Info
Disclaimer: This section of Comparative Data is not being updated.
Users should be aware that data may be inaccurate. If you find inaccuracies please
contact the ACE facilitators .
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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
c . The Electoral Management Body
Comments: Territorial and district election commissions for the election of Mazhilis members to the Parliament shall be formed by the Central Election Commission.
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of May 25, 2020, article 10.
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source:
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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
g . Changes in administrative 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 June 29, 2018, article 21.
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/09/11
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
j . By appointment l . Other
Comments: Art. 7
1. Election of deputies of the Senate of Parliament is taken part by electors – the citizens of the Republic, who are maslikhat deputies. (Constitutional Act on Elections, 2018, Art 9.-1)
2. Electors shall take part in the election of the Senate deputies on the equal basis and each of them shall have one vote at the election of a Senate deputy. (Constitutional Act on Elections, 2018, Art 9.-2)
3.The Senate shall be composed of deputies in the procedure stipulated by Constitutional Law: represented by two individuals from each region, city of republic significance, and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate shall be assigned by the President of the Republic, accounting for the need to provide in the Senate for representation of national, cultural and other significant interests of the society. (Constitution of the RK, Art.50)
Source: Constitutional Act of the Republic of Kazakhstan on Elections in the Republic of Kazakhstan as emended on June 29, 2018, Article 7: https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Constitution of the Republic of Kazakhstan as amended on March 10, 2017 art. 50:
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
Verified: 2024/09/30
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source:
Verified: 2024/10/16
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
Comments:
Source:
Verified: 2024/10/16
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
c . Regional or provincial level
Comments: The Senate shall be composed of deputies representing, in accordance with the procedure established by constitutional law, two deputies from each region, city of republican importance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate shall be appointed by the President of the Republic, five of whom shall be appointed on the proposal of the Assembly of People of Kazakhstan.
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017 art. 50:
https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/16
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source:
Verified: 2024/10/16
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: The Senate shall be composed of deputies representing, in accordance with the procedure established by constitutional law, two deputies from each region, city of republican importance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate shall be appointed by the President of the Republic, five of whom shall be appointed on the proposal of the Assembly of People of Kazakhstan.
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017 art. 50:
https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/16
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2024/10/16
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/02/16
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/02/16
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/02/16
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom)
Comments: 1. The President of the Republic of Kazakhstan shall: (…) 2) appoint regular and special elections to the Parliament of the Republic and its Chambers; (…). (Constitution of the RK, Art 44-1.2)
5. The term of powers of the Senate’s deputies shall be six years, and the term of the deputies of the Mazhilis shall be five years. (Constitution of the RK, Art 50-5)
Art 85-1,2,3:
1. Reasons for the calling:
1) the regular election shall be the end of the constitutional term of office of the Mazhilis deputies;
2) the early election – the pre-term termination of the term of office of the Parliament or the Mazhilis of the Parliament;
3) the by-election – the pre-term termination of the term of office of the deputy, the deprivation of his mandate or his/her death.
2. Election of deputies in the case stipulated by sub-clause 1 of clause 1 of this Article shall be called by the President of the Republic at least five months before and shall be conducted within two months before the termination of term of office of the Mazhilis deputies.
3. Election of deputies in case stipulated by sub-clause 2 of clause 1 of this Article shall be called by the President of the Republic simultaneously with adoption by him of the decision about advance termination of the term of office of the Parliament or the Mazhilis of the Parliament is conducted within two months from the date of the advance termination of the term of office of the Parliament or the Mazhilis of the Parliament.
The moment of the beginning of the period, during which the early election of deputies must be held, shall be the day of entry into force of the act of the President of the Republic of Kazakhstan on dissolution of the Parliament or the Mazhilis of Parliament. This period shall end with the expiry of two months. If the end of the period falls on a month, in which there is no corresponding day, then the period shall expire on the last day of this month. (Constitutional Act on Elections in the RK, 2018, Art. 85)
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017 Art. 44 and 50:
https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Constitutional Act of the Republic of Kazakhstan on Elections in the Republic of Kazakhstan as emended on June 29, 2018, Article 85: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
b . Elections can be called at any time (specify by whom)
Comments: 1. The President of the Republic of Kazakhstan shall: (…) 2) appoint regular and special elections to the Parliament of the Republic and its Chambers; (…). (Constitution of the RK, Art 44-1.2)
5. The term of powers of the Senate’s deputies shall be six years, and the term of the deputies of the Mazhilis shall be five years. (Constitution of the RK, Art 50-5)
2. The election of deputies of the Senate shall be carried out on the basis of indirect suffrage by secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the expiry of their term of office. (Constitution of the RK, Art 51-2)
Constitutional Act on Elections, Art 69-1:
1. The reasons for the calling:
1) the regular election shall be the end of the constitutional term of office of the Senate deputies;
2) the early election - the pre-term termination of the term of office of the Parliament, formation of the corresponding administrative-territorial units which do not have representation in the Senate;
3) the by-election shall be the pre-term termination of the term of office of the deputy, the deprivation of his mandate or his/her death.
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017 art. 44, 50 and 51:
https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Constitutional Act of the Republic of Kazakhstan on Elections in the Republic of Kazakhstan as amended on June 29, 2018, Article 69: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
b . Voting takes place over a period of 2 or more days
Comments:
Source:
Verified: 2024/10/17
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source:
Verified: 2024/10/17
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of 29 June 2018
Constitution of the Republic of Kazakhstan, amended as of 10 March 2017
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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: The regular election of the maslikhat deputies of all levels shall be conducted simultaneously and shall not coincide by the terms with the elections of the President, the Senate deputies of the Parliament. (Constitutional Law on Elections of RK, Art. 101-5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, Art 101-5: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
a . Presidential elections are not held on the same day as national legislative elections
Comments: Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of a new Parliament of the Republic. (Constitution of the RK, Art. 41-3)
Elections of Senators shall be scheduled subject to the requirements of
paragraph 3 of Article 41 of the Constitution and cannot coincide in terms with the elections of Mazhilis members to the Parliament. (Constitutional Act on Elections of the RK, Art. 69-5)
Source: Constitution of the Republic of Kazakhstan amended as of March 10, 2017, Art. 41: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Constitutional Law on Elections of the Republic of Kazakhstan, amended as of January 1st, 2023. Art. 69: 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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
a . President d . Legislature e . Electoral Management Body
Comments: A) 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. (Constitutional Law on Elections, Art. 10-3).
