The Constitutional Law of the Republic of Kazakhstan «On elections in the Republic of Kazakhstan» As of September 28, 1995 № 2464
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The Constitutional Law of the Republic of Kazakhstan
On elections in the Republic of Kazakhstan
As of September 28, 1995 № 2464

 

Also: version 2004

 

* The title is in edition of the Constitutional Act of the Republic of Kazakhstan of 6 May 1999 No. 375-I; preamble is excluded by the same law.

 

 

I. GENERAL PART

Chapter 1. General provisions

Article 1. Relations regulated by this Constitutional Act

This Constitutional Act shall regulate the relations arising from preparation for and conduct of the election 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 guaranties ensuring a free expression of the will of citizens of the Republic.

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Article 1 is with the changes, introduced by the Constitutional Act of RK of 19 June 2007 No. 268-III.

Article 2. Freedom of elections

Election in the Republic shall be based on the free implementation by any citizen of the Republic of the right to vote and to be elected.

Article 3. Principles of the suffrage

1. Elections of the President, deputies of the Mazhilis of Parliament and maslikhats, members of other local self-government bodies of the Republic shall be conducted on the basis of universal, equal and direct suffrage by the secret ballot.

2. Election of deputies of the Senate of Parliament of the Republic shall be conducted on the basis of indirect suffrage by the secret ballot.

3. Participation of the citizens of the Republic in elections shall be voluntary. No one shall be eligible to force a citizen to take part or not to take part in elections and to restrict his/her will.

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Article 3 is with the changes, introduced by the Constitutional Acts of RK of 6 May 1999 No. 375-I; 19 June 2007 No. 268-III.

Article 4. Universal suffrage

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, ethnic origin, language, relation to religion, belief and faith, place of residence or any other circumstances.

2. Eligibility to be elected as a President of the Republic of Kazakhstan, a deputy of the Parliament of the Republic of Kazakhstan, maslikhat or a member of other local self-government body shall be the right of citizens of the Republic.

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.

4.

1) A person with a prior conviction, which has not been cancelled or withdrawn in the order established by law;

2) a person, who has been found guilty of committing corruption crime or offense by the court in the order established by law,

shall not be a candidate to President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, including by the party lists, maslikhats as well as a candidate to members of other local self-government bodies.

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Article 4 is with the changes, introduced by the Constitutional Acts of RK of 8 May 1998 No.222-I; 6 May 1999 No.375-I; 14 April 2004 No. 545-II; 15 April 2005 No. 44-III; 19 June 2007 No. 268-III, 9 February 2009 No. 124-IV.

Article 5. Equal suffrage

1. Voters shall take part in the elections of the President, deputies of the Mazhilis of Parliament to be elected on the basis of the party lists and the maslikhats of the Republic on equal basis and each of them shall have one vote per one ballot.

2. Voters shall take part in the election of members of other local self-government bodies of the Republic on equal basis and each of them shall have an equal number of votes.

3. The candidates shall be guaranteed with equal rights and conditions for participation in elections.

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Article 5 is with the changes, introduced by the Constitutional Acts of RK of 6 May 1999 No. 375-I; 14 April 2004 No. 545-II; 19 June 2007 No. 268-III.

Article 6. Direct suffrage

The President, deputies of the Mazhilis of Parliament and maslikhats, members of other local self-government bodies of the Republic shall be elected by citizens directly.

Article 7. Indirect suffrage

1. Electors - the citizens of the Republic as the maslikhat deputies - shall take part in the election of deputies of the Senate of Parliament.

2. Electors shall take part in the election of Senate deputies on the equal basis and each of them shall have one vote at the election of a Senate deputy.

3. (The clause is excluded by the Constitutional Act of RK of 8 May 1998 No. 222-I).

Article 8. Secret ballot

Voting at the election of the President, deputies of the Parliament and maslikhats, members of other local self-government bodies of the Republic shall be secret, which shall rule out any possibility of any control over the expression of voters’ will.

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Article 8 is with the changes, introduced by the Constitutional Act of RK of 19 June 2007 No. 268-III.

