutional Law;

Use by the person included in the party list of his/her official or job position for the purposes of an election campaign;

Conducting by the person included in the party list of a pre-election campaign before registration of the party list or on the day of elections;

Establishment by court of the fact of distribution by the person included in the party list or his proxies of the falsehoods discrediting honor and dignity of the candidate, the political party which has put forward the party list or of other person included in the party list and undermining of their reputation;

Revealing of non-authenticity of the data on incomes and assets declared by the person included in the party list and his/her spouse according to the Law of the Republic of Kazakhstan on Struggle against Corruption;

Establishment by court of the facts of tampering with voters of the person included in the party list or of his/her proxies;

In other cases established by the present Constitutional Law.

The decision on exclusion of the person included in the party list from the given list can be appealed by the political party which has put forward the party list or the person excluded from the party list in the corresponding court. The decision of the court shall be final.

It is impermissible to take a decision on exclusion of the person included in the party list two days before the ballot day.

10. The refusal in registration or cancellation of the decision on registration can be appealed within seven-days in the Central election committee or in the court. At that, the Central election committee or the court passes a decision in regards the given appeal within seven-day’s term starting from the date of the appeal’s submission.

11. Registration of candidates and party lists begins two months before and ends one month prior to elections if it is not otherwise established at calling an election.

Article 89 items 2, 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; items 1, 9, 10, 11, item 6 sub item 3) with supplements and the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; items 7, 8 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 sub item 1) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 sub item 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 is added with sub item 5) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 sub item 1) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; Item 6 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 is added with sub item 3-1) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 is added with the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 with a change, is added with sub item 6) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 8 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 9 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 9 is added with sub item 4) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 90. Withdrawing of the candidature, cancellation of the decision on nomination of a candidate in deputies of Mazhilis

1. The candidate in deputies of Mazhilis within the period before registration and after can withdraw his/her candidature submitting a written application about it in the district election committee.

2. The supreme body of the political party can cancel its decision on nomination of the candidate in deputies of Mazhilis within the period before registration and after it through submission to the district election committee of the appropriate written statement.

3. In these cases the district election committee does not make the registration of the candidate or cancels the decision on registration of the candidate.

3-1. Political parties within the period before registration of party lists and after it, but not later than seven days before the ballot day, can withdraw their party lists through submission of a written application about it and an abstract of the minutes of the meeting of the supreme body of the political party to the Central election committee. The person included in the party list can withdraw his/her candidature from the party list through submission of a written application about it to the Central election committee. In these cases, the Central election committee makes a decision on refusal in registration or cancellation of registration of the party list or exclusion of the person included in the party list.

4. If removal of the candidature or cancellation of the decision on nomination of the candidate have been effected without any serious causal circumstances for it, the district election committee shall charge part of the expenditures incurred in the result of the election campaign conducting and covered from the Republican budget from the account of the candidate or of the political party which has nominated the candidate.

Article 90 items 1, 2, 3-1 with the changes and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; items 1, 2, 4 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3-1 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

Article 91. Is excluded - by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 92. The size of the election fund of the candidate in deputies of Mazhilis

The election fund of the candidate is formed of:

1) The candidate’s own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than two hundred times;

2) The funds allocated to the candidate by the political party which has nominated the candidate. The total sum should not exceed the size of the minimum wages established by the legislation for more than five hundred times;

3) Donations of citizens and organizations of the Republic. The total sum should not exceed the size of the minimum wages established by the legislation for more than one thousand times.

Article 92 sub item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 92-1.  The size of the election fund of the political party

1. The candidates standing for elections under party lists nominated by the political parties have no right to form their own election funds.

2. The election fund of the political party is formed of:

1) The political party’s own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than five thousand times;

2) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the size of the minimum wages established by the legislation for more than ten thousand times.

Article 92-1 is entered by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 93. Nomination of candidates in deputies of Mazhilis instead of the retired candidates after termination of the term of registration

1. If in the result of the candidates’ retiring after termination of the term of registration less than two candidates of Mazhilis remain in the corresponding electoral district, then, the Central election committee based on the presentation submitted by the district election committee shall issue its resolution on prolongation of the term of elections, but not for more than two months.

2. In this case, nomination of candidates in deputies of Mazhilis is realized according to the rules established by the present Constitutional Law.

