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| Chapter 10 :: Elections of the President of the Republic of Kazakhstan |
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Article 51. Regular elections of the President of the Republic
Regular elections of the President are conducted once in five years on the first Sunday of December of the corresponding year and cannot coincide by their terms with elections of a new membership of the Parliament.
Article 52. (Excluded by the Constitutional Act of the Republic as of November 6, 1998 ¹ 285-I).
Article 53. The announcement of the elections of the President of the Republic
1. The regular elections of the President are announced by Mazhilis of the Parliament not later than the second Sunday of September.
2. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of November 6, 1998 ¹ 285-I).
3. One and the same person cannot be elected as the President more than two times running.
This restriction shall not apply to the First President of the Republic of Kazakhstan.
Article 54. The requirements to candidates to the President of the Republic of Kazakhstan
1. To be elected as the President of the Republic of Kazakhstan, the citizen of the Republic should meet the requirements stipulated in item 2 of article 41 of the Constitution and also to enjoy an active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Act.
2. Eligibility of candidates to the President of the Republic of Kazakhstan to the requirements that are stipulated by the Constitution and the present Constitutional Act is determined by the Central Election Commission within five days from the moment of submission by the citizen of an application for self-nomination for the presidency or upon submissions of an abstract of the minutes of the supreme body meeting of the Republican public association on nomination of the candidate with enclosure of the candidate’s application confirming his/her consent to run for the presidency. At that, the Central Election Commission shall establish the fact of residence of the candidates to the President of the Republic of Kazakhstan during the past fifteen years in the Republic of Kazakhstan, while the procedure for determination of the fluent command by the candidate of the state language shall be determined by the resolution of the Central Election Commission in compliance with the act of the Constitutional Council of the Republic on the official interpretation of item 2 of article 41 of the Constitution.
3. (Excluded).
Article 55. Nomination of candidates to the President of the Republic of Kazakhstan
1. The right of nomination of candidates to the President belongs to the Republican public associations registered in the established order and also to the citizens - through self-nomination.
2. Nomination of candidates to the President begins since the day after the day of announcement and ends two months prior to elections.
3. The candidates to the President of the Republic of Kazakhstan are nominated by the Republican public associations on behalf of their supreme bodies. A public association has the right to put forward as candidates the persons who are not members of the given public association. A public association has the right to nominate only one candidate to President. The decision to nominate a candidate to President is accepted by a majority of voices of the Republican public association supreme body members with drawing up of an abstract from the minutes. The decision of the Supreme Body of the Republican public association:
1) Is brought to the notice of the candidate to the President;
2) Is submitted to the Central Election Commission with the application of the candidate to the President on his/her consent to run for the elections of the President of the Republic of Kazakhstan.
4. Self-nomination of a candidate to the President is made through submission of a corresponding application by him/her to the Central Election Commission.
5. If on the day of the end of the term for registration of candidates, less than two candidates to the President have been registered, the Central Election Commission extends the term of nomination of candidates but not for more than twenty days.
Article 56. Collection of signatures in support of the candidate to the President of the Republic of Kazakhstan
1. The support by voters of the candidate to the President is confirmed by collection of their signatures.
2. The candidate to the President should be supported by not less than one percent of the total number of voters, equally representing not less than two thirds of the oblasts, the city of the Republican significance and the capital of the Republic.
3. Collection of signatures in support of the candidate to the President will be organized by proxies and is validated by the subscription sheets issued by the Central Election Commission not later than in five-day’s term after check of the candidate for his/her eligibility to the requirements established by the Constitution and the present Constitutional Act on the basis of the documents on his/her nomination established in items 3 and 4 of article 55 of the present Constitutional Act.
4. Each subscription sheet should have its serial number and include the surname, name and patronymic of the candidate, personal signature of his/her proxy, the surname, name and patronymic of the person collecting signatures, the name of a settlement where collection of signatures is conducted, and it shall also include the columns containing the following data on the persons putting their signatures:
1) Surname, name and patronymic;
2) Number and a series of the document certificating the personality;
3) Number, month and year of birth;
4) The address of the constant or temporary residency;
5) Personal signature.
5. The person collecting signatures during collection of signatures should present a copy of the certificate of registration of the candidate’s proxy. The proxy shall put down his/her personal signature in the corresponding subscription sheet.
6. The Central Election Commission:
1) Approves a sample of a subscription sheet;
2) Is obliged to provide candidates to the President with the necessary quantity of subscription sheets.
7. The filled in subscription sheets on collection of signatures in support of the candidates to the President are submitted to the territorial election commission which in a ten-day’s term shall accomplish a check of the authenticity of signatures attracting for this purpose the staff of the passport services and shall also draw up the required minutes and send it to the Central Election Commission.
8. Check of authenticity of signatures is carried out before determination of authentic signatures in the quantity required for the candidate to the President, in compliance with item 2 of the present article.
