Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: 1. In the Republic of Kazakhstan the system of constituencies shall be formed and used at elections of maslikhat deputies, members of other local self-government bodies.
2. Excluded by the Constitutional Act of the RK of 29.06.2018 No. 162-VI (enters into force upon expiry of ten calendar days after the day of its first official publication).
3. At elections of the President of the Republic and the Mazhilis deputies to be elected on the basis of the party lists under the proportional representation system the whole territory of the Republic of Kazakhstan shall be considered as a single national constituency.
4. At elections of deputies of maslikhats in the territory of the corresponding administrative-territorial unit the territorial constituency is formed.
5. At election of members of the local self-government bodies the multimember constituencies shall be formed, which shall cover the territories of urban and rural communities.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of May 25, 2020, article 21.
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/09/10
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: 1. In the Republic of Kazakhstan the system of constituencies shall be formed and used at elections of maslikhat deputies, members of other local self-government bodies.
2. Excluded by the Constitutional Act of the RK of 29.06.2018 No. 162-VI (enters into force upon expiry of ten calendar days after the day of its first official publication).
3. At elections of the President of the Republic and the Mazhilis deputies to be elected on the basis of the party lists under the proportional representation system the whole territory of the Republic of Kazakhstan shall be considered as a single national constituency.
4. At elections of deputies of maslikhats in the territory of the corresponding administrative-territorial unit the territorial constituency is formed.
5. At election of members of the local self-government bodies the multimember constituencies shall be formed, which shall cover the territories of urban and rural communities.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of May 25, 2020, article 21.
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/09/10
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: 1. Constituencies shall be formed by territorial election commissions.
2. The list of electoral districts, indicating their boundaries and the locations of territorial election commissions, shall be published in the relevant media by the relevant election commissions no later than ten days after the appointment or announcement of elections.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of May 25, 2020, article 22.
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/09/10
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: 1. The President of the Republic of Kazakhstan shall be elected in accordance with the constitutional law by adult citizens of the Republic on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.
5. A candidate who receives more than fifty percent of the votes cast by voters who have taken part in the voting shall be considered elected. In the event that none of the candidates receives the specified number of votes, a second vote shall be taken, in which two candidates who receive the largest number of votes participate. A candidate is considered to be elected if he receives a greater number of votes of the voters who took part in the voting.
Source: Constitution of the Republic of Kazakhstan of 1995, amended March 10, 2017 art. 41.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/12
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister of the Republic of Kazakhstan is the Head of Government.
The President of the Republic of Kazakhstan shall after consultation with the factions of political parties represented in the Mazhilis of the Parliament, recommend the candidacy of the Prime Minister of the Republic to the Mazhilis for approval. with the approval of the Mazhilis of the Parliament, appoint the Prime Minister of the Republic; dismiss the Prime Minister of the Republic; on the recommendation of the Prime Minister, determine the structure of the Government
Source: Constitution of the Republic of Kazakhstan of 1995, amended March 10, 2017 art. 44.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/12
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of the Republic of Kazakhstan shall be the head of the state, holder of the highest office determining the main guidelines of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.
Source: Constitution of the Republic of Kazakhstan of 1995, amended March 10, 2017 art. 40-48.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/12
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The Parliament shall consist of two Chambers: the Senate and the Mazhilis, which act on a permanent basis.
Source: Constitution of the Republic of Kazakhstan of 1995, amended March 10, 2017 art. 50.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/12
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Election of the ninety-eight deputies of the Mazhilis shall be carried out by the universal, equal and direct suffrage by secret ballot. Nine deputies of the Mazhilis shall be elected by the Assembly of the People of Kazakhstan. Regular elections of the deputies of the Mazhilis shall be held no later than two months before the expiry of the term of powers of the current Parliament convocation. (Art. 51, Constitution of the Republic) 3. At elections of the President of the Republic and the Mazhilis deputies to be elected on the basis of the party lists under the proportional representation system the whole territory of the Republic of Kazakhstan shall be considered as a single national constituency. (Art. 21, Constitutional Law on Elections) 9. The following system for vote count shall be applied at the elections of the President, deputies of the Senate as well as deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan: 1) the sub-clause is excluded by the Constitutional Act of RK of 06.11.1998 No. 285-I; 2) a candidate shall be considered as elected who has: - collected more than fifty percent of votes of voters (electors) taken part in the voting; - collected more votes of voters (electors) taken part in the re-run of a vote in comparison with the other candidate. 1-1. Deputies of the Mazhilis of Parliament from the political parties shall be elected by party lists in the single nationwide constituency. 2. Deputies of maslikhats are elected on party lists submitted by political parties, on the territorial constituency. (Constitutional Law on Elections, 2018, Art. 9)
Source: Constitution of the Republic of Kazakhstan of 1995, amended March 10, 2017 art. 50.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/30
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
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: The Central Election Commission shall organize preparation for and conduct of elections of the President and deputies of the Mazhilis of Parliament; administer organization and conduct of elections of deputies of the Senate of Parliament.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, article 12: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: 5. Expenses on the maintenance of the Central Election Commission and its personnel shall be covered from the republican budget. (Art. 11).
