Kazakhstan
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Election system of the Republic of Kazakhstan has own political-legal
history. Proceeding from political-legal tradition and peculiarity
of the state development of Kazakhstan, election law of our country
should have the main source as the stable Constitution.
Rules, procedures and fundamental principles of conducting elections
and referendums in Kazakhstan are set first of all by the Constitution
of the Republic of Kazakhstan, by the Constitutional Act of the
Republic of Kazakhstan "On elections in the Republic of Kazakhstan",
by the Decree of the President of the Republic of Kazakhstan "On
Central Election Commission of the Republic of Kazakhstan"
and also Resolutions of the Central Election Commission which
are accepted on the base of these Acts and ensure additional guidance
during the period of conducting elections.
For instance, article 33 of the Constitution of the Republic of
Kazakhstan determines that the citizens of the Republic of Kazakhstan
shall have the right to participate in administrating the state
affairs directly and through their representatives, vote and be
elected to public and local self-administration bodies as well
as to participate in an all-nation referendum. The right to vote
and to be elected, to participate in the all-nation referendum
shall not extend to the citizens admitted incapable by a court
as well as those held in places of confinement by the court ’s
sentence.
Elections in the Republic of Kazakhstan shall be based on the
principle of free implementation by a citizen of the Republic
of Kazakhstan of his/her right to vote and to be elected. By this
election of the President, deputies to the Mazhilis of the Parliament
and Maslikhat, members to the bodies of local self-government
of the Republic of Kazakhstan shall be conducted on the basis
of universal, equal and direct suffrage by secret ballot. Elections
of the Senate deputies for the Parliament of the Republic of Kazakhstan
shall be conducted on the basis of indirect suffrage by secret
ballot.
Participation of the citizens of the Republic of Kazakhstan in
elections shall be voluntary. Nobody has the right to force a
citizen of the Republic of Kazakhstan to participate or not to
participate in elections and as well as to limit his/her election
right.
The universal election right is the right of citizens of the Republic
of Kazakhstan to participate in voting at elections upon reaching
the age of eighteen years old irrespective of his/her birth origin,
social, official and property status, sex, race, nationality,
language, relation to religion, belief and faith, place of residence
or any other circumstances.
The eligibility is the right of the citizens of the Republic of
Kazakhstan to be elected as the President of the Republic of Kazakhstan,
Deputy to the Parliament of the Republic of Kazakhstan, Maslikhat
of member of the body of local self-government and Maslikhat with
limitations, which was established by the Constitution.
The equal suffrage means that the voters shall participate in
presidential elections, elections of deputies to the Mazhilis
of the Parliament and Maslikhats of the Republic of Kazakhstan
on equal basis and each of them shall enjoy one vote per one ballot.
Voters shall participate in elections of members to the bodies
of local self-government of the Republic of Kazakhstan on equal
basis and each of them shall enjoy an equal number of votes. The
candidates shall be guaranteed equal rights and conditions for
participation in elections, which are established by the Constitutional
Act of the Republic of Kazakhstan "On elections in the Republic
of Kazakhstan".
The direct suffrage means that the President, deputies to the
Mazhilis of the Parliament and Maslikhats, member to bodies of
local self-government of the Republic of Kazakhstan shall be elected
by citizens directly.
The indirect election right means that electors-citizens of the
Republic of Kazakhstan and deputies to Maslikhat shall participate
in elections of deputies to the Senate of the Parliament. Electors
shall participate in elections of deputies to the Senate on equal
basis and each of them shall enjoy one vote at elections of a
deputy to the Senate.
Voting at the presidential elections, elections of the deputies
to the Parliament and Maslikhats, members to bodies of local self-government
of the Republic of Kazakhstan shall be secret and, hence, shall
exclude any possibility of exercising any control over the voters
’ electoral rights.
Political elections and regulating their election legislation
in the Republic were one of the basic institutes and the processes
forming legitimate representative authority in social and legal
relations.
The Constitution of the Republic of Kazakhstan has determined
that the major principle of the organization of the government
is carried out through free elections and referendum, and a unique
source of the government is people.
Democratic Constitutional elections are the basic political-legal
institute. Democracy cannot be carried out outside of political
election process, that is the process admitting and providing
for citizens on a legal basis an opportunity of a choice between
different persons, parties, applying on that during the term determined
by the law not only to represent their interests, but also to
pursue own policy of development authorized by citizens-voters.
It is known, there are two basic electoral systems, accepted at
elections of legislative (representative) bodies of the government.
There are proportional and majority systems. Their combination
gives mixed system of voting. Kazakhstan has gone on a way of
introduction of the mixed electoral system.
At majority elections voters vote for concrete candidates on constituencies.