Article 93 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;

Article 94. Counting of votes at elections of deputies of Mazhilis

1. The divisional election committee by the results of voting constitutes the minutes of voting which is immediately delivered to the district election committee. The minutes of voting under party lists are immediately remitted to the corresponding territorial election committee.

2. The election returns of the deputy of Mazhilis are established at the meeting of the district election committee based on the minutes of the divisional election committees. Based on the election returns of the deputy of Mazhilis the minutes is drawn up and signed by the chairman and members of the district committee and delivered to the Central election committee in no more than two-day’s term from the date of the elections. The election returns under party lists are determined at the meeting of the Central election committee on the basis of the minutes of the corresponding territorial election committees. The minutes shall be drawn up on the election returns.

3. Other issues related to determination of results of votes’ counting and the election returns shall be solved according to the rules established in the General part of the present Constitutional Law.

Article 94 items 1, 2, 3 with the supplements and the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 95. Repeated voting at elections of deputies of Mazhilis

1. If the ballot includes more than two candidates of Mazhilis and none of them has been elected, the district election committee calls a repeated voting on elections of the deputy between the two candidates who have received the majority of votes. In case of one of the candidate’s leaving, the ballot includes the next candidate from the list who has also received the majority of voices.

2. Repeated voting is conducted not later than in two months’ term with observation of the requirements of the present Constitutional Law. It will be announced in mass media that a repeated voting will be held.

Article 95 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 96. Repeated elections of deputies of Mazhilis

1. If elections have been declared null and void or at vote of two candidates both of them have not been elected, the Central election committee makes a decision on conducting the repeated elections. The voting is conducted in the same polling stations and under the same electoral registers that have been compiled for conducting of the initial elections.

2. The repeated elections are conducted not later than in two months’ term after the initial elections or in the term defined by the Central election committee based on the presentation submitted by the corresponding district election committee. The election actions stipulated for conducting of the repeated elections shall take place in the order established by the present Constitutional Law. At that, the reduced terms of the election actions are defined by the Central election committee.

3. It will be announced in mass media about conducting of the repeated elections.

4. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

5. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 96 items 1, 2, 5 with the changes and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 97. Establishment and publication of the results of elections of deputies to Mazhilis

1. The results of elections of deputies to Mazhilis across the Republic are determined by the Central election committee in seven-day’s term from the date of the election’s holding.

2. The candidate shall be considered elected at elections of the deputy of Mazhilis provided he/she:

1) has collected more than fifty percent of voices of the voters who have taken part in voting;

2) has collected at a repeated voting the greater poll of voters in comparison with the other candidate;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. Other issues related to determination and publication of the election returns shall be solved in compliance with the rules established in the General part of the present Constitutional Law.

Article 97 item 2 sub item 1), sub item 2), item 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375.

Article 97-1. Distribution of deputy mandates based on the ballots under party lists

1. The Central election committee sums up the voices of the voters given on the territory of the single national district per each party list that has received seven and more percents of voters’ voices from the total number of the voters that have taken part in voting. The sum of voters’ voices given for political parties and reaching over seven percent shall be divided by ten – the number of the deputy mandates distributed on the territory of the single national district. The received result is the first election quotient (quota).

2. The poll received by each party list participating in distribution of deputy mandates is divided by the first election quotient. The whole part received as a result of division of the number is the number of deputy mandates to be received by the corresponding political party that has made the party list.

3. If after the actions effected according to item 2 of the present article there are undistributed mandates, they will be subject to the secondary distribution. The undistributed mandates shall be distributed by one between those party lists which have the greatest fractional part (the remainder) of the number received in the result of division in compliance with item 2 of the present article. At equality of the greatest remainder, the advantage shall be given to the party list registered earlier.

4. The deputy mandates are distributed in a strict compliance with the sequence of placing of the candidates in the corresponding party list.

5. In case of an advance retiring of the deputy elected in the result of distribution of deputy mandates between political parties that formed the party lists, his/her mandate by the resolution of the Central election committee shall be given to the next candidate elected from the same party list.

In case there are not any more candidates left in the corresponding party list, the mandate remains vacant till the following elections of deputies of Mazhilis.