Article 9. Electoral systems

1. The following system for vote count shall be applied at the elections of the President, deputies of the Senate and deputes of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan:

1) (The clause is excluded by the Constitutional Act of RK of 6 November 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;

- in comparison with the other candidate collected more votes of voters (electors) taken part in the rerun of a vote.

1-1. Deputies of the Mazhilis of Parliament from the political parties shall be elected by party lists in the single countrywide electoral district.

2. At elections of maslikhat deputies the candidate, who in comparison with other candidates has collected more votes of the voters taken part in the voting shall be considered as elected.

3. The following vote count system shall be applied at the election of members of other local self-government bodies:

1) (The sub-clause is excluded by the Constitutional Act of RK of 6 May 1999 No. 375-I).

2) the candidates, who in comparison with other candidates have collected more votes of voters taken part in the voting, shall be considered as elected.

Article 9 is with the changes, introduced by the Constitutional Acts of RK of 6 November 1998 No. 285-I; 6 May 1999 No.375-I; 14 April 2004 No. 545-II; changes and additions made by the Constitutional Act of RK of 19 June 2007 No. 268-III.

Chapter 2. Election bodies

Article 10. Election bodies, their system and term of office

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) district election commissions;

4) precinct election commissions.

3. The term of office of election commissions shall be five years. Territorial, district and precinct election commissions shall be elected by the corresponding

maslikhats on the basis of the proposals of political parties.

Each political party shall be eligible to nominate one candidature to the corresponding election commission. A political party shall be eligible to nominate to an election commission a nominee who is not a member of the given political party.

If political parties have not submitted any proposals in a time-limit fixed by a maslikhat, which must not exceed one month prior to the term for the formation of the election commissions, a maslikhat shall elect the election commission on the basis of the proposals of other public associations and the superior election commissions.

The persons nominated to the election commission shall submit an application with their consent to work in the commission. The chairperson, deputy chairperson and secretary of the election commissions shall be elected at the first meeting of the election commission.

Formation of the new election commission shall be started not later than 2 months and finished not later than 3 days before expiration of the term of office of the election commissions.

The bodies forming election commissions shall be eligible to introduce changes in their composition during the term of office of such election commissions.

4. Decisions on the formation of election commissions, their composition and location shall be announced in mass media.

5. 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.

6. Interference in the work of election commissions during the exercise of their authorities shall be prohibited.

7. The activity of the election commission can be terminated by the decision of the body forming the election commission or by a court decision on the basis of an application of the superior election commission.

8. A member of an election commission cannot be deprived of his/her authorities, except the cases mentioned in clauses 6 and 7 of Article 19 of this Constitutional Act.

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Article 10 is with the changes, introduced by the Constitutional Act of RK of 14 April 2004 No. 545-II.

Article 11. Central Election Commission of the Republic of Kazakhstan

1. Central Election Commission shall head the single system of the election commissions of the Republic of Kazakhstan and operate as a permanent body.

2. 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.

3. (The clause is excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III).

4. Central Election Commission shall have its own personnel.

5. Expenses on the maintenance of the Central Election Commission and its personnel shall be covered from the republican budget.

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Article 11 is with the changes, introduced by the Constitutional Acts of RK of 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.

Article 12. Authorities of the Central Election Commission of the Republic of Kazakhstan

The Central Election Commission shall:

1) implement in the territory of the Republic of Kazakhstan control over implementation of election legislation; ensure its uniform application; within the limits of its authority take the decisions to be mandatory for implementation in the entire territory of the Republic;

2) 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;

2-1) consider the issue on the admission of political parties to the participation in elections of deputies of the Mazhilis of Parliament to be elected on the basis of the party lists;

3) (The sub-clause is excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III). 3-1) (The sub-clause is excluded by the Constitutional Act of RK of 14 April 2004 No. 545-II).

