Registration of candidates to the Senate deputies

1. Registration of the candidates to the Senate deputies shall be conducted, accordingly, by the oblast (regional), urban (the city of the Republican status and the capital of the Republic) election commissions.

2. The candidate to the Senate deputies before registration and after check of his/her conformity to the requirements of the Constitution and this Constitutional Act as well as check of authenticity of signatures collected in his/her support shall be obliged to put a deposit fifteen times exceeding the size of the minimum wages established by the legislation of the Republic on the account of the Central Election Commission as an election contribution. The deposited contribution shall be paid back to the candidate if by the election results the candidate shall be elected as the deputy of the Senate of the Parliament or by the voting results the candidate has collected at least than five percent of the votes of the electors that have taken part in voting as well as in case of death of the candidate. In all other cases the deposited contribution shall not be subject for return and shall be transferred to the republican budget as the state revenue.

Before registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of his/her residence for the first day of the month when the nomination term starts which shall be established in accordance with Constitutional Act and by order and form of the authorized body of the Republic ensuring tax control over fulfillment of tax liabilities before the state.

Accuracy of the information about income and property declared by a candidate and his/her spouse shall be checked by the tax bodies within fifteen days since the day of registration of a candidate.

In this case, the organizations that were asked by the tax bodies to provide information about income and property of a candidate and his/her spouse shall be obliged to provide the requested information within four days since receiving the request.

3. Registration of candidates to the Senate deputies shall begin after receiving of all the necessary documents and shall end twenty days prior to the day of elections if at appointing an election it is not established otherwise.

4. Registration of the candidate to the Senate deputies nominated by the maslikhat (maslikhats) shall be conducted upon submission of the following documents:

1) decision of the oblast, urban or district maslikhat on nomination of the candidate;

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

3) protocols of the oblasts or urban (the city of the Republican status and the capital of the Republic) election commission on the results of check of the electors’ signatures in support of the candidate;

4) the biographic data of the candidate;

4-1) (the sub-clause is excluded by the Constitutional Act of RK of 14 April 2004 No 545-II);

4-2) a reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property.

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

5. Registration of the candidate to the Senate deputies in case of his/her self-nomination shall be conducted upon submission of the following documents:

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

2) protocols of the oblast (city of the republican status and the capital of the republic) election commission on the results of check of electors’ signatures in support of the candidate;

3) the biographic data on the candidate;

3-1) (the sub-clause is excluded by the Constitutional Act of RK of 14 April 2004 No.545-II);

3-2) a reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property.

4) the document confirming the transfer by the candidate of an election contribution.

6. Oblasts or urban (the city of the Republican status and the capital of the Republic) election commission:

1) at the registration of candidates to the Senate deputies, the commission shall issue a corresponding certificate to the candidate;

2) within the seventh day after registration of candidates to the Senate deputies, shall be published in mass media the announcement on registration with indication of the surname, given names, year of birth, job position, work and home address of each candidate as well as at the discretion of the candidate, the data on his/her membership in a public association and ethnic origin;

3) shall refuse in registration of a candidate or shall cancel the decision on his/her registration in case of:

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

incompatibility of a candidate to the requirements stipulated by the Constitution and this Constitutional Act;

use by a candidate of his/her official or professions status for the purposes of the electoral campaign;

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

establishment by a court of the fact of distribution by a candidate and (or) his/her proxies of the false information discrediting the honor and dignity of a candidate, damaging his/her professional reputation;

establishment by a court of the facts of bribing the voters by a candidate and his/her proxies;

in other cases established by this Constitutional Act;

3-1) shall cancel the decision on registration of the candidate to case of revealing at the moment of submission of a declaration the fact of unauthenticated data on income and property declared by the candidate or his/her spouse according to the legislation of the Republic of Kazakhstan on anti- corruption.

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

Cancellation two days prior to Election Day of the decision on registration of the candidate or restoration of the candidate who has been withdrawn from registration shall be inadmissible.

7. The refusal in registration of the candidate or cancellation of the decision on registration can be appealed within seven days in the Central Election Commission or in the court by the maslikhat (maslikhats) that nominated him/her or personally by the candidate. In this case the appeal shall be considered within seven days from the date of its submission.

8. The corresponding territorial election commission shall compile the protocol on registration of candidates to the Senate deputies which within three days shall be submitted to the Central Election Commission.