1. Elections of the President, deputies of the Parliament, maslikhats, members of other local self-government bodies of the Republic of Kazakhstan shall be funded from the republican budget through the accounts of local executive bodies opened specifically for these purposes. The territorial election commissions shall control the funds that are transferred to the above named accounts from the republican budget. The order of financing shall be established by the budgetary legislation. (Art. 33).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on of June 29, 2018, art. 11, 33: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: 1. Control over spending by candidates of the funds allocated from the republican budget for the election campaigns shall be exercised according to legislation of the Republic of Kazakhstan.
2. Control over spending of the funds from the election funds shall be exercised by the corresponding election commissions and banking institutions.
3. By suggestions of the corresponding election commissions, the experts of the state bodies within their competency can be involved in the conduct the aforementioned control.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 36: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The term of office of election commissions is five years. (Constitutional Law on Elections, Art. 10-3)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 10: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: 1. Election commissions shall be the state election bodies organizing preparation for and conduct of elections in the Republic.
2. A unified system of election commissions shall be comprised of:
1) Central Election Commission of the Republic;
2) territorial election commissions;
3) the sub-clause is excluded by the Constitutional Act of RK of 29.06.2018 No. 162-VI (enters into force upon expiry of ten calendar days after the day of its first official publication);
4) precinct election commissions.
Territorial election commissions are formed by the Central Election Commission, and precinct election commissions - by the relevant territorial election commissions.
The compound of the election commissions, with the exception of the Central Election Commission, is formed by relevant maslikhats.
Add. Note: Members of the National Election Commission get appointed by the President (2 members + 1 Chairperson), the Senate (2 members) and the Mazhilis (2 members).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 10: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Central Election Commission shall consist of the chairperson and six members.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 11: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments: The President of the Republic of Kazakhstan shall appoint the Chairperson and two members of the Central Election Commission,(art. 44).
Each of the Parliament Chambers shall independently, without participation from the other Chamber appoint two members of the Constitutional Council; and appoint two members of the Central Election Commission for a five-year term;(art. 57).
The Chairpersons of Parliament's Chambers shall nominate the members of the Constitutional Council, the Central Election Commission, and the Accounts Committee for Control over Implementation of the Republican Budget; (art. 58).
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 44, 57, 58: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/18
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State e . Legislature
Comments: The President of the Republic of Kazakhstan shall appoint the Chairperson and two members of the Central Election Commission,(art. 44).
Each of the Parliament Chambers shall independently, without participation from the other Chamber appoint two members of the Constitutional Council; and appoint two members of the Central Election Commission for a five-year term;(art. 57).
The Chairpersons of Parliament's Chambers shall nominate the members of the Constitutional Council, the Central Election Commission, and the Accounts Committee for Control over Implementation of the Republican Budget; (art. 58).
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 44, 57, 58: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/18
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies i . Media
Comments: The Central Election Commission shall:
5) organize clarification of election legislation; organize and conduct training for participants in the electoral process; hold seminars with representatives of political parties and other participants in the electoral process on the organization and conduct of elections;
9) inform voters about the electoral campaign at elections of the President and deputies to the Parliament, periodically issue information bulletins;
16-1) post regulatory legal acts on electoral legislation, information on the
appointment and conduct of elections, as well as on the results of the vote count in the
past elections on the official Central Election Commission’s website;
16-4) through mass media organize training the population on the use of the electronic electoral system at elections;
(Art. 12).
The corresponding territorial election commission shall:
11-1) organize clarification of election legislation; organize and conduct training for participants in the electoral process; hold seminars with representatives of political parties and other participants in the electoral process on the organization and conduct of elections;
(Art. 14).
