Home > 1.1.3.3 Individual submission of candidature > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 89
 

Registration of candidates to the Mazhilis


1. Party lists submitted by political parties and candidates nominated by the Board of the Assembly of the People of Kazakhstan shall be registered by the Central Election Commission.


2. Prior to the registration, a candidate and his/her spouse shall submit to the relevant taxbodies an income and property statement as of the first day of the month when the nomination term established in this Constitutional Act starts, such statement shall be in accordance with procedures and in scope established by the authorized state body of the Republic of Kazakhstan performing tax control over performance of tax liabilities to the state.


Accuracy of data about income and property provided by the candidate nominated by a political party and his/her spouse shall be verified by tax bodies within fifteen days from the day of registration of the party list.


In this case organizations, which have received the requests of the tax bodies to provide data about income and property of the candidate nominated by a political party and his/her spouse, shall provide requested information within four days upon a receipt of such request.


Accuracy of data about income and property provided by the candidate nominated by the Board of the Assembly of the People of Kazakhstan and his/her spouse shall be verified by tax bodies within three days from the day of registration of the candidate.


In this case organizations, which have received the requests of the tax bodies to provide data about income and property of the candidate nominated by the Board of the Assembly of the People  of Kazakhstan and his/her spouse, shall provide requested information within two days upon a receipt of such request.


3. Party lists shall be conducted upon submission of the following documents:


1) a partial record of the supreme body of a political party regarding nomination of the party list together with a copy of the registration certificate of a political party with the Ministry of Justice of the Republic;


2) an application of citizen to be included into the party list;


3) biographic data of each person on the party list;


4) tax authorities’ certificate of receipt of an income and property statement of the candidate and his/her spouse;


5) a receipt confirming that the election contribution was paid by a political party;


6) confirmation of the membership of a person in the party list in the political party, which nominated such list.


4. Only one list of either political party shall be permitted to be registered, with the number of people on such list not to exceed the set number of deputy mandates allocated among political parties by more than thirty percent.


5. Candidates nominated by the Board of the Assembly of the People of Kazakhstan shall be registered subject to availability of the following documents:


1) abstracts from the minutes of the Board of the Assembly regarding nomination of candidates;


2) an individual’s consent to run for the Mazhilis;


3) background of each person nominated by the Assembly of the People of Kazakhstan;


4) tax authorities’ certificate of receipt of an income and property statement of the candidate nominated by the Assembly of the People of Kazakhstan and his/her spouse;


6. The Central Election Commission shall:


1) publish in mass media an announcement of registration specifying the name of the political party and number of persons on the party list as well as the surname, given names, year of birth, job position, residence and work address of each candidate on the party list within seven days of the registration of party lists;


2) publish in mass media an announcement of registration specifying the name of the Assembly of the People of Kazakhstan, number of persons nominated by the Board of the Assembly of the People of Kazakhstan as well as the surname, given names, year of birth, job position, residence and work address of each nominee as well as his/her ethnic background, the latter to be specified at his/her discretion, within three days of the registration of candidates nominated by the Board of the Assembly of the People of Kazakhstan;


3) issue relevant certificates to candidates upon registration;


4) refuse to register or cancel decisions to register the party list in the following cases: breach of rules of nomination of a party list by a political party, failure to submit documents required for registration;


conduct of a pre-election campaign by a political party, which has nominated a party list, by candidates it has nominated, its proxies prior to the registration;


more than fifty percent of the whole party representatives leaving the party list;


if a court finds out that a political party nominating the party list, or its proxies disseminate false information discrediting the honor and dignity of a candidate, another political party, which has nominated the party list, or a person on the party list impairing his/her professional reputation;


if a court finds out that a political party nominating the party list or its proxies bribed voters;


in other cases stipulated by this Constitutional Act.


Cancellation of a decision to register the party list or restoration of a previously deregistered party list shall not be permitted two days prior to the voting day;


5) decide to exclude a person from the list who is listed on the party list in the following cases:


failure of a person listed on the party list to comply with the requirements set by the Constitution of the Republic of Kazakhstan and this Act to a candidate;


if a person listed on the party list avails himself/herself of his/her official position in his/her pre-election campaign;


conduct of a pre-election campaign by a person listed on the party list prior to the registration of the party list;


if a court finds out that a person listed on the party list disseminates false information discrediting the honor and dignity of a candidate, a political party, which has nominated the party list, or a person from the party list damaging their professional reputation;


if income and property data submitted by the person on the party list and his/her spouse shall be found as false, as per the anti-corruption legislation of the Republic of Kazakhstan;


if a court finds out that a person listed on the party list or his/her proxies bribed voters;


in other cases stipulated by this Constitutional Act.


A decision to exclude a person from the party list who shall be listed on the party list can be appealed against by the political party, which has nominated the party list, or by a person removed from the party list to a corresponding final court.


Decisions to exclude a person from the party list shall not be allowed two days prior to the voting day;


6) refuse to register or cancel the decision to register the candidate nominated by the Board of the Assembly of the People of Kazakhstan, in the following cases:


failure of a person listed on the party list to comply with the requirements set by the Constitution of the Republic of Kazakhstan and this Act to a candidate;


if he/she avails himself/herself of his/her official position in his/her pre-election campaign;


breach by the Board of the Assembly of the People of Kazakhstan of rules of nomination of candidates, failure to submit documents required for registration;


conduct of a pre-election campaign by a candidate or his/her proxy prior to the registration;


if a court finds out that a candidate or his/her proxy disseminates false information discrediting the honor and dignity of a candidate, damaging his/her professional reputation;


if income and property data submitted by the candidate and his/her spouse shall be found as false, as per the anti-corruption law of the Republic of Kazakhstan;


if a court finds out that a candidate or his/her proxies bribed voters;


in other cases stipulated by this Constitutional Act.


Cancellation of a decision to register the candidate or restoration of a previously deregistered candidate shall not be permitted two days prior to the voting day.


7. Refusal to register or cancellation of the decision to register the party list may be appealed to the Central Election Commission and/or court within seven days. The Central ElectionCommission or the court shall issue its decision on the complaint within seven days of the date of submission of the complaint.


Refusal to register or cancellation of the decision to register the candidate nominated by the Board of the Assembly of the People of Kazakhstan may be appealed to the Central Election Commission and/or court within two days. The Central Election Commission or the court shall issue its decision on the complaint within one day.


8. Registration of party lists shall begin two months prior and end one month prior to the election unless other deadlines are set at the time of appointment of the election.


Registration of candidates nominated by the Board of the Assembly of the People of Kazakhstan shall start twenty days and shall end fifteen days prior to the election unless other deadlines are set at the time of appointment of the election.