Liquidation of the political party or the cease of membership in the political party is the basis for termination of the term of office of the Mazhilis deputies in the Parliament elected by the party list of this party.

Political parties have the right to change sequence of candidates in their party lists upon addressing the Central election committee with a written application and enclosing an abstract of the minutes from the meeting of the political party’s supreme body.

Article 97-1 is entered by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 5 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 98. Registration of deputies of Mazhilis

1. The Central election committee on the basis of the minutes of district election committees registers the elected deputies of Mazhilis.

2. The Central election committee upon presentation of the district election committee or references of citizens can declare the elections of the deputy of Mazhilis null and void if during the elections, counting of voices or determination of the election returns, certain infringements of the present Constitutional Law took place, and, hence, it can refuse in registration of the deputy of Mazhilis. At that, the given decision of the Central election committee can be appealed by candidates in deputies of Mazhilis within ten days from the date of its adoption in court which in ten-day’s term shall make a decision.

Article 98 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of June 19, 1997 № 133; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375.

Article 99. Conducting of extraordinary elections of deputies of Mazhilis and elections of deputies instead of the retired deputies

1. The extraordinary elections of deputies of Mazhilis and elections of deputies instead of the retired members are conducted according to the rules established by the present Constitutional Law for regular elections of deputies of Mazhilis. At that, the terms of conducting of election actions are defined by the Central election committee.

2. One year prior to the expiration of the constitutional term of office of Mazhilis deputies, the elections of the deputy to replace the retired deputy are not held.

Article 99 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 100. Consideration by the Constitutional Council of the issue of correctness of holding elections of the Mazhilis deputies

1. By the appeal of the RK President, of the Chairman of the Senate, the Chairman of Mazhilis, not less the one fifth part of the total number of Parliament deputies and the Prime-minister of the Republic which can be submitted within ten days after summing up the results of the elections, the Constitutional Council solves the issue of correctness of holding the elections of Mazhilis deputies in case of a dispute. In this case, the registration of the elected Mazhilis deputies is suspended for the period of time for consideration of the appeal.

2. The Central election committee in case of rise of a dispute on correctness of holding the elections of the Mazhilis deputies shall submit the materials related to preparation and holding the elections to the Constitutional Council.

3. In case of acknowledgement by the Constitutional Council of the Mazhilis deputies’ elections as not corresponding to the Constitution in those county constituencies where infringement of the constitution has been revealed, the Central election committee makes a decision to declare the given elections null and void in these county constituencies and to conduct the repeated elections within two months in the county constituencies where the elections have been declared null and void.

Article 100 item 1 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 13. Elections of Maslikhat deputies of the Republic of Kazakhstan

Article 101. Calling an election of Maslikhat deputies

1. The grounds for calling of:

1) Regular elections - termination of the constitutional term of office of Maslikhats, except for the cases stipulated by the Law;

2) Extraordinary elections - the advance cease of authorities of Maslikhats;

3) Elections of deputies to replace the retired deputies - the advance cease of authorities of the deputy, forfeiture of his/her mandate or his/her death.

2. The regular elections of Maslikhats deputies are called by the Central election committee  not less than three months prior to expiration of the term of office of Maslikhats and should be conducted not less than one month prior to the expiration of the constitutional term of office of Maslikhats.

3. Extraordinary elections of Maslikhat deputies the authorities of which are terminated ahead of schedule shall be called by the Central election committee on the basis of the Senate decision on the advance cease of Maslikhats’ authorities and should be conducted not later than two months from the date of the advance cease of authorities of Maslikhats.

4. Elections of deputies of Maslikhats to replace the retired deputies are called by the oblast, urban (the city of the Republican significance and the capital of the Republic) election committee not later than three months from the date of the advance cease and forfeiting of the mandate of the deputy or his/her death.

5. The regular elections of Maslikhat deputies of all levels are conducted simultaneously and cannot coincide by the terms with the presidential elections and elections of the deputies of the Senate of the Parliament.

6. The announcement about the day of elections is published in mass media.

Article 101 item 1 sub item 1), item 5 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 102. The requirements to the deputies of Maslikhats

To be elected as the deputy of Maslikhat, the citizen should meet the requirements established in item 3 of article 86 of the Constitution and also have the election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Law.