Precinct election commission shall:
1) conduct electoral campaign in the electoral precinct at elections of the President, deputies of the Mazhilis of Parliament, maslikhats and members of other local self-government bodies;
2) notify voters about the location of the precinct election commission;
3) define more exactly the register of voters of the corresponding electoral precinct;
4) familiarize the citizens with voter registers, consider applications about errors and discrepancies in the registers and solve the issues of entering in them the appropriate changes;
5) notify the voters about the day, time and place of voting;
9-1) organize an explanation of the legislation on elections; organize and conduct training for participants in the electoral process; hold seminars with representatives of political parties and other participants in the electoral process on the organization and conduct of elections;
(Art. 18).
2. Precinct election commission shall notify voters via mass media and in other ways about the time and place of voting not later than ten days before the day of election; and not later than five days before the day of election of members of local self-government bodies other than maslikhats.
(Art. 38).
Source: Constitutional Act on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 12, 14, 18, 38: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified: 2024/10/18
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments: The Central Election Commission shall:
5) organize clarification of election legislation; organize and conduct training for participants in the electoral process; hold seminars with representatives of political parties and other participants in the electoral process on the organization and conduct of elections;
16-4) Through mass media organize training the population on the use of the electronic electoral system at elections;
(Art. 12).
The CEC implemented a nationwide cascade training programme for the lower-level election commissions as well as for political parties, media and civil society organizations. The CEC provided extensive and meaningful voter information in Kazakh and Russian through its website, YouTube and Telegram channels, billboards and broadcast media, informing voters on the date
of the elections and several aspects of the electoral process.(OSCE/ODIHR).
Source: Constitutional Act on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 12: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
OSCE/ODIHR: International Election Observation Mission,Republic of Kazakhstan – Early Parliamentary Election, 19 March 2023: Final Report: https://www.osce.org/files/f/documents/6/9/548599.pdf
Verified: 2024/10/18
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Universal active suffrage shall be the right of citizens of the Republic to take part in the voting at elections upon reaching the age of eighteen years irrespectively of his/her birth, origin, social, official and property status, sex, race, ethnicity, language, relation to religion, belief, place of residence or any other circumstances.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 4: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: 1. Universal active suffrage shall be the right of citizens of the Republic to take part in the voting at elections upon reaching the age of eighteen years irrespectively of his/her birth, origin, social, official and property status, sex, race, ethnicity, language, relation to religion, belief, place of residence or any other circumstances.
3. The citizens, who have been recognized by a court as legally incapable, including those who kept in places of confinement under the court’s sentence, shall not take part in elections.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 4: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: The list of voters at the place of residence is compiled by the relevant local executive body on the basis of the state database on individuals.
Every voter has the right to register as a voter in the relevant local executive body from the moment of announcement or appointment of elections. (Constitutional Law on Elections of the RK, Art. 24)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 24: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: Every voter has the right to register as a voter in the relevant local executive body from the moment of announcement or appointment of elections.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 24: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: 1. At their own expense, political parties nominating party lists shall transfer to the account of the Central Election Commission an election contribution equal to fifteen times of the minimum wage set by the legislation of the Republic of Kazakhstan for each person on the party list.
2. No election contribution shall be payable by political parties, which have received votes of seven and more percent of all voters at the previous election of the Mazhilis deputies.
3. A political party, which received votes of five to seven percent of all voters at the previous election of the Mazhilis deputies, shall pay an election contribution equal to fifty percent of the amount of the election contribution set in clause 1 of this Constitutional Act.
A political party, thatol received votes three to five percent of all voters at the previous election of the Mazhilis deputies, shall pay an election contribution equal to seventy percent of the amount of the election contribution set in clause 1 of this Constitutional Act.
4. The paid contribution shall be refunded to a political party if it receives votes of at least seven percent of all voters, and in case of death of the only candidate on the party list. In all other cases the contribution paid shall not be refunded and shall proceed to the republican budget.
(Art. 88).
3. Party lists shall be conducted upon submission of the following documents:
1) an extract from the minutes 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 the citizen with a consent to be included into the party list;
3) biographic data of each person on the party list;
4) certificate of tax body on receipt of an income and property declaration of the candidate and his/her spouse;
5) a document, confirming that the election contribution has been paid by a political party;
6) a document, confirming the membership of a person, included in the party list, in the political party, which has nominated such list.