The Central Election Commission shall consist of the chairperson and six members. Deputy Chairperson and Secretary of the Central Election Commission shall be elected at the first meeting of the commission. (Constitutional Law on Elections, Art. 11-2).
The President of the Republic of Kazakhstan shall: (…) 7) appoint the Chairperson and two members of the Central Election Commission, (…) (Constitution of the RK, Art. 44)
Each of the Parliament Chambers shall independently, without participation from the other Chamber: 1) appoint two members of the Constitutional Council; appoint two members of the Central Election Commission for a five-year term; and appoint three members of the Accounts Committee for Control over Implementation of the Republican Budget;... (Constitution of the RK, Art. 57)
The Chambers shall be headed by their chairpersons, who are elected by the Senate and the Mazhilis from among the deputies who are fluent in the state language, by a secret vote of a majority of the total membership. The Senate Chairperson shall be nominated by the President of the Republic of Kazakhstan. The Mazhilis Chairperson shall be nominated by the Chamber deputies.
(…)
3. The Chairpersons of Parliament's Chambers shall: (…) 7) nominate the members of the Constitutional Council, the Central Election Commission and the Accounts Committee for Control over Implementation of the Republican Budget; (…) (Constitution of the RK, Art. 58)
B) JUDICIARY
A candidate for the vacant position of judges of local and other courts shall be selected by the Supreme Judicial Council on a competitive basis from among persons meeting the requirements of Article 29 of this Constitutional Law, and from among persons applying for the vacant positions. Based on the competition results, the Supreme Judicial Council shall recommend candidates for the vacant positions of the judges of local and other courts to the President of the Republic of Kazakhstan for appointment to office. (Constitutional Law of the RK on the Judicial System and the Status of Judges of the RK, Art. 30-2)
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, Article 10, 11: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Constitution of the Republic of Kazakhstan amended as of March 10, 2017, Art. 44, 57, 58: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Constitutional Law of the RK on the Judicial System and the Status of Judges of the RK, 2011, Art. 30: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF%282011%29027-e
Verified: 2024/10/17
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters d . Foreign/International Observers e . Other
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. (Constitutional Law on Elections, Art. 49)
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, Art. 49: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/17
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court c . Superior Court
Comments: The refusal of the Central Election Commission to register the candidate to President or cancellation of the decision on registration can be appealed within ten days personally by the candidate or the public association which has nominated a candidate to the Supreme Court which shall consider the appeal within ten days from the date of its submission. The decision of the Supreme Court shall be final. (Constitutional Law on Elections, Art. 59-8)
The Central Election Commission on the basis of the statement submitted by the oblast, city (the cities of the Republican status and the capital of the Republic) election commission or applications of electors can declare the election of the deputy to the Senate as null and void if during the given elections or at vote count or determination of the voting results certain infringements of this Constitutional Act took place on the basis of which the commission can refuse the registration of the Senate deputy. In this case the given decision of the Central Election Commission can be appealed by the candidate to the Senate deputy within ten days since the date of its adoption in the Supreme Court which within ten days shall take the decision. (Constitutional Law on Elections, Art. 82-2)
A decision to exclude a person, listed on the party list, from this list can be appealed by political party, which nominated party list, or by a person, who was excluded from the party list, to the Supreme Court, which decision shall be final. (Constitutional Law on Elections, Art. 89-5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, Art. 59, 82, 89: 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
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: No particular supervising entity - the EMB shall exercise its functions independently. It reports its decisions to the media/the public. Actions can be terminated by a court decision or by the body forming the election commission. Bodies, forming the National Election Commission, are: The President (2 members, 1 Chairperson), the Senate (2 members), the Mazhilis (2 members).
Decisions of election commissions taken within their competency shall be mandatory for implementation by all state bodies, organizations, local self-government bodies and officials in the corresponding territory. (Constitutional Law on Elections, Art. 10-5)
Interference with the work of election commissions during the exercise of their authorities shall be prohibited. (Constitutional Law on Elections, Art. 10-6)
The activities of the election commission may be terminated by a decision of the body forming the election commission or by a court decision on the basis of application of the Central Election Commission. (Constitutional Law on Elections, Art. 10-7)
The Central Election Commission shall: (…) 10) sum up the election results of the President and deputies of the Parliament in the Republic as a whole, register the elected President and Parliament deputies, publish relevant communication in mass media; (…) ((Constitutional Law on Elections, Art. 12-10)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, Art. 10, 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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
a . Elected (specify by whom) d . Presidential/ Prime Minister appointment
Comments: The compound of the election commissions, with the exception of the Central Election Commission, is formed by relevant maslikhats. (…) The Chairperson, Deputy Chairperson, Secretary of the election commission shall be elected at the meeting of the election commission. (Constitutional Law on Elections, Art. 10-3)
The President of the Republic of Kazakhstan shall: (…)7) appoint the Chairperson and two members of the Central Election Commission, the Chairperson and two members of the Accounts Committee for Control over Implementation of the Republican Budget for a five-year term; (Constitution of the RK, Art. 44-7)
The Central Election Commission shall consist of the chairperson and six members. Deputy Chairperson and Secretary of the Central Election Commission shall be elected at the first meeting of the commission. (Constitutional Law on Elections, Art. 11-2)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 10, 11: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Constitution of the Republic of Kazakhstan as amended March 2017, Art. 44:
https://www.election.gov.kz/eng/election-legal-framework/the-constitution-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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
b . Media advertisement g . Internet h . Other
Comments: OSCE/ODIHR's final report, Marth 19th, 2023: 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. A total of 11 different advertisements were broadcast in Russian and Kazakh languages, most of them supplemented with a sign language interpretation. The TEC organized events for first-time high school and university voters.
