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| Chapter 1 :: General provisions |
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Article 1. The relations regulated by the present Constitutional Act
The present Constitutional Act regulates the relations arising during preparation and holding of the Elections of the President of the Republic of Kazakhstan, elections of the Senate and Mazhilis deputies of the Parliament, deputies of maslikhats and members of other local self-administration bodies of the Republic of Kazakhstan, as well as stipulates the guaranties ensuring freedom of declaration of their will by the citizens of the Republic.
Article 2. Freedom of elections
The elections in the Republic of Kazakhstan are based on the principle of a free implementation by the citizen of the Republic of Kazakhstan of his/her right to vote and to be elected
Article 3. Principles of the election franchise
1. Elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of other local self-administration bodies of the Republic are conducted on the basis of universal, equal and direct suffrage by secret ballot.
2. Elections of the Senate deputies for the Parliament of the Republic are conducted on the basis of indirect suffrage by secret ballot.
3. Participation of the citizens of the Republic in elections is voluntary. Nobody has the right to force a citizen of the Republic to participate or not to participate in elections, and as well as to limit his/her declaration of will
Article 4. The universal election franchise (suffrage)
1. The universal election franchise - 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 capacity and property status, sex, race, nationality, language, relation to religion, belief and faith, place of residence or any other circumstances.
2. The eligibility is the right of the Republic citizens to be elected the President of the Republic of Kazakhstan, deputy of the Republic Parliament, of maslikhat or a member of other local self-administration body.
3. The citizens recognized by the court as legally incapable, including the citizens kept in places of confinement under the court sentence do not participate in elections.
4. A person with a prior conviction not cancelled or withdrawn in the statutory order can not be a candidate to the President of the Republic of Kazakhstan, in deputies of the Parliament of the Republic of Kazakhstan, under party lists, maslikhats and also as a candidate in members of local self-administration bodies.
Article 5. The equal franchise (suffrage)
1. Voters participate in Elections of the President of the Republic of Kazakhstan, in elections of deputies of Mazhilis of the Parliament elected based on party lists and maslikhats of the Republic on equal basis and each of them enjoys one vote per one ballot.
2. Voters participate in elections of members of other local self-administration bodies of the Republic on equal basis and each of them enjoys an equal number of votes.
3. The candidates are guaranteed equal rights and conditions for participation in elections.
Article 6. The direct suffrage (election franchise)
The President, deputies of Mazhilis of the Parliament and maslikhats, members of other local self-administration bodies of the Republic are elected by citizens directly.
Article 7. The electoral choice (indirect election franchise)
1. Electors - the citizens of the Republic who are deputies of maslikhats shall participate in elections of the Senate deputies of the Parliament.
2. Electors participate in elections of the Senate deputies on equal basis and each of them has one vote at elections of the Senate deputy.
3. (Excluded).
Article 8. Secret voting
Voting during the Elections of the President of the Republic of Kazakhstan, elections of the deputies of the Parliament and maslikhats, members of other local self-administration bodies of the Republic is secret and, hence, excludes any possibility of exercising any control over declaration of voters’ will.
Article 9. Electoral systems
1. The following vote-counting system shall be applied during elections of the President, deputies of the Senate and also deputes of the Mazhilis of the Parliament elected by the Assembly of the People of Kazakhstan.
1) (Excluded);
2) The candidate is considered to be elected if:
- The candidate has collected more than fifty percent of votes of voters (electors) who have taken part in voting;
- The candidate who at a repeated voting in comparison with the other candidate has collected the greater poll of voters (electors) who have taken part in voting.
1-1. Mazhilis deputies of political parties shall be elected for the single national electoral district based on party lists.
2. At elections of deputies of the maslikhats, the candidate is considered to be elected if in comparison with other candidates he/she has collected the greater poll of the voters who have taken part in voting.
3. The following system of votes’ counting is applied at elections of members of other local self-administration bodies:
1) (Excluded);
2) The candidates are considered to be elected if the majority of the voters who have taken part in voting (voters) have voted for them in comparison with other candidates.
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