4) Draft and submit to the Government of the Republic an estimate of expenditures on the conduct of electoral campaign;

5) administer the management over election commissions at elections of the President, deputies of the Parliament; cancel and suspend their decisions; distribute among them the funds from the republican budget allocated for the conduct of electoral campaigns; control creation of the required material and technical conditions for the activities of election commissions; consider applications and appeals related to decisions and actions (inactivity) of the territorial and district election commissions; organize an explanation of the election legislation; conduct workshops with representatives of political parties and other participants in the electoral process on organization and conduct of elections; implement international cooperation in the area of electoral systems;

6) establish the form and text of the ballot paper at elections of the President, the form of the ballot paper at elections of deputies to the Parliament, maslikhats and members of other local self-government bodies, the order of their production as well as the degree of security, the forms of the voter (elector) registers, the subscription lists for the collection of voters’ signatures to support the candidates to President and collection of electors’ signatures to support the candidates to the Senate deputies, other election documents, the form of ballot-boxes made of transparent material and samples of seals of the election commissions, the order of storage of election documents; ensure production of ballot papers at elections of the President and deputies of the Parliament and maslikhats;

6-1) organize the production, determine the procedure for issuing and recording absentee voter certificates;

7) shall be eligible to hear to the reports of the state bodies and organizations on the issues related to preparation and conduct of elections as well as the information of public associations on the issues of observance of the election legislation;

8) Register candidates to President of the Republic, grant them with the corresponding certificates, publish the communication on registration of candidates in mass media;

9) inform voters about the electoral campaign at elections of the President and deputies to the Parliament, periodically issue information bulletins;

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;

11) appoint and organize conduct of the rerun of a vote and a re-run of election of the President;

12) appoint a re-run of election of the Parliament deputies;

13) appoint a by-election of the Parliament deputies;

14) appoint the regular and early elections to maslikhats;

15) during organization and conduct of elections of maslikhats and other local self-government bodies ensure methodological guidance for the territorial election commissions and as well as supervision of their activities on the compliance with the provisions and requirements of this Constitutional Act. In the case of revealing the infringements of this Constitutional Act appeal to the body that forms the election commission or to the court with an application to cease the activity of the corresponding election commission;

16) according to the number of the population of the administrative-territorial units determine the number of the maslikhat deputies to be elected by them;

16-1) place on the official website (Internet- resource) of the Central Election Commission the legal acts on the election legislation, information on the appointment and conduct elections as well as on the results of vote count at the elections;

16-2) conduct a single electronic register of citizens - the voters of the Republic of Kazakhstan;

16-3) during conduct of elections with the use of electronic electoral system conduct training of members of the corresponding election commissions on their application;

16-4) through mass media organize training for the population on the use of the electronic electoral system at elections;

17) exercise other authorities in compliance with the legislation of the Republic of Kazakhstan.

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Article 12 is with the changes, introduced by the Constitutional Acts of RK of 6 May 1999 No.375-I; 14 April 2004 No. 545-II; changes and additions, introduced by the Constitutional Acts of RK of 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.

Article 13. Territorial election commissions

Territorial election commissions shall be the election commissions of oblasts (cities of the republican status and the capital of the Republic), regions, cities and districts in the cities.

2. The territorial election commissions shall:

1) ensure organization and conduct of elections of the President, deputies of the Parliament and maslikhats, members of other local self-government bodies;

2) be formed of seven members.

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

4. Information on the membership in the territorial election commissions at elections of the President, deputies of the Parliament and maslikhats shall be published in mass media not later than in ten days, and in the territorial commissions on elections of the members of other local self-government bodies not later than in seven days after appointment or announcement of such elections.

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Article 13 is in edition of the Constitutional Act of RK of 6 May 1999 No.375-I; changes are introduced by the Constitutional Acts of RK of 14 April 2004 No. 545-II, 19 June 2008 No. 268-III.