Article 102 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; article 102 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 103. Nomination of candidates in deputies of Maslikhats

1. Nomination of candidates in deputies of Maslikhats is made by the Republican or local public associations registered in due order, and also by their structural divisions, and of citizens – through self-nomination.

2. Nomination of candidates in deputies of Maslikhat by the Republican or local public associations and their structural divisions is made by their supreme bodies with indication of the electoral district in which each candidate will stand for elections. The public associations have no right to put forward candidates out of the persons who are not members of the given public association. The public association or its structural division can put forward in each electoral district only one candidate in deputies of Maslikhat. The decision on nomination of candidates in deputies of Maslikhats is accepted by a majority of the total number of members of the supreme body of the Republican or local public association and its structural division, and shall be validated in the format of an abstract of the minutes.

3. The decision of the supreme body of the public association:

1) Shall be brought to the notice of the proposed candidate;

2) With the candidate’s application on his/her consent to stand for elections it will be delivered to the corresponding district election committee.

4. Nomination of candidates in Maslikhat deputies by citizens is made through self-nomination by submission to the corresponding district election committee of an application expressing the intent of an applicant to stand for elections in deputies of Maslikhat in the given territorial electoral district.

5. Nobody can be put forward as a candidate from more than one electoral district.

6. Nomination of candidates begins two months before and ends one month prior to the day of elections if it is not established otherwise at calling an election.

7. If by the day of termination of the term for registration of candidates in the corresponding electoral district, less than two candidates in deputies of Maslikhat have been registered, then, the territorial election committee based on the presentation submitted from the corresponding district election committee shall prolong the term for nomination of candidates but not for more than twenty days.

8. The district election committee within three days establishes the eligibility of the candidate to the requirements of the Constitution and the present Constitutional Law.

Article 103 item 8 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2, 7 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3, 6 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 104. Registration of candidates in deputies of Maslikhats

1. Registration of candidates in deputies is realized by district election committees.

2. Registration of the candidate put forward by a public association is made if the following documents are provided:

1) Abstracts of the minutes of the supreme body meeting of the public association on nomination of the candidate in the corresponding electoral district with enclosure of a copy of the document on registration of the given public association in judicial authorities;

2) Application of the citizen expressing his/her consent to run for the candidacy in deputies in the given electoral district from the public association that has put forward the candidate;

3) The biographic data of the candidate;

4) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. Registration of the candidate in case of his/her self-nomination is realized on provision of the following documents:

1) Application on intention to run for the candidacy in deputies from the given electoral district;

2) The biographic data of the candidate;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

4. Any number of candidates in deputies of Maslikhats can be proposed for registration.

5. The district election committee constitutes the minutes on registration of candidates in deputies of Maslikhats which in five-day’s term shall be submitted to the corresponding territorial election committee.

6. The district election committee:

1) Not later than on the seventh day after registration of candidates shall publish in local mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residence of each candidate, and also, depending at discretion of the candidate, the data on his/her belonging to the public association and nationality;

2) At registration of candidates issues to them the approved certificates;

3) Refuses in registration or cancels the decision on registration of the candidate in the following cases:

Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration;

Non-eligibility of the candidate to the requirements stipulated by the Constitution and the present Constitutional Law;

Use by the candidate of his/her official or job position for the purposes of the election campaign;

Conducting by the candidate of a pre-election campaign before his/her registration, on the day of elections or the day preceding it;

Establishment by court of the fact of distribution by the candidate and (or) his proxies of the falsehoods discrediting honour and dignity of the other candidate, undermining his/her business reputation;

Establishment by court of the facts of tampering with voters of the candidate and his proxies;

In other cases established by the present Constitutional Law;

3-1) Cancels the decision on registration of the candidate in case of revealing non-authenticity of the data on incomes and the assets declared by the candidate or his/her spouse according to the legislation of the Republic of Kazakhstan on Struggle against Corruption.

The refusal in registration or cancellation of registration can be appealed by candidates in the corresponding court.

Two days prior to the ballot day, it is impermissible to cancel the decision on registration of the candidate or to restore the candidate who was earlier withdrawn from registration.