Advantage of majority system is that it is always productive and
each voter has an opportunity to determine the attitude to any
standing candidate, instead of to lists from political parties
as it is stipulated at a proportional electoral system. The majority
system can be the qualified majority when for a victory it is
necessary for a candidate to collect 2/3 voices of voters, overwhelming
majority (50 % + 1 voice) or the relative majority, when for a
victory it is necessary to collect a lot of voices of voters in
comparison with other candidates.
Elections on proportional system mean submission of voices for
party lists, that practically exclude voting for concrete persons
and deduce from an electoral system of independent candidates.
The basic special-purpose designation of a proportional electoral
system is in maintenance of proportional representation mainly
parties in conditions of multi-party system. Elections are carried
out under party lists in multi-mandatory (one-mandatory) districts.
There is not ideal electoral system in the world. Any of systems
has advantages and the lacks. And everyone has own logic and the
far conducting consequences. The international election standards
also do not set any instructions for the state at a choice of
this or that electoral system. The establishment of an election
system is a result of a choice which is determined, as a rule,
to parties of political forces in a legislature of the country.
In the Republic of Kazakhstan for the first time at elections
of deputies of Mazhilis of the Parliament in 1999 the mixed system
of voting was used: majority at elections of deputies of Mazhilis
of the Parliament on 67 constituencies and proportional on elections
of 10 deputies of Mazhilis of the Parliament who are elected on
the basis of party lists on the territory of uniform national
constituency.
According to article 9 of the Constitutional Act of the Republic
of Kazakhstan "On elections in the Republic of Kazakhstan"
which is called so "Electoral system", at presidential
elections and election of deputies of the Parliament the following
system of calculation of voices is applied:
The candidate shall be considered as elected if:
- the candidate has collected more than fifty percent of votes
of electors who have taken part in voting
- the candidate who at a second round of voting in comparison
with the other candidates has collected the greater poll of electors
who have taken part in voting.
At elections of deputies of Maslikhats, the candidate shall be
considered as elected if in comparison with other candidates he/she
collected the greater poll of the voters who have taken part in
voting.
The following system of votes’ counting shall be applied at elections
of members to bodies of local self-government. The candidates
shall be considered as elected if the majority of the voters who
have participated in voting voted for them in comparison with
other candidates.
Persons, by violence, a deceit, threats, payoff or a different
way interfering free realization by the citizen of Republic of
the suffrage bear the responsibility established by the law.
The system of elective bodies in the Republic of Kazakhstan consist
of the Central Election Commission of the Republic of Kazakhstan,
territorial election commissions, district election commissions,
divisional election commissions.
The Central Election Commission shall head the universal system
of the election commissions of the Republic of Kazakhstan and
shall act as a permanent body. It shall comprise of the Chairperson,
Deputy Chairperson, Secretary and Members of the Commission elected
and released from the position by Mazhilis of the Parliament based
on the presentation by the President of the Republic of Kazakhstan.
The Chairperson and the Secretary of the Central Election Commission
shall have the high juridical education diploma. The Central Election
Commission shall have its own office. Expenses on maintenance
of the Central Election Commission and its personnel shall be
covered from the Republican budget.
The Central Election Commission shall:
- implement on the territory of the Republic of Kazakhstan control
over the execution of the Law on Elections; provide for its uniform
application; make decisions within the limits of its competency
boundary for execution across the territory of the Republic of
Kazakhstan;
- at the organization of elections of members of institutions
of local government carry out a methodical management (manual)
of territorial electoral commissions and the control over their
activity.
- according to a population of administrative and territorial
units defines (determines) quantity (amount) elected from them
deputies of Mazhilis of Parliament and maslikhats.
- carry out other powers according to the legislation of Republic.
Territorial electoral commissions are regional (cities of republican
value and capital of republic), regional, city, regional electoral
commissions in city.
Territorial electoral commissions provide the organization and
elections of the President, deputies of Parliament andmaslikhats,
members of institutions of local government and are formed in
a structure of seven members. Regional electoral commissions are
formed by the decision of the Central electoral commission on
representation by akims of the areas (cities of republican value
and capital of republic). Subordinate territorial electoral commissions
are formed by the decision of higher territorial electoral commission
on presentation of corresponding akim.
Information on the membership of the territorial election commissions
on presidential elections, elections of the deputies to the Parliament
and Maslikhats shall be published in mass media but not later
than in ten days; and of the territorial commissions on elections
of the members to bodies of local self-government - not later
than in seven days after calling or announcement of such elections.