Article 14. Authorities of the territorial election commission

The corresponding territorial election commission shall:

1) supervise implementation of election legislation in the territory of an administrative-territorial unit;

2) ensure preparation and conduct of elections of the President, deputies of the Parliament and maslikhats, members of other local self-government bodies;

2-1) register proxies of candidates to President, political parties, which have nominated their party lists, and issue corresponding certificates to them;

3) administer the activities of the subordinated territorial, district and precinct election commissions; cancel and suspend their decisions; distribute among them the funds of the republican budget allocated for conduct of electoral campaigns; control creation of the required materials and technical conditions for activities of district and precinct election commissions; considers applications and appeals related to decisions and actions (inactivity) of district and precinct election commissions; organize implementation of decisions of the Central Election Commission by all election commission formed within the boundary of the corresponding administrative-territorial unit, appeal 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 violation of this Constitutional Act;

4) be eligible to hear to the reports of the election commissions, the state bodies and organizations on the issues related to preparation and conduct of elections as well as the reports of the public associations on the issues related to the implementation of the election legislation;

5) ensure conduct of elections of the Senate deputies; register the candidates to the Senate deputies, their proxies, issue the corresponding certificates to them; publish in the mass media the communication on registration of candidates; prepare polling stations, ensure manufacturing of the polling booths and ballot-boxes; sum up the voting results at elections of the Senate deputies and submit the protocols with the summary of the voting results to the Central Election Commission for registration of the Senate deputies;

6) form election districts at elections of maslikhat deputies and publish their list, notify voters on the locations of their election commissions;

6-1) establish a uniform numbering of electoral districts;

7) ensure production of ballots at elections of the members of other local self-government bodies, except maslikhats;

8) receive from district election commissions the protocols on registration of candidates to deputies of the corresponding maslikhats and ensure publication by the district election commissions of the lists of the registered candidates;

9) sum up the election results of maslikhat deputies, register the elected deputies and publish announcements about it in the mass media, submit to the Central Election Commission the protocols on vote count in the corresponding constituencies and electoral districts for the publication of them at the official web-site of the Central Election Commission;

10) organize rerun of a vote, re-run of election and by-election of deputies to the Senate and maslikhats;

11) appoint and organize election, re-run of election and by-election of the members of other local self-government bodies, except maslikhats; fulfill the functions of the district election commission at election of members of other local self-government bodies, except maslikhats located in the territory of the corresponding administrative-territorial unit; register the candidates to members of other local self-government bodies, except maslikhats, their proxies, issue the corresponding certificates to them; publish in local mass media information on registration of candidates; sum up the election results of the members of other local self-government bodies, except maslikhats and publish in local mass media information on the election results;

12) execute other authorities in compliance with the legislation of the Republic of Kazakhstan.

Article 14 is with the changes, introduced by the Constitutional Acts of RK of 6 May 1999 No.375-I; 14 April 2004 No. 545-II; 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.

Article 15. District election commissions

1. District election commissions shall ensure organization and conduct of elections of maslikhat deputies in the constituencies.

2. District election commissions shall consist of seven members.

3. The list of members of district election commissions shall be published in mass media not later than in ten days after appointment or announcement of elections.

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Article 15 is in edition of the Constitutional Act of RK of 6 May 1999 No.375-I; changes are introduced by the Constitutional Acts of RK of 14 April 2004 No. 545-II, 19 June 2007 No. 268-III.

Article 16. Authorities of the district election commission

District election commission shall:

1) supervise implementation of election legislation in the territory of a corresponding electoral district;

2) organize conduct of elections of maslikhat deputies;

3) organize and coordinate the activity of the precinct election commissions; cancel and suspend their decisions; control creation of the required material and technical conditions for the operation of the precinct election commissions; consider appeals and appeals in relation to the decisions and actions (inactivity) of the precinct election commissions. In case of revealing the infringements of this Constitutional Act, apply to the body that forms the election commission or to the court with an appeal to cease the activity of such an election commission;

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

5) register the nominated candidates to maslikhat deputies, their proxies, issue the corresponding certificates to them and publish announcements on registration of candidates in the local mass media;

6) control timeliness and correctness of the compiled voter registers and submission of them for public formalization;

7) ensure supply of ballot papers to the precinct election commissions;

8) be eligible to hear to the reports of precinct election commissions, state bodies and organizations located in the territory of the district on the issues related to the preparation and conduct of elections as well as to hear to information of public associations on the issues related to implementation of election legislation;

9) receive from precinct election commissions the protocols on the voting results, on their basis determine the election results in the district and ensures publication of announcements about it in mass media;

10) (The sub-clause is excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III);

11) conduct re-run of election and by-election of maslikhats;

12) exercise other authorities in compliance with the legislation of the Republic.