Source: 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
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments: No information on other targeted voter education programs is available.
Source:
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration h . Other
Comments: People who have been recognized by a court as legally incapable, are not allowed to vote: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. (Constitutional Law on Elections of the RK, Article 4)
-> No further definition of "legally incapable" is set by this law.
3. The right to elect and be elected to bodies of state and local self-government, as well as to participate in a republican
referendum, shall not extend to citizens who have been declared legally incompetent by a court, or to citizens who have been
placed in a detention facility by a court order. (Constitution of the RK, Art.3)
People with disabilities are generally allowed to vote:
Precinct election commission shall: (…) 4-1) take the necessary measures to implement the electoral rights of citizens with disabilities (Constitutional Law on Elections of the RK, Art. 18, 4-1)
People held in detention are generally allowed to vote:
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 (…) (Constitutional Law on Elections of the RK, Art. 24, 8)
People serving in the military are generally allowed to vote:
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 of the RK, Art. 24, 7)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 4, 18, 24: 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
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: 3. The grounds for enrolment of a citizen in the voter register shall be the fact of his/her registration in the place of residence in the territory of the given electoral precinct. (Constitutional Law on Elections of the RK, Art. 24,3)
3. The voter lists shall be submitted by the lower territorial election commission in electronic form to the higher commission for inclusion in the electronic Register of voting citizens of the Republic of Kazakhstan..(Constitutional Law on Elections of the RK, Art. 26-1,3)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, Art. 24, 26: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/18
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments: 20 days before the elections as well as 1 July and 1 January each year, voter registers have to be compiled and submitted:
The voter registers shall be compiled at elections of the President, deputies of the Mazhilis of Parliament and maslikhats, members of other local self-government bodies. The elector registers shall be compiled at election of the Senate deputies. (Constitutional Law on Elections of the RK, Art. 24,1)
(…)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. (…) The lists of voters for each polling station shall be signed by the akim, by whose decision was established the polling station, and shall be submitted with the act twenty days before the start of voting.
Information about voters and the boundaries of polling stations by 1 July and 1 January of each year shall be submitted by the local executive body in electronic form to the relevant territorial election commissions, which ensure the verification and transfer of information to higher election commissions. (Constitutional Law on Elections of the RK, Art. 24,5 excerpt)
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
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records b . Links to police records of residence g . Data matching with other agencies information
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 of individuals.
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. (Constitutional Law on Elections of the RK, Art. 24,5)
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) e . Minimum number of candidates f . Other
Comments: Nomination of candidates for Senate members shall be carried out:
1) at sessions of the regional (cities of republican significance and the capital), city, district maslikhats. Political parties, other public associations, through their representatives in maslikhats, shall propose candidates for Senate members to the Parliament of the Republic of Kazakhstan. In addition to that, one candidate can be nominated from several maslikhats;
2) in the order of self-nomination.
If less than two candidates for Senate members are registered on the day of the deadline for registration of candidates, the Central Election Commission, upon the proposal of the relevant territorial election commission shall extend the period for nominating candidates for no more than twenty days.
Signatures: A candidate for Senate member shall be supported by at least ten percent of the
votes of the total number of electors representing all maslikhats of a region, a maslikhat of a city of republican significance or the capital of the Republic, but no more than twenty-five percent of the votes of electors from one maslikhat.The support of the electors shall be certified by the collection of their signatures. At the same time, each of the electors shall have the right to put a signature in support of only one candidate for the Senate.
Deposit: A candidate for the Senate member shall deposit an electoral fee
in the amount of fifteen times the minimum wage established by law to the account of the Central Election Commission
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 71, 72, 73: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/21
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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: To be elected as the Senate deputy, the citizen should meet the requirements established in clause 4 of Article 51 of the Constitution as well as have active suffrage according to clauses 2 and 3 of Article 33 of the Constitution and this Constitutional Act. (Constitutional Law on Elections of the RK, Art. 70)
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 Senate may be a person who has reached thirty years of age, has a higher education and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective region, city of republic significance or the capital of the Republic. A deputy of the Mazhilis may be a person who has reached twenty-five years of age. (Constitution of the RK, Art. 51,4)
2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administration as well as to participate in an all-nation referendum.
3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to those citizens judged incapable by a court as well as those held in places of confinement upon a court’s sentence. (Constitution of the RK, Art. 33, 2/3)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 70: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 51, 33: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/21
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship d . Residence h . Minimum level of education j . Other
Comments: 1. To be elected as a President, a citizen should meet the requirements established by paragraph 2 of Article 41 of the Constitution, should have a work experience in public service or elective government positions for at least 5 years, and also should have an active electoral right in accordance with paragraphs 2 and 3 of Article 33 Constitution and this Constitutional Act. (Constitutional Law on Elections of the RK, Art. 54)
2. A citizen of the Republic by birth who is at least forty years old, fluent in the state language, has lived in Kazakhstan for the last fifteen years and has a higher education, may be elected President of the Republic of Kazakhstan. The constitutional law may establish additional requirements for candidates for the President of the Republic. (Constitution of the RK, Art. 41,2)
2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administration as well as to participate in an all-nation referendum.
3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to those citizens judged incapable by a court as well as those held in places of confinement upon a court’s sentence. (Constitution of the RK, Art. 33, 2/3)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 54: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 41, 33: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/21
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration o . Other
Comments: 3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to those citizens judged incapable by a court as well as those held in places of confinement upon a court’s sentence. (Constitution of the RK, Art. 33)
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 33: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Verified: 2024/10/21
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
a . Current criminal incarceration j . Physical health problems k . Mental health problems p . Other
Comments: 3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to those citizens judged incapable by a court as well as those held in places of confinement upon a court’s sentence. (Constitution of the RK, Art. 33, 3)
2-1. The confirmation that the candidate to President has no diseases that impede the fulfillment of the duties of the President of the Republic, his medical inspection is carried out, the results of which are documented with an appropriate medical report on the state of health.