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) extract from the minutes of the Board of the Assembly regarding the nomination of candidates;
2) an application of the citizen with consent to stand for election as a candidate to deputy;
3) biographic data about each person nominated by the Assembly of the People of Kazakhstan;
4) certificate of tax body on receipt of an income and property declaration of the candidate nominated by the Assembly of the People of Kazakhstan and his/her spouse;
(Art. 89).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 88, 89: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/20
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence
Comments: 4. A deputy of Parliament may be a person who is a citizen of the Republic of Kazakhstan and who has been a permanent resident for the last ten years on its territory. A deputy of the Mazhilis may be a person who has reached twenty-five years of age.
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 51: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/21
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2) e . In both presidential and legislative elections
Comments: 1. The right to nominate candidates for the Presidency belongs to republican public associations registered in the prescribed manner.
3. Candidates to President shall be nominated by the republican public associations on behalf of their supreme bodies. A public association shall be eligible to nominate the candidates who are not members of the given public association.
(Constitutional Law on Elections, Art. 55).
2. Nomination of candidates to the Senate deputies shall be conducted:
1) at the sessions of the oblast (the cities of the Republican status and the capital), city and district maslikhats. The political parties, other public associations through their representatives in maslikhats shall nominate candidatures to Senate deputies of the Parliament of the Republic of Kazakhstan. In this case several maslikhats shall nominate one candidate;
2) by self-nomination.
5. Self-nomination of candidates to the Senate deputies shall be carried out by the citizens through submission to the corresponding territorial election commission of an application expressing an intention of the candidate to stand for elections of the Senate deputies from the given administrative-territorial unit.
(Constitutional Law on Elections, Art. 71).
1. The right to nominate candidates to the Mazhilis deputies on the basis of the party lists shall belong to political parties registered in accordance with the set procedures, while the right to nominate candidates to the Mazhilis deputies to be elected by the Assembly of the People of Kazakhstan shall belong to the Board of Assembly.
(Constitutional Law on Elections, Art. 87,1). -> Only the Mazhilis deputies that are elected by the Assembly of the People can be independent.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 55, 71, 87: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: 1. At the end of last elections budget funds shall be annually allocated to a political parties, represented in the Mazhilis of Parliament of the Republic of Kazakhstan.
2. A size of budget funds allocated to the financing of activity of a political parties, shall be determined in the Law on the republican budget.
3. The procedure of financing political parties shall be determined by the Central election commission of the Republic of Kazakhstan.
4. The control for expenditure of budget funds shall be carried out in the procedure established by the budget legislation of the Republic of Kazakhstan.
(Art. 18-1, The Law on Political Parties of the Republic of Kazakhstan).
3. The state guarantees candidates equal allocation of funds for their programs in the media. The procedure and the amount of funds allocated to the candidates for media appearances are determined by the Central Election Commission.
(Art. 28. The Constitutional Law on Elections of the Republic of Kazakhstan).
Budget funds are annually allocated to political parties represented in the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections. The size of the budget allocated for the financing of the activity of political parties is determined by the law on the republican budget. The procedure for financing political parties is determined by the Central Election Commission of the Republic of Kazakhstan.
The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
Mass media shall provide time for broadcasting and the printed space to the registered candidates and political parties that have nominated their party lists on a contractual basis.
For publication of posters, leaflets, slogans and other printed campaign materials the corresponding election commissions shall allocate to the candidates an equal sum of money, except for the candidates who stand for elections under party lists.
Source: The Law on Political Parties of the Republic of Kazakhstan, as amended in May 2021, art. 18-1
http://adilet.zan.kz/eng/archive/docs/Z020000344_/07.11.2014
The Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 28: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election e . Other
Comments: Art. 18-1.
1. Budget funds are annually allocated to political parties represented in the Mazhilis of the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections.
2. A size of budget funds allocated to the financing of activity of a political parties, shall be determined in the Law on the republican budget.
3. The procedure of financing political parties shall be determined by the Central election commission of the Republic of Kazakhstan.
4. The control for expenditure of budget funds shall be carried out in the procedure established by the budget legislation of the Republic of Kazakhstan.
Source: The Law on Political Parties of the Republic of Kazakhstan, as amended on May 2021, art. 18-1: http://adilet.zan.kz/eng/docs/Z020000344_
Verified: 2024/10/23
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: 1. Pre-election campaigns of candidates at elections of the President and deputies of the Parliament as well as deputies of maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Act.