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Article 16 is with the changes, introduced by the Constitutional Acts of RK of 14 April 2004 No. 545-II, 19 June 2007 No. 268-III.

Article 17. Precinct election commissions

1. The precinct election commissions shall ensure organization and conduct of elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of other local self-government bodies in the corresponding electoral districts.

The precinct election commissions shall consist of seven members.

2. The information about the membership in the precinct election commissions at elections of the President, deputies of the Parliament and maslikhats shall be published in mass media not later than in seven days, and in the territorial commissions at elections of members of other local self-government bodies not later than in three days after appointment or announcement of elections.

Article 17 is in edition of the Constitutional Act of RK of 6 May 1999 No.375-I; the changes are introduced by the Constitutional Act of 14 April 2004 No. 545-II.

Article 18. Authorities of the precinct election commissions

Precinct election commission shall:

1) conduct electoral campaign in the electoral district at elections of the President, deputies of the Mazhilis of Parliament, maslikhats and members for other local self-government bodies;

2) notify voters about location of the precinct election commission;

3) define more exactly the register of voters of the corresponding election district;

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 alterations;

5) notify the voters about the day, time and place of voting;

6) arrange the premises, ensure manufacturing of polling booths and ballot-boxes;

7) organize the voting in the electoral district on the day of elections;

8) conduct vote count and define the voting results in the electoral district;

9) consider appeals and appeals in respect to the issues of preparation and organization of voting and take the decisions concerning them;

10) exercise other authorities according to the legislation of the Republic.

Article 18 is with an amendment, introduced by the Constitutional Act of RK of 14 April 2004 No. 545-II.

Article 19. Status of an election commission’s member

1. The members of the election commissions shall be representatives of the state bodies and shall be under the state protection.

2. The legal status of the election commission members stipulated by the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan.

2-1. A person with a previous conviction that has not been cancelled or removed in the order established by the Law; a person admitted by the court as incapable or partially incapable, can not be a member of the election commission.

3. Chairperson, members of the Central Election Commission and employees of its office shall exercise their authorities on the professional and permanent basis.

A chairperson of the election commission shall represent the interests of the commission in the courts and other state bodies, also be eligible to delegate to other persons the powers to represent the interests of the election commission by issuing them with the relevant letter of attorney.

4. The members of the election commission that are not listed in clause 3 of this Article during conduct of elections cannot be dismissed from their work or transferred to other work by the initiative of the employer without their consent.

5. A member of the election commission shall:

1) be notified about the meetings of the corresponding election commission forty eight hours earlier, except for the cases that require an immediate decision-making;

2) be eligible 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;

3) be eligible to ask to other participants of the meeting any questions according to the agenda and to receive answers to the point;

4) be eligible to inspect the documents and materials of the election commission, which he/she represents, and to obtain their certified copies;

5) supervise the activities of the subordinate election commission upon authorization confirmed by three quarters of votes of the members of the election commission, which he/she represents;

6) be obliged to respect the requirements of the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan, the generally accepted ethical standards;

7) be obliged to fulfill the assigned to him/her responsibilities, decisions and instructions of the election commission and its chairperson, the superior election commission;

8) be obliged to ensure the observance and protection of electoral suffrages and legal interests of the citizens, demonstrate impartiality and independence at decision-making as well as abstain from a public evaluation of the activities of candidates and the political parties which have nominated the party list;

9) not be bound by the decisions of the political party, which he/she represents, or other public association and not be eligible to defend their interests.