The requirements for a medical certificate and a list of diseases that prevent registration of a candidate for the President of the Republic are established by a joint regulatory legal act of the Central Election Commission and the authorized body in the field of health care. (Constitutional Law on Elections, Art. 59, 2-1)
Source: Constitution of the Republic of Kazakhstan as amended on March 10, 2017, art. 33: https://www.election.gov.kz/eng/election-legal-framework/the-constitution-of-the-rk.php
Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 59: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) d . Other
Comments: 4. Candidates to the Mazhilis deputies of the Parliament to be elected by the Assembly of the People of Kazakhstan shall be nominated by the Board of the Assembly. Relevant decisions shall be taken by a majority vote and shall be recorded in the minutes of the Board.
The decision of the Board of the Assembly of the People of Kazakhstan shall be submitted to the Central Election Commission together with the individual’s consent to run for the Mazhilis. (Constitutional Law on Elections, Art. 87,4)
2. Prior to the registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of their residence for the first day of the month of the beginning of nomination period to be set in accordance with this Constitutional Act, in the order and form established by the authorized state body of the Republic of Kazakhstan performing tax control over execution of tax obligations to the state. (…)(Constitutional Law on Elections, Art. 89,2)
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 nomination of candidates;
2) an application of the citizen with a 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; (Constitutional Law on Elections, Art. 89,5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, Art. 87, 89: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/01
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify) d . Other
Comments: 2. The candidate to the Senate deputy 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 wage 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 according to election results the candidate is elected as a deputy of the Senate of the Parliament or the voting results the candidate has collected at least five percent of the votes of the electors that have taken part in voting as well as in case of death of a 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.
Prior to the registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of their residence for the first day of the month of the beginning of nomination period to be set in accordance with this Constitutional Act, in the order and form established by the authorized state body of the Republic of Kazakhstan performing tax control over execution of tax obligations to 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. (Constitutional Law on Elections, Art. 73,2)
5.Registration of the candidate to the Senate deputy 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) protocol of accordingly the oblast or city ( cities 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 14.04.2004 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.
(Constitutional Law on Elections, Art. 73,5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, Art. 73: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/01
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify) d . Other
Comments: 2. Prior to the registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of their residence for the first day of the month of the beginning of nomination period to be set in accordance with this Constitutional Act, in the order and form established by the authorized state body of the Republic of Kazakhstan performing tax control over execution of tax obligations to 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. (…) (Constitutional Law on Elections, Art. 59,2)
2-1. The confirmation that the candidate to President has no diseases that impede the fulfillment of the duties of the President of the Republic, his medical inspection is carried out, the results of which are documented with an appropriate medical report on the state of health. (Constitutional Law on Elections, Art. 59,2-1)
5. Registration of candidate to President nominated by a public association shall be conducted upon submission of the following documents:
1) extracts of the minutes of the meeting of the supreme body of the public association on nomination of the candidate to President with enclosure of a copy of the document on registration of the given public association in the Ministry of Justice of the Republic;
2) an application on the consent to run for election as the candidate to President;
3) protocols of the territorial election commissions on the results of the check of the authenticity of the collected citizens’ signatures in support to the candidate to President;
4) the biographic data of a candidate;
4-1) the sub-clause is excluded by the Constitutional Act of RK of 14.04.2004 No. 545-II;
4-2) references from the tax body confirming that a candidate and his/her spouse have submitted declarations on income and property.
5) a document confirming that the candidate has deposited election contribution.
6) medical opinion on the health status.
(Constitutional Law on Elections, Art. 59,5)
1. The support by voters to the candidate to President shall be confirmed by their signature collection.
2. The candidate to President must be supported by at least one percent of the total number of voters, equally representing at least two thirds of the oblasts, the cities of the Republican status and the capital of the Republic. (Constitutional Law on Elections, Art. 56, 1/2)
The candidate’s election fund consists of:
1) the candidate’s own funds, funds allocated to the candidate by the Republican public association that nominated him, the total amount of which should not exceed the minimum wage established by the legislation more than twelve thousand times;(Constitutional Law on Elections, Art. 58)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, Art. 59, 56, 58: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/01
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
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).
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
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2020/04/02
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
c . Unspecified d . Other
Comments: 4. Money and other property of a political party may not be distributed among its members and must be spent in accordance with the statutory goals. A political party may use its funds for charity. (The Law on Political Parties of the Republic of Kazakhstan, Art. 18,4)
Source: 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
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
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
e . Ceilings on party election expenses h . Publication or public access to contribution and / or expenditure reports
Comments: 1. Means of a political party shall be formed from: (…) 2. 1) foreign states, foreign legal entities and international organizations; 2) foreigners and persons without citizenship; (The Law on Political Parties of the Republic of Kazakhstan, Art. 18,1/2)
5. Annual financial statement of a political party shall be annually published in republican publications. (The Law on Political Parties of the Republic of Kazakhstan, Art. 18,5)
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. (The Law on Political Parties of the Republic of Kazakhstan, Art. 18-1,2)
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. (Constitutional Law on Elections in the RK, Art. 34,5)
The size of the election fund of candidates to the President of the Republic
The candidate’s election fund consists of:
1) the candidate’s own funds, funds allocated to the candidate by the Republican public association that nominated him, the total amount of which should not exceed the minimum wage established by the legislation more than twelve thousand times;
2) voluntary donations of citizens and organizations of the Republic, the total amount of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times. (Constitutional Law on Elections in the RK, Art. 58)
The size of the election fund of the political party
The candidates standing for elections under party lists nominated by the political parties shall not be eligible to form their own election funds.
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. (Constitutional Law on Elections in the RK, Art. 92-1)
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 on February 06, 2009, art. 18: http://adilet.zan.kz/eng/docs/Z020000344_
Verified: 2020/04/02
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body c . Government department d . Other
Comments: Control over spending of the funds allocated for the conduct of electoral campaign
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. (Constitutional Law on Elections in the RK, Art. 36)
Source: The 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: 2020/04/02
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
c . Write-in ballot n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official p . Bilingual
Comments: Article 37. The ballot paper
1. The ballot paper shall include all registered candidates with indication of their surnames, given names in the alphabetic order of the state language. The ballot paper for voting for political parties shall include the names of political parties in the order determined by a casting of lots. The casting of lots shall be conducted by the Central Election Commission. The procedure for casting of lots shall be determined by the Central Election Commission.