Article 57. (Excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 ¹ 545)
Article 58. The size of the election fund of candidates to the President of the Republic of Kazakhstan
The election fund of the candidate is formed of :
1) The candidate’s own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than five thousand times;
2) The funds allocated to the candidate by the Republican public association which has nominated him/ her. The total sum should not exceed the size of the minimum wages established by the legislation for more than seven thousand times;
3) Donations of citizens and organizations of the Republic, the total sum of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.
Article 59. Registration of candidates to the President of the Republic of Kazakhstan
1. Registration of candidates to the President is carried out by the Central Election Commission.
2. The candidate to the President before registration and after his/her check for eligibility to the requirements of the Constitution and the present Constitutional Act and also after the checks of the signatures collected in his/her support shall deposit on the account of The Central Election Commission an election contribution (fee) in the size fiftyfold exceeding the size of the minimum wages established by the legislation. The entered contribution shall be paid back to the candidate if by the results of elections the candidate is elected the President of the Republic or by the results of voting the candidate has collected not less than five percent of votes of the voters who have taken part in voting, and also in case of a death of the candidate. In all other cases the deposited contribution shall not be returned and shall be turned to the revenues of the Republican budget.
Before registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of his/her residence for the first day of the month when the nomination term starts which is established in the order and form fixed by the Authorized body of the Republic ensuring tax control over fulfillment of tax liabilities before the state.
The authenticity of information about income and property declared by a candidate and his/her spouse is checked by the tax bodies within fifteen days since the day of registration of a candidate.
In this case, the organizations that were asked by the tax bodies to provide information about income and property of a candidate and his/her spouse are obliged to provide the requested information within four days since receiving the request.
3. Any number of candidates to the President can be proposed for registration.
4. Registration of candidates to the President begins two months before and ends forty days prior to the day of elections if it is not stipulated otherwise at calling an election.
5. Registration of the candidate to the President from a public association is conducted on provision of the following documents:
1) Abstracts of the minutes of the supreme body meeting of the public association on nomination of the candidate to the President with an enclosure of a copy of the document on registration of the given public association in the Ministry of Justice of the Republic;
2) An application with consent to stand for elections as candidate to the President;
3) Minutes of the territorial election commissions on the results of the check of the authenticity of the collected citizens’ signatures in support of the candidate to the President;
4) The biographic data of the candidate;
4-1) (Excluded).
4-2) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property.
5) The document confirming that the candidate has deposited his/her election contribution (fee).
6. Registration of the candidate to the President in case of his/her self-nomination shall be done on provision of the following documents:
1) An application on his/her intention to stand for Elections of the President of the Republic of Kazakhstan;
2) The minutes of the territorial election commission on the results of check of the collected signatures of citizens in support of the candidate to the President;
3) The biographic data on the candidate;
3-1) (Excluded).
3-2) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property
4) The document certificating that the candidate has deposited the election contribution (fee).
7. The Central Election Commission:
1) Not later than on the seventh day after registration of candidates to the President shall publish in mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residency of each candidate, and also, at discretion of the candidate, the data on his/her belonging to a public association and nationality;
2) At registration, the candidates are issued the corresponding certificates;
3) Refuses in registration or cancels the decision on registration of the candidate in cases like:
Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration;
Non-eligibility of the candidate to the requirements stipulated by the Constitution and the present Constitutional Act;
If a candidate uses his/her official or job position for the purposes of an election campaign;
If a candidate conducts a pre-election campaign before his/her registration, on the day of elections or the day preceding it;
If the court ascertains the fact of distribution by the candidate and (or) his proxies of false information discrediting honor and dignity of the other candidate, undermining his business reputation;
In case of establishment by court of the facts of tampering with voters of the candidate and his/her proxies;
In other cases established by the present Constitutional Act;
3-1) Cancels the decision on registration of the candidate in case of revealing at the moment of submission of a declaration the fact of a non-authenticity of the data on income and property declared by the candidate or his/her spouse according to the legislation of the Republic of Kazakhstan on struggle against corruption.
The refusal in registration or cancellation of registration can be appealed by the candidates in the corresponding court.
It is not allowed two days prior to the ballot day to cancel the decision on registration of the candidate or re-register the candidate who has been struck off the register.
8. The refusal of the Central Election Commission to register the candidate to the President or cancellation of the decision on registration can be appealed in ten-day’s term personally by the candidate or the public association which has put forward him/her in the Supreme Court which shall consider the petition in ten-day term’s from the date of its submission. The decision of the Supreme Court is final.
Article 60. Withdrawing of a candidature, cancellation of the decision on nomination for candidacy
1. At any time since the registration day and two days before voting, the candidate to the President can withdraw his/her candidature submitting a written application about it in the Central Election Commission.
2. The supreme body of the Republican public association at any time before registration and after it can cancel the decision on nomination of the candidate to the President submitting a corresponding statement to the Central Election Commission.
3. In the aforementioned cases the Central Election Commission does not make any registration of the candidate or cancels the decision on his/her registration.