7. The refusal in registration of the candidate or cancellation of the decision on registration can be appealed in seven-day’s term by the public association or the candidate in the territorial election committee or in court. At that, the territorial election committee or the court shall pass a decision in respect to this petition within seven-day’s term from the date of submission of the petition.

8. Registration of the candidate in deputies of Maslikhats begins two months before and ends twenty five days prior to the day of elections if it is not established otherwise at calling an election.

Article 104 items 2, 3 in edition of the Constitutional Law of the Republic of Kazakhstan from May  8, 1998 № 222; item 6 sub item 3) with the change introduced by the Constitutional Law of the Republic of Kazakhstan from May  6, 1999 № 375; item 2 sub item 1) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 is added with sub item 3-1) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 8 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 105. Withdraw of the candidature, cancellation of the decision on nomination of the candidate in deputies of Maslikhat

1. The candidate in deputies of Maslikhat within the period before registration and after it can take off his/her candidature through submission of a written application about it to the district election committee.

2. The supreme body of the Republican or local public association or the structural division of the public association within the period before registration and after it can cancel its decision on nomination of the candidate in deputies of Maslikhat through submission of a corresponding statement to the district election committee.

3. In these cases, the district election committee does not register the candidate or cancels the decision on registration of the candidate.

4. If withdrawal of the candidature or cancellation of the decision on nomination of the candidate have been effected without any reasonable causal circumstances for it, the district election committee has the right to charge part of the expenses incurred for conducting of the election campaign that were covered from the funds of the Republican budget to the account of the candidate or the public association that has accordingly put forward the candidate.

Article 105 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6 1999г. № 375; items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 106. The size of the election fund of the candidate in deputies of Maslikhat

The election fund of the candidate is formed of:

1) Own funds of the candidate. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than hundred times;

2) The funds allocated to the candidate by the public association which has put him/her forward. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than two hundred times;

3) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages more than three hundred times.

Article 106 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 107. Nomination of candidates in deputies of Maslikhats instead of the retired deputies after termination of the term of registration

1. If in the result of the candidates’ retiring, after termination of the term of registration, less than two candidates in deputies of Maslikhat remain in the corresponding electoral district, the territorial election committee based on the presentation made by the corresponding district election committee based on its decision shall prolong the term of elections, but not for more than two months.

2. In this case nomination of candidates in deputies of Maslikhats is realized according to the rules established by the present Constitutional Law.

Article 107 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 108. Counting of votes at elections of the Maslikhat deputy

1. The local election committee based on the results of voting issues the minutes of voting which is immediately sent to the district election committee.

2. The election returns of the Maslikhat deputy are determined at the meeting of the district election committee on the basis of the minutes of the local election committees. The minutes shall be issued on the election returns of the Maslikhat deputy signed by the chairman and members of the district committee and will be sent  to the corresponding territorial election committee  within not more than two-day’s term from the date of elections.

3. Other issues related to determination of the results of votes’ counting and the election returns shall be solved in compliance with the rules stipulated in the General part of the present Constitutional Law.

Article 108 item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan from May, 6, 1999 № 375.

Article 109. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 110. Repeated elections of Maslikhat deputies

1. If elections have been declared null and void, the territorial election committee makes a decision on conducting of the repeated elections. Voting is conducted in the same polling stations and under the same electoral registers that have been constituted for conducting of the initial elections.

2. Repeated elections are conducted not later than in two months’ term after the initial elections. Election actions the accomplishment of which is stipulated for the repeated elections shall be conducted according to the rules stipulated by the present Constitutional Law. At that, the reduced terms of the election actions are defined by territorial election committee.

3. Local mass media will be informed about conducting of the repeated elections.

4. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 110 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 111. Establishment and publication of the results of elections of Maslikhat deputies

1. The results of elections of Maslikhat deputies are established by the corresponding territorial election committee not later than in five-day’s term from the date of holding the elections.

2. The candidate shall be considered to be elected as the Maslikhat deputy provided the majority of voters who have taken part in the voting voted for him/her in comparison with other candidates.

3. Other issues related to establishment and publication of the results of elections of Maslikhat deputies are solved according to the rules established in the General part of the present Constitutional Law.

Article 111 item 2 sub items 1), 2), item 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 112. Registration of Maslikhat deputies

1. The corresponding territorial election committee on the basis of the minutes of the district election committees registers the elected deputies of Maslikhats.