1-1. The Central Election Commission shall determine the procedure for making changes to the ballots in the event of withdrawal of a candidate, cancellation of the decision to nominate a candidate, cancellation of the decision on registration of candidates, party lists.
2. The ballots shall be printed in the State and Russian languages.
The ballots shall be made in the amount equal to the number of voters in electoral precinct with a reserve of one percent of the total number of voters of the given electoral precinct.
3. Ballots shall be delivered to the precinct election commissions not earlier than three days and not later than one day before the elections with a reserve of 1 per cent of the total number of voters at the polling station.
4. The clause is excluded by the Constitutional Act of RK of 14.04.2004 No. 545-II.
5. The premises where the ballots are kept shall be sealed and handed over the internal affairs bodies for preservation.
Art 42 Conduct of Voting
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. After voting, the surname of this person shall be written down in the register next to the voter’s (elector’s) signature upon receipt of a ballot.
The following ballots shall be recognized as null and void:
1) of not established format;
2) with no signature of the member of the corresponding election commission;
(Constitutional Law on Elections in the RK, Art. 43,5)
A commission’s member, who has issued a ballot-paper (ballot-papers), shall put his/her signature in it as well as in the register against the surname of the voter (elector) who has received the ballot-paper (ballot-papers). (Constitutional Law on Elections in the RK, Art. 41,5)
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. (Constitutional Law on Elections of the RK, Art. 42,2)
Source: Constitutional Act on Elections of the Republic of Kazakhstan, as amended 9 June 2018, Art. 37, 41, 42:
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
a . Single ballot (all registered parties/candidates listed) c . Write-in ballot d . Categorical (only possible to make one mark) f . Same ballot papers used nation-wide l . No photos or logos, only party and/or candidate names m . Organized alphabetically o . Ballots signed or otherwise authenticated by polling station officials p . Bilingual
Comments: Design reference: 2019 presidential elections' ballot paper (photo)
1. The ballot paper shall include all registered candidates with indication of their surnames, given names in the alphabetic order of the state language.
2. The ballots shall be printed in the State and Russian languages.
(Constitutional Law on Elections in the RK, Art. 37, 1/2)
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. After voting, the surname of this person shall be written down in the register next to the voter’s (elector’s) signature upon receipt of a ballot. (Constitutional Law on Elections in the RK, Art. 42,1)
The following ballots shall be recognized as null and void:
1) of not established format;
2) with no signature of the member of the corresponding election commission;
(Constitutional Law on Elections in the RK, Art. 43,5)
A commission’s member, who has issued a ballot-paper (ballot-papers), shall put his/her signature in it as well as in the register against the surname of the voter (elector) who has received the ballot-paper (ballot-papers). (Constitutional Law on Elections in the RK, Art. 41,5)
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. (Constitutional Law on Elections of the RK, Art. 42,2)
Source: 2019 presidential elections' ballot paper: https://commons.wikimedia.org/wiki/File:KZ_2019_ballot_bulletin.jpg
Constitutional Act on Elections of the Republic of Kazakhstan, as amended 9 June 2018, Art. 37, 41, 42:
https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2024/10/23
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
b . Preliminary count of all ballots in ballot box d . Number of ballots in box reconciled against number of voters e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud j . Sorted into piles according to individual party/candidate l . Counted by hand p . Copies of results of the count are publicly posted at the counting site immediately on the completion of the count r . Observers and party agents are permitted to take their own copies of the results
Comments: 1. (…) During the count of ballots, the chairperson of the commission or an assigned member of the commission shall demonstrate a ballot to persons, who are present at polling station, and shall announce the will the voter.
In this case the ballots shall be stacked in a pile per each candidate or a political party which has nominated the party list and in a pile for null and void ballots. (Constitutional Law on Elections in the RK, Art. 43,1)
3-1. In the end of the voting, before the ballot-boxes with the ballot papers are opened, the precinct election commission on the basis of voter registers shall count the number of the voters who have received the ballot papers and shall define their total number. The chairperson of the precinct election commission or a member of the commission replacing him/her shall announce the results of the counting and shall write them in the protocol on voting results. (Constitutional Law on Elections in the RK, Art. 43,3-1)
4. Before opening of ballot-boxes all the unused ballot papers shall be counted and cancelled by the corresponding election commission. The election commission on the basis of the voter registers shall determine:
1) the total number of voters (electors) at the polling station;
2) the number of the voters (electors) who have received ballots;
3) the number of the ballots issued by each member of the commission.
4-1. After opening of the ballot-boxes, the election commission on the basis of the number of the ballot papers shall determine:
1) total number of the voters (electors) who have taken part in voting;
2) number of votes cast for each candidate, per each political party;
3) number of the ballots recognized as null and void;
4) number of the ballots received by the precinct election commission;
5) number of the cancelled ballots.
(Constitutional Law on Elections in the RK, Art. 43,4)
8. (…) The copy of the protocol shall be immediately posted up in the premise of the polling station in a specially designated place for a public scrutiny and shall be kept in the premise within two days. By the request of a person who according to this Constitutional Act shall be present during vote count, he/she can be issued with a copy of the protocol certified with the signatures of the chairperson and the secretary of the commission and the seal of the election commission. (Constitutional Law on Elections in the RK, Art. 43, 8)
8-1. Copy of the protocol on the election results in the given constituency shall be posted up in the premise of the polling station for public scrutiny and shall be kept in the given premise for three days.
At the request of a person who according to this Constitutional Act can be present during vote count, the named person shall be issued with a copy of the protocol certified by signatures of the chairperson and the secretary of the commission and the seal of the election commission. (Constitutional Law on Elections in the RK, Art. 43, 8-1.)
