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| Chapter 6 :: Financing of elections |
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Article 33. The state financing of elections
1. Elections of the President of the Republic of Kazakhstan, election of the deputies of the Parliament, except for deputies of Mazhilis of the Parliament, elected on the basis of party lists, Maslikhats, members of other local self-administration bodies are funded from the funds of the Republican budget through the accounts of local executive bodies opened specifically for these purposes. The territorial election committers command the funds that are transferred to the above named accounts from the Republican budget. The order of financing is established by the Republic budgetary legislation .
2. The following expenses shall be covered from the funds of the Republican budget:
1) For organization and activity of election commissions, rent of premises, travel and living allowances, wage of advisers, experts, members of the linguistic commission;
2) Statements of candidates, except for the candidates who stand for elections under the party lists, in mass media according to item 3 of article 28 of the present Constitutional Act;
3) The costs of conducting of public pre-election actions of candidates and issue of propaganda materials of candidates, except for the candidates who stand for elections under the party lists, shall be covered in accordance with items 4 and 5 of article 28 of the present Constitutional Act;
4) Transportation costs of candidates, except for the candidates who stand for elections under the party lists, shall be covered in the size established by the Central election commission.
5) Production of information posters about candidates for presidency, deputies of the Parliament Senate and Maslikhats, members of other local self-administration bodies and also political parties, which have nominated party lists to be placed in the premises of an election commission and voting premises.
3. Financing of elections in the Republic on the part of international organizations and international public associations, foreign state bodies, foreign juridical persons and citizens, and also stateless persons, any their direct or indirect participation in financing of elections in the Republic of Kazakhstan is forbidden.
4. (Excluded).
Article 34. Non-state financing of elections
1. Pre-election campaigns of candidates on Elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and deputies of Maslikhats can be funded from the election funds formed in compliance with the procedure established by the present Constitutional Act.
2. The election funds are subject to the state registration in the order established by the legislation.
3. The election funds are formed of the following sources:
1) Personal funds of candidates in deputies of the electoral districts, the funds of political parties;
2) The 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-administration bodies, charitable organizations, religious associations, the Kazakhstan juridical persons having foreign participation in their charter capital and also anonymous donations of natural and legal persons are forbidden.
4. Only the funds that have been received in a legal way can be transferred to the election funds. Information about the total sum of the money which has been received by the fund and of its sources is published in mass media within ten days after publication of the results of elections:
At Elections of the President of the Republic of Kazakhstan, election of deputies to Mazhilis of the Parliament of the Republic of Kazakhstan under the party lists – by the Central Election Commission;
At elections of deputies to the Senate of the Parliament – by the oblast (the city of the Republican significance and the capital) election commissions;
At elections of Maslikhat deputies – by district election commissions;
At elections of deputies of Mazhilis of the Parliament in respect to the candidates who stand for elections in a single member constituency and Maslikhats – by district election commissions.
5. The maximum size of the money resources which can be transferred to the election funds from the aforementioned sources shall be determined in the Special part of the present Constitutional Act. The money resources received above the established limit shall not be included in the election funds’ account number and shall be returned to the citizens and organizations that have donated the money. At that, the expenses connected to return of the indicated money are covered at the expense of the citizens and organizations that have contributed the funds. Anonymous donations shall be turned to the in the revenues of the Republican budget.
6. The money resources forming the election fund enter in a special temporary account opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income is charged or paid for the indicated account. The right for the title in the election fund for the purposes specified in the present Constitutional Act belongs exclusively to the candidate and the political parties which have put forward their party lists. The banks shall submit to the corresponding election commission a weekly report on entry of the funds in the special temporary accounts and on expenditures. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of expenditure of the money from the election funds and the corresponding financial institution shall be defined by the Central Election Commission.
7. In case of withdrawing by the candidate of his/her candidature, calling back by the political party of the party list or cancellation of the decision to nominate a candidate, a party list or registration of the candidate, the party list, the money resources which have been contributed to the election fund shall be immediately returned to the citizens and organizations that have contributed the named money. At that, the cost of returning the indicated finance shall be covered at the expense of the citizens and organizations that have contributed such funds.
8. All financial transactions including settlements with physical and legal entities , due deductions, taxes and other payments to the budget under special temporary accounts shall be stopped at 18 o'clock on the day proceeding the day of elections.
In case of a repeated voting the marginal sum of money to be allowed for transfer to the candidate’s election fund is increased 1.5 times.
At conducting of a repeated voting, the financial transactions under special temporary accounts of candidates in respect to whom the repeated voting is conducted shall be resumed on the day of call of a repeated voting and cease at eighteen o'clock on the day proceeding the day of elections.
The total sum of the money that has entered the election fund from the moment of its formation should not exceed the limits established by the present Constitutional Act.
9. Not later than in five days after establishment of the results of the elections, the candidate and the political party are obliged to present to the corresponding election commission a report on the draft of the funds from the election fund. The two thirds of the money resources from the election fund that have not been spent for the election campaign shall be transferred to the Republican budget, and one third shall be returned to the candidate and the political party.
10. Infringement by the candidate and the political party that has put forward its party list of the rules stipulated by items 1-8 of the present article, and also of the procedure on spending the funds from the election funds established by the Central Election Commission shall entail cancellation of the decision on registration of the candidate or the party list. After holding an election before registration of the candidate as the President, the deputy of the Parliament, the deputy of Maslikhat and member of other local self-administration bodies - declaration of the elections in the corresponding territory or district as null and void.
Article 35. Financing of the election events by election commissions
1. Financing of the election events for Elections of the President of the Republic of Kazakhstan, election of the deputies of the Parliament, Maslikhats and also members of other local self-administration bodies is carried out by the Central Election Commission.
2. The chairmen of the election commissions dispose of money resources and bear responsibility for conformity of the financial documents to the decisions of the election commissions on financial issues.
Article 36. Control over expenditure of the funds allocated on conducting of the election campaign
1. Control over expenditure by candidates of the funds from the Republican budget allocated for election campaigns is exercised according to the legislation of the Republic of Kazakhstan.
2. Control over expenditure of the funds from the election funds is exercised by the corresponding election commissions and financial institutions.
3. At suggestion of the corresponding election commissions, experts from the state bodies can be attracted to conduct the aforementioned control within their competency.
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