2. The corresponding territorial election committee upon presentation by the district election committee or based on the appeals of citizens can declare the elections of the deputy of the Maslikhat null and void if during the named elections or at count of voices or determination of the election returns certain infringements of the present Constitutional Law took place, and it can refuse in registration of the deputy of the Maslikhat. At that, the given decision of the territorial election committee can be appealed by the candidates in deputies of Maslikhats in the court within ten days from the date of its adoption by the court which in ten-day’s term shall make a decision.

Article 112 items 1, 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 113. Conducting of extraordinary elections of deputies of Maslikhats and elections of deputies instead of the retired deputies

1. The extraordinary elections of deputies of Maslikhats and elections of deputies instead of the retired ones are conducted according to the rules established by the present Constitutional Law for the regular election of deputies of Maslikhats. At that, the terms of conducting of the election actions are defined by the corresponding territorial election committee.

2. The elections of the deputy instead of the retired deputy shall not be conducted one year prior to the expiration of the constitutional term of office of Maslikhat.

Article 113 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 14. Elections to the bodies of local governments of the Republic of Kazakhstan

Article 114. Calling an election to the bodies of local governments

1. The grounds for calling:

1) Elections - termination of the statutory term of office of the bodies of local governing;

2) Elections of the member of the local government body instead of retired member - the advance cease of authorities of the member, forfeiting of his/her mandate or his/her death.

2. Elections of the local government bodies are called by the territorial election committee not less than two months prior to expiration of authorities of the bodies of local governments and should be conducted not less than one month prior to the expiration of the statutory term of their authorities.

The order of holding the elections is defined by the Central election committee according to the present Constitutional Law.

3. The announcement about the day of elections is published in local mass media.

Article 114 item 2 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 115. The eligibility requirements to members of the local government bodies 

To be elected a member of the body of local governments the citizen should meet the requirements established by the corresponding Law of the Republic of Kazakhstan and also to have the election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Law.

Article 115 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; article 115 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 116. Election districts and election committees at elections of members of local government bodies 

At elections of members of local government bodies:

1) The territories of rural and urban local communities where groups of the population compactly live shall make county constituencies;

2) The function of the district election committee is executed by the corresponding territorial election committee;

3) Organization and holding of elections are realized by the local election committees.

Article 117. Nomination of candidates in members of local government bodies

1. The right of nomination of candidates in members of local government bodies belongs to assemblies of citizens, legally qualified at availability of not less than fifty citizens having the election franchise and compactly living in rural and urban local communities, and also to citizens – through self-nomination.

2. The decision on nomination of candidates in members of local government bodies is accepted by the majority of voices of the citizens present at the assembly. The decision shall be validated through issue of the corresponding minutes.

3. The decision of the assembly of citizens:

1) Is brought to the notice of the proposed candidate;

2) It will be sent to the corresponding territorial election committee with the candidate’s application expressing his/her consent to run for candidacy in deputies.

4. Nomination of candidates in members of local government bodies by the citizens is made through self-nomination by submission to the corresponding territorial election committee of an application on intent to run for the candidacy in members of local government bodies on the territory of the corresponding rural or urban local community.

5. The citizen who does not live on the territory of the given rural or urban local community cannot be put forward as a candidate in members of the local government bodies.

6. The number of the put forward candidates is not limited.

7. Nomination of candidates begins with the day following calling of an election, and ends fourteen days prior to the day of elections.

8. If on the day of termination of the term of registration of candidates less than two candidates in members of the bodies of local government have been registered, the territorial election committee extends the term for nomination of candidates but not for more than twenty days.

9. The territorial election committee within three days shall determine eligibility of the candidate to the requirements of the Constitution and the present Constitutional Law.