3. The election funds shall be formed from the following sources:
1) personal means of candidates, funds of political parties;
2) means allocated to the candidate by the republican public association that has nominated the candidate;
3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.
(Art. 34, The Constitutional Law on Elections of the Republic of Kazakhstan).
1. Means of a political party shall be formed from:
1) entrance and membership fees;
2) charitable gifts of citizens and non – state organizations of the Republic of Kazakhstan, carried out in the procedure, established by the central executive body, provided the tax control over the fulfillment of tax obligations before the state, upon condition that these charitable gifts shall be documented and appointed its sources;
3) entrepreneurial incomes;
4) treasure funds;
(Art 18. The Law on Political Parties of the Republic of Kazakhstan).
Source: The Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 34: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
The Law on Political Parties of the Republic of Kazakhstan, as amended in May 2021, art. 18.
http://adilet.zan.kz/eng/archive/docs/Z020000344_/07.11.2014
Verified: 2024/10/23
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Vote count during the elections of the President, members of the Mazhilis of the Parliament and maslikhats, akim, members of other local self-government bodies at all polling stations shall begin at 20:00 local time, if the voting time is not changed
in this precinct in accordance with the procedure established by this Constitutional Act.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 43: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/22
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: 7-1. A precinct election commission (territorial election commission during elections of deputies of the Senate and deputies of the Mazhilis of Parliament elected by the Assembly of the People of Kazakhstan), at the request of a trustee in written form, recounts the votes only once in the period established by paragraphs 1 and 2 of this article.
9. In case of revealing by the corresponding superior election commission of mistakes, non-conformities in the protocols of precinct election commissions (of territorial election commissions - at elections of deputies of the Senate and deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan) as well as doubts of the correctness of the vote count, the given commission shall be eligible to take a decision to recount the votes by the corresponding precinct (territorial) election commission. The vote recount shall be conducted in presence of a member of the superior election commission as well as the applicants, who have presented the facts of the wrong vote count.
The vote recount shall be conducted on the basis of the decision of the election commission and shall be carried out before an official publication of the election results.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 43: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/22
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: 2.The candidates and political parties which have nominated their party lists shall be guaranteed equal access conditions to mass media to conduct their pre-election campaigns.
3.The state guarantees candidates equal allocation of funds for their programs in the media. The procedure and the amount of funds allocated to the candidates for media appearances are determined by the Central Election Commission.
Presidential candidates, political parties that have put forward party lists of candidates for deputies of the Mazhilis have the right to participate in pre-election debates on television organized by the Central Election Commission.
Political parties that have put forward party lists of candidates for maslikhats may participate in pre-election debates on television, which are entitled to organize the relevant territorial election commissions.
The procedure and conditions for holding pre-election debates determined by the Central Election Commission should be equal and should not create advantages for any candidate or political party.
The mass media on a contractual basis provide airtime, print space to registered candidates and political parties that have nominated party lists. The terms of the agreement on the provision of airtime and printed space in the media to candidates and political parties that have put forward party lists should not create advantages for a candidate or a political party.
In the pre-election promotion the circulation of a periodical publication associated with election campaigning candidates, political parties nominating party lists must be the same for all candidates, political parties nominating party lists.
6.The local executive bodies jointly with the corresponding election commissions shall determine places for posting printed campaign materials for all candidates and shall equip them with stands, boards and advertising columns. The printed campaign materials shall be displayed in conditions that ensure equal rights for all candidates.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 28: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments: Candidates for President, political parties that have nominated party lists of candidates for the Mazhilis members to the Parliament shall have the right to participate in pre-election debates organized by the Central Election Commission.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 28: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
c . 4-5 days
Comments: 9. Publication of the results of public opinion polls, forecasts of election results, other election-related studies, voting in support of candidates or political parties on the Internet is not allowed within five days before the Election Day and on the Election Day.
It is prohibited to conduct a poll on the Election Day in a polling station or point for voting.
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 28: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: The law doesn't specify a maximum amount that a party can spend on paid advertising. However, the law stipulates that:
Art 34
5. The maximum size of the financial resources which can be transferred to the election funds from the aforementioned sources shall be determined in the Special part of this Constitutional Act. The financial resources received above the established limit shall not be transferred to the election funds and shall be refunded to the citizens and organizations that have donated the money. In this case the expenses associated with refund of the indicated money shall be covered at the expense of citizens and organizations that have contributed in these funds. Anonymous donations shall be transferred to the republican budget as the state revenue.