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: 2020/04/03
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level e . National level
Comments: 8. The results of vote count shall be considered by the election commission and shall be specified in the protocols signed by the chairperson and members of the election commission. In the case of absence of the chairperson of the election commission, the protocols shall be signed by the deputy chairperson or the secretary of the election commission. (Constitutional Law on Elections in the RK, Art. 43,8)
1. The results of elections of the President, the Parliament deputies shall be determined by the Central Election Commission.
2. The results of elections of the maslikhat deputies and members of other local self-government bodies shall be determined by the territorial election commission.
3. The results of election shall be included in the protocol to be signed by a chairperson and members of the election commission. In the absence of the commission’s chairperson the protocol shall be signed by a deputy chairperson or a secretary of the commission. (Constitutional Law on Elections in the RK, Art. 44,1/2/3)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 43, 44: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VC007
Question: At what levels are seats allocated?
Answer(s):
e . Other
Comments: 1. The relevant territorial election commission calculates the amount of votes cast by the respective administrative-territorial unit for each party list that received seven or more percent of the votes of the number of voters who participated in the vote. (Constitutional Law on Elections in the RK, Art. 111-1,1)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 111-1: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
g . Ballot boxes
Comments: 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. (…) (Constitutional Law on Elections in the RK, Art. 41,6)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 50-1 until 50-9: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
e . Accompanied by election officials i . Accompanied by observers
Comments: During organization of voting outside the premise of polling station two members of the election commission shall accompany the portable ballot-box. (Constitutional Law on Elections in the RK, Art. 41,6 - extract)
The observers of political parties, other public associations, nonprofit organizations of the Republic of Kazakhstan shall be eligible to: (…) 4) accompany portable ballot-boxes, including being in the vehicle transporting them; (Constitutional Law on Elections in the RK, Art. 20-1, 2.4.)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 41, 20-1: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2020/04/03
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
c . Election officials 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: 2020/04/03
VC014
Question: If recounted, who conducts the recount?
Answer(s):
c . Local Election Management body
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: 2020/04/03
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments: 5. (…) The data in the statements of the Central and territorial election commissions shall be presented according to constituencies., while data in statements of district election commissions according to polling stations. The corresponding election commission shall make the statement on the preliminary election results within forty eight hours since the end of vote count and the issue of the corresponding protocol. (Constitutional Law on Elections in the RK, Art. 44, 5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 44: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: 4. The statement on the election results of:
1) the President, deputies of the Parliament shall be published in mass media by the Central Election Commission within ten days since the date of the election;
2) maslikhat deputies are published in local mass media by relevant territorial election commissions no later than seven days from the date of the election;
3) members of local self-government bodies other than maslikhats shall be published in the local mass media by the corresponding territorial election commission within four days since the day of election.
5. The statement of the Central (territorial) Election Commission shall include the following data: the day of election, the total number of the citizens enrolled in the voter (elector) registers and who have taken part in voting; the total number of the constituencies; the number of voters who voted with absentee certificates; the total number of the candidates who stand for elections; the number of the voters who had voted outside the polling station; the number of the political parties participating in elections; number of administrative units where re-run of a vote shall be held; the number of votes (the poll) voted for each candidate to President, deputy of the Senate of the Parliament, for each political party, for each candidatein the corresponding administrative-territorial unit number of votes cast for candidates to the Mazhilis deputies to be elected by the Assembly of the People of Kazakhstan; the elected President, the deputies of the Senate of the Parliament, deputies of Mazhilis to be elected by the Assembly of the People of Kazakhstan, maslikhats, members of the local self-government bodies with indication of the surname, given names, year of birth, position, place of residence as well as at the discretion of a candidate the data about his/her membership in a political party and his/her ethnic origin.
The statement of the corresponding territorial election commission shall include the following data: total number of the citizens enrolled in the voter registers and taken part in voting; number of votes cast for each candidate; number of null and void ballots by polling stations; surname, given names, year of birth, position, place of residence of the elected maslikhat deputies as well as at the discretion of a candidate the data on his/her membership in a political party and his/her ethnic origin.
The data in the statements of the Central and territorial election commissions shall be presented according to constituencies., while data in statements of district election commissions according to polling stations. The corresponding election commission shall make the statement on the preliminary election results within forty eight hours since the end of vote count and the issue of the corresponding protocol.
(Constitutional Law on Elections in the RK, Art. 44,4/5)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 44: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: 4. The statement on the election results of:
1) the President, deputies of the Parliament shall be published in mass media by the Central Election Commission within ten days since the date of the election;
2) maslikhat deputies are published in local mass media by relevant territorial election commissions no later than seven days from the date of the election;
3) members of local self-government bodies other than maslikhats shall be published in the local mass media by the corresponding territorial election commission within four days since the day of election.
(Constitutional Law on Elections in the RK, Art. 44,4)
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 44: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
Media and Elections
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
b . Government owned c . Privately owned
Comments: There are 23 TV channels registered with a nationwide coverage. State–owned Qazaqstan media holding operates four TV channels and owns 80 per cent of shares of First Eurasian; state-owned Khabar media holding and Intergovernmental broadcaster Mir operate three TV channels each. The media holding TV and Radio Complex of the President owns ZhibekZholy, and Amanat owns TV Astana. Out of 10 remaining private broadcasters, only 2 broadcasters – KTK and 31st Channel broadcast news. Paragraph 40 of the General Comment No. 34 to the ICCPR notes that “The State should not have monopoly control over media and should promote plurality of the media.
Source: ODIHR Election Observation Mission Final Report produced in March 19, 2023
Verified: 2024/10/23
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
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments:
Source: Constitution
Law on Referendum
Verified: 2020/05/04
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Articles 12 and 13, Law on Referendum
Verified: 2020/05/04
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
a . All signatures checked
Comments: Within three days after completion of collection of signatures the filled subscription list shall be handed over by persons involved in the collection of signatures to the territorial election commission, which within ten days shall examine the authenticity of citizens’ signatures at the subscription lists with the assistance of employees of passport services, draw up a corresponding protocol and submit it to the CentralElection Commission.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
c . Local authorities
Comments: Territorial election commissions.
