Home > 2.9 Electoral offences and sanctions > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 27
 

Pre-election campaign


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


The foreigners, stateless persons, foreign legal entities and international organizations shall be prohibited to conduct the activities, which may hinder and (or) facilitate nomination and election of candidates, political parties nominated their party lists, and achievement of certain results at elections.


2. The pre-election campaign shall begin since the moment of closure of the candidates’registration and shall end at midnight by the local time on the day before election. In case of conduct of the rerun of a vote the pre-election campaign shall begin from the day of assignment of a day for the rerun of a vote and shall end at midnight by the local time of the day before election.


3. The pre-election campaign shall be conducted:


1) through mass media;


2) by holding of public pre-election campaign (pre-election meetings and meetings with voters (electors), public debates and discussions, meetings, processions, demonstrations and other activities in the order established by the legislation and not forbidden by this Constitutional Act), personal meetings of candidates and their proxies with voters (electors);


3) through issue and (or) distribution of printed, audiovisual and other campaign materials.


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


1) state bodies, local self-government bodies as well as their officials, while on duty;


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


3) members of election commissions;


4) religious associations.


5. Taking advantages of the official status by the candidates, who are officials of the state bodies, shall be forbidden.


Under the use of advantages of the positional or official status, this Constitutional Act shall consider the following:


1) involvement of persons, who are subordinated or dependent on candidate, to the conduct of a pre-election campaign, except the cases when the above-mentioned persons conduct campaigning as proxies of a candidate;


2) using the premises occupied by the state bodies to promote the election of a candidate or a political party that nominated a party list, if other candidates, political parties are not guaranteed by the use of these premises on the same conditions.


Compliance with the restrictions stipulated by this clause must not create obstacles for implementation by the officials of their duties.


6. Journalists, officials of the editorial staff of mass media, registered as candidates or their proxies, shall not be entitled to take part in the election coverage by mass media.


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


Mass media shall be obliged to disseminate information about events on the nomination of all candidates and party lists, registration by election commissions in equal volumes of the printed page, time for broadcasting.


8. The officials of mass media shall not bear responsibility for the statements of candidates and political parties during electoral campaigns, except for cases of publication of materials indicated in clause 1 of Article 29 of this Constitutional Act.


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


Since the moment of announcement (appointment) of elections the candidates, political parties, which nominated their party lists, any physical persons and legal entities acting on behalf of them or in their support shall be forbidden to carry out charitable actions except the conduct of entertainment and sports events.


Infringement by a candidate or a political party nominated a party list and their proxies of the rules established by this clause shall entail cancellation of the decision on registration of the candidate and the party list.


10. 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 shall be forbidden.