(Art. 34).
2. The election fund of the political party shall be formed of:
1) the political party’s own funds. The total sum should not exceed the size of the minimum wage established by the legislation for more than five thousand times;
2) donations of citizens and organizations of the Republic. The total sum must not exceed the size of the minimum wage established by the legislation for more than ten thousand times.
(Art. 92-1).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 34, 92-1: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The people shall exercise power directly through national referendum and free elections, as well as delegate the execution of their ability to state institutions.
The Parliament can initiate the republican referendum.
Source: Constitution of the Republic of Kazakhstan: amended on June 9th, 2021. Article 3, 54.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/10/24
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments: Referendums are optional.
Amendments and additions to the Constitution of the Republic of Kazakhstan may be introduced by a republican referendum, which shall be held by the decision of the President of the Republic, on his or her own initiative or on the proposal of the Parliament or the Government.
Source: Constitution of the Republic of Kazakhstan: amended on June 9th, 2021. Article 91.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/10/24
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Amendments and additions to the Constitution of the Republic of Kazakhstan may be introduced by a republican referendum, held by decision of the President of the Republic, adopted by him on his own initiative or on the proposal of Parliament or the Government.
Source: Constitution of the Republic of Kazakhstan: amended on June 9th, 2021. Article 91.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/10/24
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: No less than two hundred thousand citizens of the Republic who have the right to participate in a republican referendum, in quantitative terms equally representing all regions, the capital of the Republic and cities of republican significance can initiate the republican referendum.
Source: Constitutional Law of the Republic of Kazakhstan on the Republican Referendum (dated May 1999), Article 11:
https://www.election.gov.kz/eng/election-legal-framework/on-the-republican-referendum.php
Verified: 2024/10/24
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: e decision to hold a referendum and the issue(s) submitted to it shall be brought to the attention of citizens by the mass media.
3. A referendum commission shall inform citizens about their work on the conduct of the referendum, formation of polling stations for voting, composition, location, working hours of the commissions and lists of citizens eligible to take part in the referendum.
4. Representatives of public associations of the Republic, observers of foreign states and international organisations, whose powers are certified according to the order established by the Central Referendum Commission, shall be eligible to be present in the conduct of a referendum. Interference of representatives and observers in the work of commissions shall not be allowed.
5. The mass media shall cover the course of preparation and conduct of a referendum, their representatives, accredited to referendum commissions, shall be guaranteed access to events related to the conduct of a referendum.
Source: Constitutional Law of the Republic of Kazakhstan on the Republican Referendum (dated May 1999), Article 6:
https://www.election.gov.kz/eng/election-legal-framework/on-the-republican-referendum.php
Verified: 2024/10/24
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2024/10/24
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: Adopted at the referendum Constitution, constitutional acts, laws, additions and changes to them, decisions on other questions, put to the referendum, shall entry into force from the date of publication of the official statement on the referendum results in the case if the Constitution, constitutional act, law, additions and changes to them, the decision adopted at referendum shall not set another date.
1. Decision taken at referendum shall have a binding force throughout the territory of the Republic of Kazakhstan and shall not need any confirmation by the acts of the President and bodies of state power of theRepublic.
2. Inconsistency between the decision adopted by the referendum and the Constitution, constitutional acts, laws and other normative acts of the Republic shall removed by bringing the Constitution, constitutional acts, laws and other normative acts in compliance with the decision, adopted by the referendum.
Source: Constitutional Law of the Republic of Kazakhstan on the Republican Referendum (dated May 1999), Article 34, 35:
https://www.election.gov.kz/eng/election-legal-framework/on-the-republican-referendum.php
Verified: 2024/10/24
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: The subject of referendum shall be:
1) adoption of the Constitution, constitutional acts, laws of the Republic, introduction to them of any changes and additions;
2) solution of other most important issues of the public life of the Republic.
Source: Constitutional Law of the Republic of Kazakhstan on the Republican Referendum (dated May 1999), Article 2:
https://www.election.gov.kz/eng/election-legal-framework/on-the-republican-referendum.php
Verified: 2024/10/24
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments: The Constitution of the Republic of Kazakhstan stipulates for national referenda as a form of direct democracy.