6. The member of the election commission shall be released from his/her duties upon expiration of the fixed term of the authorities of the election commission, cessation of its activity as well as by the decision of the body which has formed the election commission, in the case of:

1) submission of an application on the exemption of duties by his/her own will;

2) loss of citizenship of the Republic of Kazakhstan;

3) departure to the permanent place of residence outside of the given administrative-territorial unit where the corresponding election commission has been formed;

4) come into effect of the judgement of guilty of the court in respect to him/her;

5) come into effect of the court’s decision in respect to him/her on legal incapability, partial incapability, missing or announcement of him/her as decedent;

6) his/her death. A member of the territorial, district and precinct election commission shall be released from

his/her duties in the case if the political party which has nominated such a member has ceased its activities.

The adoption in the order established by the laws of the Republic of Kazakhstan of the decision on the dissolution of the political party shall be a basis for exemption from duties of the members of the territorial, district and precinct election commissions, which have been nominated by this political party.

7. In the case of numerous infringements by a commission’s member of official powers or the requirements of this Constitutional Act, he/she shall be dismissed from the position by the body, which forms the election commission.

8. The superior election commission shall nominate a member of the election commission to replace the retired member of the election commission before the election of the commission’s member by a body forming an election commission in the order established in Article 10 of this Constitutional Act.

9. The election commission shall not consist of employees from one and the same organization.

10. A member of the election commission must live in the territory of administrative-territorial unit, where the corresponding commission is located.

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Article 19 is with changes, introduced by the Constitutional Acts of RK of 4 April 2004 No. 545-II; 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.

Article 20. Arrangement of the election commissions’ activities and appeals against their actions. Publicity in the activities of election commissions.

1. Election commissions shall act on the basis of the principles of collegiate style, publicity and transparency.

2. The first meetings of the commissions shall be convened:

1) in respect to the Central Election Commission - by the Chairperson of the commission within fourteen days after the commission’s formation;

2) in respect to subordinate election commissions - by the chairpersons of the superior election commissions not later than seven days after their formation.

3. In the course of preparations for and conduct of electoral campaign the meeting of commissions shall be convened at least once in two weeks. Otherwise, the meeting of a commission shall be convened by the initiative of the chairperson or at least one third of the commission’s members.

4. Meetings of the election commissions shall be legally qualified if they are attended by at least two thirds of the total number of the commission’s members.

5. Decisions of commissions shall be adopted through an open vote by a majority of total number of their members apart of other cases stipulated by this Constitutional Act. Members of an election commission, who disagree with its decision, shall be eligible to express their individual opinion, which shall be without delay brought to the notice of the superior election commission and attached in written form to the minute of the commission’s meeting.

6. Election commissions shall create the conditions for free access for all individuals with own decisions, which shall be placed in public telecommunication networks and in the cases stipulated by this Constitutional Act shall be subject for publication in other way.

The political parties, which do not have their representative in the composition of election commission, shall be eligible to delegate to the corresponding election commission their representative with the right of a consultative vote for the period of preparation for and conduct of electoral campaign.

A representative of a political party with the rights of a consultative vote shall be eligible to speak at the meeting of an election commission, make proposals on the issues within the competence of an election commission, appeal against actions (inaction) of the election commission to a superior election commission or a court.

7. Candidates, proxies, observers and mass media representatives upon submission of a certificate of employment and the editor’s assignment shall be eligible to attend meetings of election commissions.

The candidates to deputies, political parties, which have nominated their party lists, when considering the issues affecting them shall be notified about meetings of the corresponding election commission and their agenda in advance.

Presence in the premise of the election commission of unauthorized persons, who are not involved in the electoral process, shall be prohibited.

8. On Election Day since the opening of polling stations and till determination of voting results at the vote count the following persons shall be eligible to be present at the same time at the polling station: one proxy of each candidate and political party; one representative of each mass media upon submission of a certificate of employment and the editor’s assignment; one observer representing each political party, other public associations, other non-governmental organizations of the Republic of Kazakhstan and observers of foreign states and international organizations.

9. Decisions or actions (inaction) of an election commission can be appealed to a superior election commission and/or to a court within ten days from the day of making such a decision or action (inaction), unless other deadlines for appeals have not fixed in this Constitutional Act. Upon expiration of the above mentioned deadlines appeals against decisions and actions (inaction) of an election commission shall not be considered.

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