The corresponding territorial election commission shall:
- Ensure control over the execution of the Law on Elections on
the territory of an administrative and territorial area;
- Ensure preparation and holding of Presidential elections, elections
of the deputies to the Parliament and Maslikhats, members to bodies
of local self-government;
- Supervise activity of the subordinated territorial, district
and divisional election commissions; cancel and suspend their
decisions; distribute among them the funds of the Republican budget
allocated for conducting of election campaigns; control creation
of the required materials and technical conditions for activities
of district and divisional election commissions; consider applications
and petitions related to decisions and actions (inactivity) of
district and divisional election commissions; organise implementation
of decisions of the Central Election Commission by all election
commissions formed within the boundary of the corresponding administrative
and territorial area, resort to the body forming the election
commission or to the court with an application to cease the activity
of the election commissions that have committed infringements
of the present Constitutional Act;
- Eligible to hear to the reports of the election commissions,
the state bodies and organisations on the issues related to preparation
and holding of elections as well as to the reports of the public
association bodies in respect to the issue of observation of the
Law on Elections;
- Ensure holding of elections of the Senate deputies; register
the candidates to deputies to the Senate, their proxies, issue
for them the corresponding certificates; publish in mass media
information on registration of the candidates; prepare polling
places for voting, provide manufacturing of polling booths and
boxes for voting; sum up the results of voting at elections of
the Senate deputies and submit the minutes with the summary of
the results of voting to the Central Election Commission for registration
of the deputies to the Senate;
- Organise preparation and holding of elections of the President
and the deputies to the Mazhilis of the Parliament; supervise
organisation and holding of elections of deputies to the Senate
of the Parliament;
- Consider the issue of admission of political parties to participation
in elections of a part of deputies to the Mazhilis of the Parliament
to be elected under party lists;
- Form election districts on elections of deputies to the Mazhilis
of the Parliament; determine their general numbering and announce
the given information in mass media;
- Draft and submit to the Government of the Republic of Kazakhstan
an estimate of expenditures on conducting electoral campaign;
- Manage over election commissions on elections of the President,
deputies to the Parliament; cancel and suspend their decisions;
distribute among them the funds from the Republican budget allocated
for conducting of election campaigns; control creation of the
required material and technical conditions for the activities
of election commissions; consider applications and petitions related
to decisions and actions (inactivity) of the territorial and district
election commissions; conduct workshops with representatives of
political parties on organisation and holding of elections; implement
international co-operation in the area of electoral systems;
- Establish the form and text of the ballots for presidential
elections, the form of the ballots for elections of deputies to
the Parliament, Maslikhats and members to bodies of local self-government,
the order of their production, as well as the degree of security,
the forms of voter ’s lists (electors), a subscription sheet for
collection of electors’ signatures in support of presidential
candidates and collection of electors’ signatures in support of
candidates to deputies to the Senate, other election documents,
the form of vote boxes made of transparent material and samples
of seals of the election commissions, the order of storage of
election documents; provide production of ballots for presidential
elections and election of deputies to the Parliament and Maslikhats;
- Eligible to hear to the reports of the state bodies and organisations
on the issues related to preparation and holding of elections
as well as to the information of the bodies of public associations
on the issues of observance of the electoral legislation;
- Register candidates to the Presidents of the Republic of Kazakhstan,
their proxies, supply them with corresponding certificates, announce
in mass media reports on registration of candidates;
- Inform voters about the course of the electoral campaign on
presidential elections and elections of deputies to the Parliament,
periodically publish information bulletins;
- Summarise results of presidential elections and elections of
the deputies to the Parliament across the Republic of Kazakhstan,
register the elected President and deputies to the Parliament,
publish appropriate reports in mass media;
- Set and organise the second round voting and elections at the
presidential elections;
- Set second round elections of the deputies to the Parliament;
- Set elections of the Parliament deputies to replace the retired
members;
- Set the periodic and extraordinary elections of Maslikhats;
- At organization and holding of elections of Maslikhats and of
local government bodies, the Central election committee shall
exercise the methodological management of the territorial election
committees and control over eligibility of their activities to
the provisions and requirements of the present Constitutional
Law. At revealing of infringements of the present Constitutional
Law, the Central election committee will resort to the body that
forms the election committee or to the court with an application
to cease the activity of the corresponding election committee;
- The Central election commission, depending on the number of
the population of the administrative and territorial areas, shall
determine the number of the deputies of Mazhilis of the Parliament
and maslikhats to be elected on behalf of them;
- Places on the official web-site of the Central election committee
the normative legal acts on the election legislation, information
on timing and holding of elections and also on the results of
votes ’ counting at the last elections;
- Conducts a uniform electronic Registration register of citizens
- voters of the Republic of Kazakhstan;
- At holding of the elections using the electronic electoral system,
the Central election commission shall conduct trainings for the
members of the corresponding election commissions on application
of the named system;
- Through mass media shall organize trainings for the population
on use of the electronic electoral system at elections;
- Shall implement other authorities in compliance with the legislation
of the Republic of Kazakhstan.
The district election commissions provide for organization and
holding of elections of the deputies for Mazhilis of the Parliament
and Maslikhats in county constituencies. The district election
commissions are composed of seven members. The list of the members
for the district election commissions is published in mass media
not later than in ten days after calling or announcement of elections.