Source: Constitution of the Republic of Kazakhstan: amended on June 9th, 2021. Article 3:
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/10/24
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections c . At any polling station in the same country d . At specially designated polling stations e . At mobile polling stations j . Other
Comments: 5. If the voter becomes aware not later than thirty days before the election that he / she will not be able to arrive at the polling station at the place of his / her registration on the Election Day, he / she has the right to apply to the local executive body at the place of his / her stay with a written application for inclusion in the relevant voter list.
At the address of the citizen according to this point the local executive body will organize the exception of the citizen from the list of voters in the place of registration and its inclusion in the list of voters of that site on which the citizen will vote.
6. Students in secondary special and higher educational institutions, as well as in vocational training programs of postgraduate full - time education, living in hostels, are included in the list of voters at the location of the hostel.
7. The registers of voters, who are military servicemen in the military units as well as members of their families and other voters living in the locations of military units, shall be compiled on the basis of the data submitted by commanders of the military units.
8. The voter registers by polling stations to be formed in the rest houses, health resorts, medico-prophylactic institutions, in the places of the citizens’ stay in the remote and hard-to-reach areas, in the distant pastures, in the investigative wards and detention centers as well as in the representative offices and agencies of the Republic of Kazakhstan in foreign states, on board of ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation shall be compiled on the basis of the data submitted by the chiefs of the named establishments, corresponding akims, chiefs of the named representative offices and agencies and captains of ships.
The voter registers by polling stations to be formed in the places for temporary stay (rest homes, health resorts, medico-prophylactic institutions, in the outruns, in investigative wards and detention centers, including the representative offices of the Republic of Kazakhstan а abroad, on board the ships belonging to the Republic that are in navigation on the Election Day) shall be subject to mandatory adjustment on the day preceding the Election Day.
(Art. 24).
6. If some voters cannot come to the polling station due to their state of health, by the reasons of nursing after an ill member of their family, including the voters living in the remote and hard-to-reach areas where no polling stations have been formed, the precinct election commission shall organize voting in the place of stay of such voter on the basis of their written applications to be submitted not later than at 12:00 am of the local time on the Election Day.
Upon a receipt of the application mentioned in this clause, the chairperson of the election commission shall make a corresponding mark in the voter register against the surname of the voter who has submitted an application.
During organization of voting outside the premise of polling station two members of the election commission shall accompany the portable ballot-box.
6-1. When a voter changes the place of his/her stay within the period between submission of the voter register for public formalization and the day of election, the precinct election commission shall issue for this voter an absentee vote certificate that shall confirm his/her right to vote on the basis of the voter’s request and upon submission of a document identifying the voter. In this case an appropriate mark shall be made in the voter register. When a voter submits his/her absentee vote certificate on the Election Day, the precinct election commission shall include the voter in the voter register of the electoral precinct where the voter resides.
(Art 41.).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 23: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments: 1. The voter registers shall include:
5) at the polling stations formed in the representative offices of Republic in foreign states – all citizens who live or are in continuous business trip in the corresponding foreign state and who have valid passports of the Republic’s citizens. The citizens of the Republic of Kazakhstan arriving in foreign states by private invitations, to business and tourist trips shall be enrolled in the voter register upon their application to the precinct election commission and submission of a valid passport of the citizen of the Republic.
7. The registers of voters, who are military servicemen in the military units as well as members of their families and other voters living in the locations of military units, shall be compiled on the basis of the data submitted by commanders of the military units. (Constitutional Law on Elections in the RK, Art. 24,7)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 23: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments: At the representative offices of the Republic of Kazakhstan in foreign states, polling stations shall be created related to the electoral district on which territory the Ministry of Foreign Affairs of the Republic is located
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 23: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine g . Other
Comments: 1. Ballots shall be filled in by voters in a polling booth. While filling in the ballots, the presence of anybody in the polling booth, except the voter, shall be forbidden. The voter (elector) who cannot independently fill in a ballot shall be eligible to be assisted by a person to whom he/she trusts.
2. The voter (elector) shall put any mark in an empty space to the right of the surname of the candidate for whom he/she votes.
In the ballot with the names of political parties the voter shall put any mark in an empty space to the right of the name of the political party for which he/she votes.
3. At election of members of other than maslikhats local self-government bodies the voter shall put a mark in an empty space to the right of the surnames of those candidates for whom he/she votes.
(Art. 42).
1.When elections are held using the digital electoral system, voting shall be carried out with a digital ballot created by means of digital electoral system. (Art. 50-4).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 42, 50-4: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/24
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