Within three days after completion of collection of signatures the filled subscription list shall be handed over by persons involved in the collection of signatures to the territorial election commission, which within ten days shall examine the authenticity of citizens’ signatures at the subscription lists with the assistance of employees of passport services, draw up a corresponding protocol and submit it to the CentralElection Commission.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: The decision to hold a referendum and the question shall be brought to the attention of citizens by the media.
Referendum commissions shall inform citizens about their work in organizing the referendum, about the formation of polling stations, the composition, location and working hours of the commissions, about the lists of citizens entitled to participate in the referendum.
Source: Article 6, Law on Referendum
Verified: 2020/05/04
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
i . Not applicable
Comments: No official information provided.
Source:
Verified: 2020/05/04
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD126
What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
All printed campaign materials should contain information about the organization that issued these materials, the place of their printing and circulation, and the persons responsible for their release. Distribution of anonymous campaign materials is prohibited.
Agitation of violent changes in the constitutional order, violation of the integrity of the Republic, undermining the security of the state, war, social, racial, national, religious, estate and tribal superiority, as well as the cult of cruelty and violence, is not allowed.
On the day preceding the referendum and on the day of the referendum, campaigning is prohibited. Printed campaign materials, posters previously posted outside the polling station may be kept in their original places.
Source
Article 7, Law on Referendum
Verified
2020/05/04
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments: Central Election Commission
Source: Article 13, Law on Referendum
Verified: 2020/05/04
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source:
Verified: 2020/05/04
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
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.
Source: Article 3, Constitution
Verified: 2020/05/04
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
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.
Source: Article 3, Constitution
Verified: 2020/05/04
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
k . None
Comments: There are no provisions for mandatory referendums in the legislation.
Source: Constitution
Verified: 2020/05/04
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
a . Constitutional amendments f . Devolution i . Other public policy issues j . Other (specify)
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: Article 2, Law on Referendum
Verified: 2020/05/04
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
b . Adoption of international treaties c . Transfer of authority to international bodies d . National sovereignty, national self-determination g . Civil service h . Taxes and public expenditure commitments j . Other (specify)
Comments: The following questions shall not be the subject of referendum:
1) which may entail violation of constitutional rights and freedoms of individuals and citizens;
2) change of unitary and territorial integrity of the state, the form of government of the Republic;
3) administrative-territorial structure and borders of the Republic;
4) justice, defense, national security and protection of public order;
5) budget and tax policy;
6) amnesty and clemency;
7) appointment and election to the office, dismissal of officials under authority of the President, Houses of the Parliament and the Government of the Republic;
8) implementation of obligations arising from international treaties of the Republic.
Source: Article 3, Law on Referendum
Verified: 2020/05/04
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
a . Government c . President d . Legislative majority e . Registered electors
Comments: 1. The initiative to appoint the republican referendum belongs to:
1) President of the Republic of Kazakhstan;
2) Parliament of the Republic of Kazakhstan, which shall request the President of the Republic of Kazakhstan to appoint a referendum. Submission of the initiative shall be carried out by the Parliament at separate sessions of the Houses by consequent consideration of the issue first in Mazhilis and then in Senate and shall be issued by the relevant resolutions of Parliament Houses;
3) Government of the Republic of Kazakhstan, which shall request the President of the Republic of Kazakhstan to appoint a referendum. Submission of the initiative shall be carried out by the Government at its session by the majority of votes of the total number of its members and shall be issued by the relevant resolution;
4) at least by 200 thousand citizens of the Republic eligible to take part in the republican referendum, who quantitatively and equally shall represent all oblasts, capital of the Republic and city of the republican status, who shall request the President of the Republic to appoint a referendum.
Source: Article 11, Law on Referendum
Verified: 2020/05/04
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
b . Independent electoral commission
Comments: The Central Election Commission shall establish the form and texts of the ballot, the voter lists, subscription lists and other documents necessary for conduct of referendum; the voting time; the procedure for storage of referendum documents.
Source: Article 21, Law on Referendum
Verified: 2020/05/04
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
c . President
Comments: President of the Republic upon an initiative of theParliament, the Government or citizens of the Republic to appoint referendum shall take one of the following decisions:
1) to appoint a referendum;
2) to make changes and additions to the Constitution, to adopt the constitutional act, the law or any other decision on the question(questions) proposed as the subject of referendum without conduct of referendum;
3) to reject the initiative to appoint a referendum.
Source: Article 17, Law on Referendum
Verified: 2020/05/04
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments: Decision on a question submitted to referendum shall be considered as adopted if as a result of voting it has been supported by more than half of citizens, who have taken part in voting.
Source: Article 31, Law on Referendum
Verified: 2020/05/04
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
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: Articles 34 and 35, Law on Referendum
Verified: 2020/05/04
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
a . Constitutional amendments b . Legislative proposals
Comments: At least by 200 thousand citizens of the Republic eligible to take part in the republican referendum, who quantitatively and equally shall represent all oblasts, capital of the Republic and city of the republican status, who shall request the President of the Republic to appoint a referendum.
President of the Republic upon an initiative of theParliament, the Government or citizens of the Republic to appoint referendum shall take one of the following decisions:
1) to appoint a referendum;
2) to make changes and additions to the Constitution, to adopt the constitutional act, the law or any other decision on the question(questions) proposed as the subject of referendum without conduct of referendum;
3) to reject the initiative to appoint a referendum.
Source: Articles 11 and 17, Law on Referendum
Verified: 2020/05/04
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
b . Adoption of international treaties c . Transfer of authority d . National sovereignty, national self-determination g . Civil service h . Taxes and public expenditure commitments
Comments: The following questions shall not be the subject of referendum:
1) which may entail violation of constitutional rights and freedoms of individuals and citizens;
2) change of unitary and territorial integrity of the state, the form of government of the Republic;
3) administrative-territorial structure and borders of the Republic;
4) justice, defense, national security and protection of public order;
5) budget and tax policy;
6) amnesty and clemency;
7) appointment and election to the office, dismissal of officials under authority of the President, Houses of the Parliament and the Government of the Republic;
8) implementation of obligations arising from international treaties of the Republic.