The district election commission shall:
- On the territory of a corresponding electoral district exercise
control over the execution of the Law on Elections;
- Organize holding of elections of the deputies to the Mazhilis
of the Parliament and to Maslikhats;
- Organize and coordinate the activity of the divisional election
commissions (local election commissions); cancel and suspend their
decisions; control creation of the required materials and technical
conditions for the activity of the divisional election commissions
(local election commissions); consider applications and petitions
in relation to the decisions and actions (inactivity) of the divisional
election committees (local election committees). At revealing
of infringements of the present Constitutional Law, it will resort
to the body that forms the election commission or to the court
with an application to cease the activity of such an election
commission;
- Register the proposed candidates in deputies of Mazhilis of
the Parliament and Maslikhats, their proxies, issue for them the
corresponding certificates and publish in the local mass media
announcements on registration of candidates;
- Control timeliness and correctness of making the electoral registers
and submission of them for general information;

- Ensure provision of the divisional election commissions (local
election commissions) with ballots;
- Have the right to hear to the reports of divisional election
commissions and of the state bodies and organizations located
on the territory of the district on the issues related to preparation
and holding of elections, and also to hear to information of the
bodies of public associations in respect to the issues of observance
of the Law on Elections;
- Receive from divisional election commissions the minutes on
the results of voting, on their basis determines the election
returns in the district and ensure publication of announcements
about it in mass media;
- Hold a repeated voting, repeated elections and elections to
replace the retired deputies of Mazhilis of the Parliament;
- Conduct repeated elections and elections to replace the retired
deputies of Maslikhats;
- Execute other authorities in compliance with the legislation
of the Republic of Kazakhstan.
The divisional election commissions ensure organization and holding
of elections of the President, deputies of Mazhilis of the Parliament
and Maslikhats, members of the local government bodies in the
corresponding electoral districts. The divisional election commissions
are composed of seven members. The information about the membership
of the divisional election commissions on presidential elections,
elections of the deputies of the Parliament and Maslikhats is
published in mass media not later than in seven days, and of the
territorial commissions on elections of members for the local
government bodies - not later than in three days after calling
or announcement of elections.
The divisional election commission shall:
- In the polling station conduct election actions on presidential
elections, elections of the deputies of Mazhilis of the Parliament,
Maslikhats and members for the local government bodies;
- Notify voters on location of the divisional election commission;
- Specify the electoral register of the corresponding polling
station;
- Familiarize the citizens with the electoral register, consider
applications about errors and discrepancies in the registers and
solve the issues of entering of the appropriate alterations into
them;
- Notify voters about the day, time and place of voting;
- Arrange the premises, ensures manufacturing of polling boots
and urns for voting;
- Organize voting in the polling station on the day of elections;
- Conduct counting of votes and defines the results of voting
in the polling station;
- Consider applications and petitions in respect to the issues
of preparation and organization of voting and make decisions concerning
them;
- Exercise other authorities according to the legislation of the
Republic of Kazakhstan.
The Constitutional Act of the Republic of Kazakhstan "On
the Election in the Republic of Kazakhstan" strictly determines
the status of the member of the election commission. He should
be informed on the meetings of corresponding election commission
beforehand.
The member of the election commission has the right to speak up
at the meetings of the election commission, to make proposals
in respect to the issues that are within the competency of the
corresponding election commission, and to require voting in their
respect, he has the right to ask other participants of the meeting
any questions as regards the issues on the agenda and to receive
answers to the point, as a member of the election commission,
he or she enjoys the right to get access to the documents and
materials of the election commission and to receive their authentic
copies.
The member of the election commission is released from his/her
responsibilities under the decision of the body which has formed
the election commission, in the following cases: submission of
an application to excuse him/her from fulfillment of the assigned
responsibilities at his/her resignation; loss of citizenship in
the Republic of Kazakhstan; coming into force in respect to him/her
of the conviction of the courts; coming into legal force of the
court ’s decision about acknowledgement of him/her incapable,
as untraceable or announcement of him/her as dead.
Members of the territorial, district and divisional election commissions
can at their will under the resolution of the commission be freed
from executing of the production or official duties for the period
of preparation and holding of the elections with reservation of
their right for average wage covered at the expense of the funds
allocated to hold the elections.
The candidate to the Presidents, deputies to the Parliament, Maslikhats,
and members to bodies of local self-government as well as the
proxies of candidates cannot be members of election commissions.
A husband (a wife) and close relatives of the candidates as well
as the persons who are directly subordinated to the candidates
cannot be members of the election commissions that ensure a direct
organisation and conducting in the electoral district of elections
in which the given candidate is participating. The indicated persons
are dismissed from execution of their duties as a member of the
election commission since the day of registration of the corresponding
candidate.




