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| Chapter 9 :: Warranties of freedom of elections |
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Article 47. Warranties of activity of candidates during the election campaign
1. The candidates to the President, deputies of the Parliament, maslikhats from the date of their registration and till publication of the election returns have the right to be released from work, military service and military periodical trainings. The time of the candidates’ participation in elections is included in the years of service in the specialty area in which he/she has worked till the day of registration.
2. The candidates to the President, the deputies of the Parliament, maslikhats and the members of other local self-administration bodies since the date of their registration and till publication of the results of elections cannot be dismissed from their work, transferred to other work or position without their consent, and also sent on a business trip or invoked on military trainings.
3. The candidates to the President, deputies of the Parliament since the date of their registration and till publication of the results of elections and also till their registration as the President, the deputy of the Parliament without the consent of The Central Election Commission cannot be arrested, subject to a forcible arrest, measures of penalty under administrative law levied judicially, be made answerable for legal liability and also detained except for cases of detainment directly flagrante delicto (caught red-handed in the act) and committing of a grave crime.
Article 48. The activity of the state bodies on ensuring freedom of elections
1. The ballot day and the day preceding it shall be declared as a working day for the courts, services of the Prosecutor's Office and internal affairs and also organizations on maintenance of the housing stock.
2. The law-enforcement bodies and organizations on maintenance of the housing stock are obliged to render any assistance that the election commissions will need:
1) To ensure the public order and freedom of elections during conducting of the voting;
2) To clarify the electoral registers;
3) In respect to other issues that can arise on the day of the ballot in the activity of the election commissions.
3. If the election commission at check of the application submitted in its name finds it necessary to conduct a check of the circumstances indicated in the application by the law-enforcement bodies, then, the corresponding bodies under the request of the election commission will check such circumstances and make a decision in respect to the given application within three days from the date of receiving the given application and, if an application is received less than five days before the ballot day or on the ballot day – then, the decision will be made immediately.
Article 49. The appeal and cancellation of decisions and actions during the election campaign
Courts and the services of the Prosecutor's Office are obliged to accept applications from the members of the election commissions, citizens, representatives of the public associations registered in the statutory order concerning the issues of conducting the voting including the issues on infringements of the legislation on Elections that have been received during preparation and holding of the elections and shall consider them in a five-day’s term, while the applications received less than five days prior to the voting or on the ballot day shall be considered immediately.
Decisions and actions of the bodies of the local administration and local government, of enterprises and organizations, their officials offending the legislation on Elections, will be appealed in the court.
Courts, services of the Prosecutor's Office and the election commissions will organize their work during the election process, including the days off and the day of elections so that they can ensure reception and consideration of petitions within the terms established by the present Constitutional Act.
The applications from citizens and organizations about violation of the elective legislation shall be considered by the election commissions within five days since submission of a complaint, if it is not stipulated otherwise by the present Constitutional Act.
The complaints on decisions and actions (inactivity) taken by the election commission and its members are considered by the higher commission within three days from the date of the submission of a complaint, if it is not otherwise stipulated by the present Constitutional Act.
Article 50. The responsibility for infringement of the legislation of the Republic of Kazakhstan on Elections
1. The person bears the statutory criminal responsibility in case if he/she:
1) Intervenes in the work of the election commissions;
2) Hinders the process of voting;
3) Hinders execution of the duties related to registration of the candidate or party lists;
4) Hinders execution of the duties connected to counting of votes and determination of the results of elections;
5) Uses an advantage of his/her job or official position with the purpose of election of a certain candidate or a political party;
6) In case of fraud of election documents;
7) In case of a deliberately wrong counting of votes;
8) In case of a deliberately wrong determination of the election returns;
9) In case of infringements of secret vote;
10) Hinders a free accomplishment by the citizen of the Republic of the election franchise through violence, fraud, threats and payoff.
2. The person shall bear an administrative and other responsibility stipulated by the Laws of the Republic of Kazakhstan in the following cases:
1) In case of non-submission or non-publication of the data according to the provisions and requirements of the present Constitutional Act;
2) In case of a failure to comply with the decisions of the election commission accepted within its authorities;
3) In case of conducting of the pre-election campaign before registration of the candidate and the party list which has been put forward by the political party on the day of elections or the day preceding the elections;
4) If he/she hinders the execution of the right to conduct a pre-election campaign;
5) In case of a deliberate distribution of false data about the candidates, political parties or committing of other actions discrediting their honor and dignity;
6) If he/she breaches the rights of the members of the election commissions;
7) If he/she breaches the rights of the citizens for familiarization with the electoral register;
8) If he/she provides incorrect data about voters for constituting the electoral registers;
9) Gives out to the citizens the ballots to make them vote for other persons;
10) Does not provide a holiday to participate in voting;
11) In case of infringements of the conditions on holding the pre-election campaigns through mass media;
12) Publication or distribution of anonymous propaganda materials;
13) Intentional destruction or damage of propaganda materials;
14) If he/she renders a financial (material) support to the candidates and the political parties which have put forward their party lists in excess of their election funds;
15) Assumption of donations from foreign states, organizations, citizens and stateless persons for election of the candidate;
16) Infringements of the conditions for conducting of the poll connected to elections;
17) If he/she hinders the legal activity of the candidates’ proxies, political parties, representatives of mass media and observers at elections.
3. At revealing of the facts of infringements of the present Constitutional Act, the election commission has the right to resort to the court or the Prosecutor's office.
4. At infringement by the candidate, the political party of provisions and requirements of the present Constitutional Act except for those that make the basis for refusal or cancellation of registration of the candidate, they are to be warned, while at a repeated infringement the corresponding election commission will cancel the decision on registration of the candidate or the party list.
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