Article 117 item 9 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan from April, 14, 2004 № 545; item 8 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 118. Registration of candidates in members of the local government bodies

1. Registration of candidates is implemented by the territorial election committees.

2. Registration of the candidate nominated by the assembly of citizens shall be made on the basis of the following documents:

1) The minutes of the assembly of citizens;

2) Application of the citizen expressing his/her consent to run for the candidacy in members of the local government bodies;

3) The biographic data of the candidate;

4) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

3. Registration of the candidate in case of his/her self-nomination shall be conducted on the basis of the following documents:

1) Application expressing an intention to run for the candidacy in deputies;

2) The biographic data of the candidate;

3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

4. Any number of candidates can be presented for registration.

5. The territorial election committee shall draw up the minutes about registration of candidates.

6. The territorial election committee:

1) Not later than on the fourth day after registration of candidates shall publish in local mass media the announcement on registration with indication of the surname, name, patronymic, the year of birth, post, place of work and residence of each candidate, and also, at discretion of the candidate, data on his/her belonging to the public association and nationality;

2) At registration, it shall issue the approved certificates to the candidates;

3) Refuses in registration or cancels the decision on registration of the candidate in the following cases:

Infringements by the candidate of the rules on nomination, non-submission of the necessary documents for registration;

Non-eligibility of the candidate to the requirements stipulated in the Constitution and the present Constitutional Law;

Use by the candidate of his/her official or job position for the purposes of the election campaign;

Conducting by the candidate of a pre-election campaign before his/her registration, on the day of elections or the day preceding it;

Establishment by court of the fact of distribution by the candidate and (or) his/her proxies of the falsehoods discrediting honor and dignity of the other candidate, undermining his/her business reputation;

Establishment by court of the facts of tampering with voters of the candidate and his/her proxies;

In other cases established by the present Constitutional Law;

3-1) Cancels the decision on registration of the candidate in case of revealing of non-authenticity of the data on incomes and assets declared by the candidate or his/her spouse according to the Law of the Republic of Kazakhstan on Struggle against Corruption.

The refusal in registration or cancellation of registration can be appealed by candidates in the corresponding court.

It is not allowed two days prior to the ballot day to cancel the decision on registration of the candidate or restore in candidacy of the candidate who has earlier been withdrawn from registration.

7. The refusal in registration of the candidate or cancellation of the decision on his/her registration can be appealed within three days by the assembly of citizens or the candidate in the higher territorial election committee  or in court. At that, the territorial election committee or the court shall pass a decision as regards the petition within three days from the date of submission of the petition.

8. Registration of the candidate begins twenty days before and ends thirteen days prior to the day of elections.

Article 118 items 2, 3 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; item 6 sub item 3) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 6 sub item 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 is added with sub item 3-1) the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 8 with the change introduced by the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545.

Article 119. Withdrawing of the candidature, cancellation of the decision on nomination as a candidate in members of the bodies of local government

1. The candidate within the period before registration and after it can withdraw his/her candidature through submission of a written application about it to the corresponding territorial election committee.

2. The assembly of citizens within the period before registration and after it can cancel its decision on nomination of the candidate through submission of a corresponding statement to the territorial election committee.

3. In the given cases, the territorial election committee does not make any registration of the candidate or cancels the decision on registration of the candidate.

Article 119 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 120. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 121. Nomination of candidates in members of the local government bodies instead of the retired members after termination of the term of registration

1. If, on the day of termination of the term of registration of candidates, less than two candidates have been registered in members of the local government bodies, the territorial election committee upon presentation of the corresponding district election committee by its resolution extends the term of elections, but not for more than a month.

2. In the given case, nomination of candidates is exercised according to the rules stipulated by the present Constitutional Law.

Article 121 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 122. Counting of votes at elections of the member of the local government body

1. The local election committee by results of voting issues the minutes of voting which is immediately remitted to the territorial election committee.

2. Other issues related to determination of the results of votes’ counting shall be solved according to the rules established in the General part of the present Constitutional Law.

Article 122 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 123. By-elections of members of the local government bodies 

1. In case the number of the elected members of the local government bodies appeared to be less than the number of mandates of the corresponding body of the local government, the territorial election committee shall call the by-elections of the local government body members in a month's time from the date of conducting of the initial elections

2. By-elections are conducted according to the rules established by the present Constitutional Law for initial elections.

Article 123 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 124. Repeated elections of members of the local government bodies

1. If elections have been declared null and void, the territorial election committee makes a decision on conducting of the repeated elections. Voting is conducted in the same polling stations under the same electoral registers that have been constituted for conducting of the initial elections.

2. Repeated elections are conducted not later than in a month after the initial elections. Election actions that are foreseen for the repeated elections are conducted according to the rules established by the present Constitutional Law.