4. If withdrawing of the candidature or cancellation of the decision on nomination of the candidate have been effected without any circumstances that caused the above-named, the Central Election Commission has the right to charge part of the expenses incurred for conducting of the election campaign that were covered from the funds of the Republican budget to the account of the candidate or the public association that has, accordingly, nominated the given candidate.
Article 61. Nomination of candidates to the President of the Republic instead of the retired members after the end of the term of registration
1. If at the end of the term of registration in the result of retirement of the candidates less than two candidates to the President are left, the Central Election Commission by its resolution shall elongate the term of elections but not for more than two months.
2. In this case, nomination of candidates to the President is carried out according to the rules established by the present Constitutional Act.
Article 62. Counting of votes on the Elections of the President of the Republic of Kazakhstan
1. The results of counting of votes on the Elections of the President of the Republic of Kazakhstan are determined at the meeting of the territorial election commission and are written down in the minutes signed by the chairman and members of the commission and delivered to the Central Election Commission in two-day’s term.
2. Other issues linked with determination of the result of votes’ counting are solved according to the rules established in the General part of the present Constitutional Act.
Article 63. Repeated voting
1. If the ballot included more than two candidates to the President and none of them has been elected, the Central Election Commission fixes a repeated voting for elections of the President from among the two candidates who have received the majority of votes. In case of retirement of one of the candidates the ballot will include the next candidate from the ones who have received the majority of votes.
2. A repeated voting is conducted not later than in two months’ term with observance of the requirements of the present Constitutional Act. Mass media is informed about conducting of a repeated voting.
3. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of November 6, 1998 ¹ 285-I).
Article 64. Repeated elections
1. If Elections of the President of the Republic of Kazakhstan have been declared null and void or the repeated voting has not allowed determination of the President to be elected, the Central Election Commission calls a repeated Elections of the President.
2. Repeated elections are conducted not later than in two months’ term after the initial elections. Voting is conducted in the same polling stations and under the lists constituted for conducting of the initial elections.
3. Formation of the election commissions, nomination and registration of candidates to the President, other election actions are realized in the order stipulated by the present Constitutional Act. At that, the reduced terms of election actions are defined by the Central Election Commission.
4. It will be announced about the repeated elections in mass media.
Article 65. Establishment and publication of the results of Elections of the President of the Republic of Kazakhstan
1. The Central Election Commission on the basis of the minutes of the territorial election commissions not later than in seven-day’s term after elections establishes the results of the Elections of the President of the Republic of Kazakhstan and adopts the corresponding resolution.
2. The candidate is considered to be an elected President of the Republic if he/she:
1) Has collected more than fifty percent of voices of the voters who have taken part in voting;
2) Has collected at a repeated voting the greater poll of the voters who have taken part in the voting in comparison with the other candidate;
3) (Excluded).
3. Other issues related to determination and publication of the results of the Elections of the President of the Republic of Kazakhstan of the Republic are solved according to the rules established in the General part of the present Constitutional Act.
Article 66. Registration of the elected President of the Republic of Kazakhstan
1. The Central Election Commission on the basis of the minutes of the territorial election commissions in seven-day’s term from the date of holding the election shall register the elected President of the Republic.
2. The Central Election Commission based on the presentations of the corresponding election commissions and appeals from the citizens can refuse in registration of the elected President if on not less than one fourth part of the total number of polling stations or administrative and territorial areas:
1) Elections have been declared null and void;
2) Or if during holding them, at counting of voices or determination of the results of voting certain infringements of the present Constitutional Act have taken place.
3. The decision of the Central Election Commission accepted in the order stipulated by item 2 of the present article can be appealed by the candidate to the President within ten days from the date of its adoption in the Supreme Court which is to make its final judgment in ten-day’s term.
Article 67. (Excluded by the Constitutional Act of the Republic as of November 6, 1998 ¹ 285-I)
Article 68. Consideration by the Constitutional Council of the Republic of Kazakhstan of the issue of accuracy of the Republic President elections’ holding
1. By the appeal of the President of the Republic, the Chairman of the Senate, the Chairman of Mazhilis, not less than one fifth part of the total number of the deputies of the Parliament and the Prime-minister, which can be submitted within ten days after summarizing of the results of the elections, in case of a dispute, the Constitutional Council shall settle the issue of accuracy of the Elections of the President of the Republic of Kazakhstan holding in the Republic. In this case, the introduction in the position of the President of the Republic is suspended for a period of the appeal’s consideration.
2. In case of a dispute about the accuracy of holding the Republic Elections of the President of the Republic of Kazakhstan, the Central Election Commission transfers the materials connected to preparation and holding of the elections to the Constitutional Council.
3. In case of admission by the Constitutional Council of the fact that the Republic Elections of the President of the Republic of Kazakhstan did not correspond to the Constitution in those places/stations for voting (administrative and territorial areas) where the facts of infringements of the Constitution have been revealed, the Central Election Commission makes a decision on recognition as null and void of the elections conducted in the corresponding places/stations (administrative and territorial areas) and to conduct a repeated voting within two months in those places/stations (administrative and territorial areas) where the elections have been recognized as invalid.
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