Registration of candidates to maslikhat deputies

1. Registration of candidates to maslikhat deputies shall be conducted by district election commissions.

Prior to his/her registration and following the check of his/her compliance with the requirements set by the Constitution and this Constitutional Act, a candidate to the deputy of the maslikhat shall deposit with the account of the local executive bodies an election contribution equal to 5 minimum wages as stipulated by law. The paid contribution shall be refunded to the candidate if the candidate is elected as a deputy of the maslikhat or the candidate received votes of at least five percent of voters and in case of the candidate’s death. In all other cases, the deposited contribution shall not be refunded and shall proceed to the republican budget.

1-1. Before registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by his/her home address for the first day of the month when the nomination term starts which is established in the order and form fixed by the authorized body of the Republic ensuring tax control over fulfillment of tax liabilities before the state.

The authenticity of 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.

2. Registration of the candidate nominated by a public association shall be 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 to 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 to deputies in the given electoral district from the public association that has nominate the candidate;

3) The biographic data of the candidate;

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

5) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property;

6) Document confirming the deposit of an election contribution by the candidate.

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

1) Application on intention to run for the candidacy to deputies from the given electoral district;

2) The biographic data of the candidate;

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

4) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property;

5) Document, confirming the deposit of an election contribution by the candidate.

4. Any number of candidates to maslikhat deputies can be proposed for registration.

5. The district election commission shall draw up the protocol on registration of candidates to maslikhat deputies which within five days shall be submitted to the corresponding territorial election commission.

6. The district election commission:

1) within the seventh day after registration of candidates shall publish in local 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 on the basis of the candidate’s consent the data on his/her membership in a public association and ethnic origin;

2) shall issue the approved certificates to registered candidates;

3) shall refuse in registration or cancel the decision on registration of the candidate in the following cases:

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

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

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

conduct by a 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 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 stipulated by this Constitutional Act;

3-1) shall cancel the decision on registration of the candidate to case of revealing at the moment of a declaration submission a fact of non-authenticity of data on income and property 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 to the corresponding court.

Two days prior to Election Day, it shall be inadmissible 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 by a public association or a candidate to the territorial election commission or in court within seven days. In this case the territorial election commission or the court shall take a decision in respect to this appeal within seven days from the date of submission of the appeal.

8. Registration of a candidate to maslikhat deputies shall begin two months and end twenty five days before the day of election if otherwise shall not be established at appointment of election.