3. Local mass media is informed about conducting of the repeated elections.

4. It is excluded by the Constitutional Law of the Republic of Kazakhstan from April, 14, 2004 № 545.

Article 124 items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 125. Establishment and publication of the election returns of the local government body members

1. The results of elections are established on the meeting of the territorial election committee on the basis of the minutes of local election committees not later than within three days from the date of holding of the elections. The minutes shall be drawn on the results of the elections signed by the chairman and members of the territorial committee

1-1. The candidates who according to the available mandates have collected the majority of voices of the voters who have taken part in voting in comparison with other candidates shall be considered the elected members to the local government bodies.

2. Other issues of establishment and publication of the election returns are solved according to the rules established in the General part of the present Constitutional Law.

Article 125 is added with item 1-1 the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 126. Registration of members of the local government bodies

1. The corresponding territorial election committee on the basis of the minutes of local election committees in three-day’s term from the date of holding of the elections shall register the elected members of the local government bodies.

2. The corresponding territorial election committee upon presentation of the local election committee or appeals of citizens can declare the elections of members of the local government bodies null and void if during the elections or at count of voices or during determination of the election returns certain infringements of the present Constitutional Law were revealed, and can refuse in registration of members of the local government bodies. At that, the given decision of the territorial election committee can be appealed within five days from the date of its adoption by candidates in court which in ten-day’s term makes its decision.

Article 126 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 127. Holding of an election of members of local government bodies instead of the retired members

1. Elections of members of the local government bodies instead of the retired members are conducted according to the rules established by the present Constitutional Law for regular elections. At that, the terms for conducting of election actions are defined by the corresponding territorial election committee.

2. The elections of the local government body member instead of the retired member are not conducted a year before termination of the term of office of the local government bodies established by the legislation of the Republic of Kazakhstan.

Article 127 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Chapter 15. Conclusive and transitory provisions

Article 128. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 129. The order of the Senate of the Parliament deputies’ election of new convocation at conducting of extraordinary elections

1. The election actions in respect to the Senate deputies’ elections of the new convocation at conducting of extraordinary elections, except for conducting of voting, establishment of the election returns and determination of the term of office of the Senate deputies, shall be conducted according to the present Constitutional Law.

2. Voting on elections of the Senate deputies of the new convocation at the joint session of electors - deputies of Maslikhats of the oblast (the city of the Republican significance, the RK capital) are conducted simultaneously by two mandates of the Senate deputies.

3. The territorial election committee distributes all registered candidates in the ballot in the alphabetic order. To the right of the candidates’ surnames two boxes are placed to mark votes for this or that candidate. One box is fixed for a mark for the candidate elected for six years, the other box - for the candidate to be elected for three years.

4. At voting, the elector puts any mark in two empty boxes to the right of surnames of those candidates for whom he/she votes, accordingly, one mark in a box for election for six years and the other mark in the box for election for three years.

5. Counting of votes and determination of the results of voting are conducted separately under two mandates of the Senate deputies.

6. The candidates who have collected above fifty percent of voices of the total number of electors who have taken part in voting are considered to be elected at elections of the Senate deputies of the new convocation.

7. If the Senate deputies have not been elected in the first voting, voting shall be repeated. The repeated voting is conducted under different ballot-papers, one ballot-paper for voting for the candidate elected for six years and the other for the candidate elected for three years. The ballot includes two candidates who have received a majority of the voters who have taken part in voting. The candidate who has collected the greater poll of the electors in comparison with the other candidate is considered to be elected.

Article 129 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May  6, 1999 № 375; article 129 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 130. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 130 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285; items 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

Article 131. Terms of election of the local government body members

The elections of the bodies of local governments stipulated by the Constitution of the Republic are called accordingly by oblast, urban (the city of the Republican significance and the capital of the Republic) election committees after entry into force of the law defining the status and authorities of the bodies of local government, but not later than two months from the date of entry into force of the named law.

Article 132. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.

Article 133. Entry into force and action of the present Constitutional Law

The present Constitutional Law:

1) Shall come into force since the date of its publication;

2) Shall cover the legal relations which have arisen after entry into force of the present Constitutional Law.

Article 133 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.

President of the Republic of Kazakhstan