Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: The legal framework for elections includes the Constitution, the Constitutional Law on Elections, and regulations of the Central Election Commission (CEC).
Source: Constitution of the Republic of Kazakhstan amended as of June9, 2021:
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/10/17
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections
Comments: This Constitutional Act shall regulate the relations arising from preparation for and conduct of the elections of the President, deputies of the Senate and the Mazhilis of Parliament, the maslikhats and members of other local self-government bodies of the Republic of Kazakhstan as well as shall establish the guarantees ensuring a free expression of the will of citizens of the Republic. (Constitutional Law on Elections of the RK, Art. 1)
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of November 5, 2022, article 1: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Elections in the Republic shall be based on the free exercise by a citizen of the Republic of the right to elect and be elected.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of November 5, 2022, article 2: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: Courts and public prosecutor bodies shall be obliged to accept applications from the members of the election commissions, citizens, representatives of the public associations registered in the statutory order concerning the issues of conducting the voting, including infringements of election legislation, that have been received during preparation and conduct of elections, and shall consider them within five days, while the applications received less than five days prior to the voting or on Election Day shall be considered immediately.
Decisions and actions of the bodies of the local administration and local government, enterprises and organizations, their officials, which infringes the electoral legislation, shall be appealed in the court.
Courts, public prosecutor bodies and the election commissions shall organize their work during the electoral process, including the weekends and the day of elections, in a way that they can ensure receipt and consideration of appeals within the terms established by this Constitutional Act.
The applications from citizens and organizations about infringement of the electoral legislation shall be considered by the election commissions within five days since the submission of the complaint unless otherwise is not stipulated by this Constitutional Act.
The complaints on decisions and actions (inactivity) taken by the election commission and its members shall be considered by the superior commission within three days from the date of the submission of a complaint, if otherwise is not stipulated by this Constitutional Act.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, article 49: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
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