Source: Article 3, Law on Referendum
Verified: 2020/05/04
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
b . Registered committee/organisation
Comments: Action group of referendum shall apply to the Central Election Commission with the request to register the group and the question proposed for the referendum.
Source: Article 13, Law on Referendum
Verified: 2020/05/04
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
a . Proposed title d . Other (specify)
Comments: 1. Action group of referendum shall apply to the CentralElection Commission with the request to register the group and the question(questions) proposed for the referendum.
2. Registration shall be done upon submission of the following documents:
1) application for registration of the group and registration of the question proposed by it for the referendum;
2) minutes of the meeting, at which the action group has been established;
3) list of action group’s members.
Source: Article 13, Law on Referendum
Verified: 2020/05/04
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
c . Both the proponents and the responsible agency following negotiation
Comments: Both proponents and the responsible agency.
Source: Articles 12 and 13, Law on Referendum
Verified: 2020/05/04
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments: Not explicitly stated.
Source:
Verified: 2020/05/04
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
b . Drafting actual text for legal measure d . Other (specify)
Comments: 1. The decision to appoint referendum shall be made by the President of the Republic by issuance of the corresponding Decree, which shall establish:
1) date for conducting the referendum;
2) wording of the question put to referendum;
3) solution of other issues associated with conduct of referendum.
2. President of the Republic with the consent of referendum initiators prior to conduct of referendum shall be eligible to clarify the wording of the question to be submitted for the referendum for the purposes of more accurate expression of the will of its initiators.
3. The Decree of the President of the Republic Указ to appoint referendum, texts of drafts of the Constitution, the constitutional act, the law, introduction of changes and additions to them shall be published in mass media.
Source: Article 18, Law on Referendum
Verified: 2020/05/04
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
a . An automatic check is part of the initiative process
Comments:
Source: Articles 12 and 13, Law on Referendum
Verified: 2020/05/04
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
b . Independent electoral commission
Comments: Central Election Commission
Source: Articles 12 and 13, Law on Referendum
Verified: 2020/05/04
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
c . After its submission but before the vote on the initiative
Comments:
Source: Articles 12 and 13, Law on Referendum
Verified: 2020/05/04
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD063
Question: Who decides the final ballot text?
Answer(s):
e . Other (specify)
Comments: President with consent of initiators.
Source: 1. The decision to appoint referendum shall be made by the President of the Republic by issuance of the corresponding Decree, which shall establish:
1) date for conducting the referendum;
2) wording of the question (questions) put to referendum;
3) solution of other issues associated with conduct of referendum.
2. President of the Republic with the consent of referendum initiators prior to conduct of referendum shall be eligible to clarify the wording of the question (questions) to be submitted for the referendum for the purposes of more accurate expression of the will of its initiators.
3. The Decree of the President of the Republic Указ to appoint referendum, texts of drafts of the Constitution, the constitutional act, the law, introduction of changes and additions to them shall be published in mass media.
Verified: 2020/05/04
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
a . Within a certain time limit (specify)
Comments: Between 1 and 3 months.
Source: Article 19, Law on Referendum
Verified: 2020/05/04
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD086
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/04
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
a . Signatories must provide identity/voting card number
Comments: The person who collects signatures shall submit a copy of certificate of registration of the action group and the question proposed by it for the referendum. Every citizen shall be eligible to sign the subscription list only once. In this case the citizen shall present a document proving his/her identity. Citizen’s signature shall be supplemented with indication of his/her family, first, patronymic names, place of residence, data of documents certifying his/her identity, and date of signing the list.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
a . Signatories must provide identity/voting card number
Comments: The person who collects signatures shall submit a copy of certificate of registration of the action group and the question proposed by it for the referendum. Every citizen shall be eligible to sign the subscription list only once. In this case the citizen shall present a document proving his/her identity. Citizen’s signature shall be supplemented with indication of his/her family, first, patronymic names, place of residence, data of documents certifying his/her identity, and date of signing the list.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2020/05/13
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
c . Requirement for signature collectors to be registered electors
Comments: Collection of citizens’ signatures shall be organized by referendum action group from the date of receipt of the certificate of registration of the group and the question (questions) proposed by it for the referendum and shall be carried out by members of the group who shall be eligible to take part in the republican referendum.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
c . Requirement for signature collectors to be registered electors
Comments: Collection of citizens’ signatures shall be organized by referendum action group from the date of receipt of the certificate of registration of the group and the question (questions) proposed by it for the referendum and shall be carried out by members of the group who shall be eligible to take part in the republican referendum.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
c . Requirement for signature collectors to be registered electors
Comments: Collection of citizens’ signatures shall be organized by referendum action group from the date of receipt of the certificate of registration of the group and the question (questions) proposed by it for the referendum and shall be carried out by members of the group who shall be eligible to take part in the republican referendum.
Source: Article 14, Law on Referendum
Verified: 2020/05/04
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
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
f . 1981-2000
Comments: 1991
Source:
Verified: 2020/05/04
DD133
Question: What year was the first referendum/initiative held?
Answer:
f . 1981-2000
Comments: 1995 Kazakh presidential term referendum
Source:
Verified: 2020/05/04
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments: Voting at elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of other local self-government bodies shall be conducted on the day of elections from 7 am till 8 pm of local time. The territorial election commissions upon presentation by the corresponding akim and the precinct election commissions shall be eligible to establish other time for beginning and end of voting. In this case voting cannot begin before 6 am and end after 10 pm. The voters shall be notified about the decision of the territorial commissions to change the time for the start and end of voting. (Constitutional Law on Elections in the RK, Art. 38,1)
No exceptions. Votes of people who can not come to the polling stations due to health or other reasons will be collected with mobile ballot boxes during election day (see Art. 41,6 of the respective law).
Source: Constitutional Law on Elections of the Republic of Kazakhstan as amended on June 29, 2018, art. 38: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
Verified: 2020/04/03
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2020/04/03
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2020/04/03
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
Forgot your password?
