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| Chapter 1 :: General provisions |
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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 of the Republic of Kazakhstan, deputies of the Senate and the Mazhilis of Parliament, the maslikhats and members of other local self-government bodies of the Republic of Kazakhstan, and establish the guaranties ensuring a free expression of the will of citizens of the Republic.
Article 1 includes 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 free implementation by a citizen of the Republic of the right to vote and to be elected.
Article 3. Principles of the suffrage
1. Election 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 secret ballot.
2. Election of deputies of the Senate of Parliament of the Republic shall be conducted on the basis of indirect suffrage by secret ballot.
3. Participation of the citizens of the Republic in elections shall be voluntary. Nobody shall be eligible to force a citizen of the Republic to participate or not to participate in elections and to restrict his/her will.
Article 3 includes 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 suffrage is the right of citizens of the Republic to take part in the voting at elections upon reaching the age of eighteen years old irrespective 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 is the right of citizens of the Republic 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.
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 established by law order;
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 the Presidents 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.
Article 4 includes 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 election of the President, deputies of the Mazhilis of Parliament to be elected based on 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 the participation in elections.
Article 5 includes the changes introduced by the Constitutional Act 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 and 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. (excluded).
Article 7 includes the changes introduced 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.
Article 8 includes 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 election 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) (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) (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 includes the changes introduced by the Constitutional Act 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.
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