|
|
| Chapter 11 : Elections of the Senate deputies of the Republic Parliament |
 |
Article 69. Calling an election of the Senate deputies
1. The grounds for calling of:
1) Regular elections – the end of the constitutional term of office of the Senate deputies;
2) Extraordinary elections - pre-term cease of the term of office of the Parliament, formation of the corresponding administrative and territorial areas which do not have representation in the Senate;
3) Elections of deputies instead of the retired members – pre-term cease of the term of office of the deputy, forfeiting of the mandate of the deputy or his/her death.
2. Elections of deputies in the case stipulated by subitem 1) of item 1 of the present article are fixed by the President of the Republic not less than four months prior to the termination of the constitutional term of office of the Senate deputies and are conducted not less than two months prior to the termination of the constitutional term of their office.
3. Elections of deputies in the case stipulated by subitem 2) of item 1 of the present article are fixed by the President of the Republic simultaneously with adoption of a decision by him about the pre-term termination of the term of office of the Parliament and are conducted within two months from the date of the pre-term termination of the term of office of the Parliament.
4. In cases stipulated by subitem 3) of item 1 of the present article, the elections of the deputies to replace the retired members are fixed by the Central Election Commission not later than two months from the moment of the pre-term termination and forfeiting of the mandate of the deputy or his/her death.
5. Elections of the deputies of the Senate are fixed with consideration of the requirements of item 3 of article 41 of the Constitution and cannot coincide by terms with elections of the deputies of Mazhilis of the Parliament.
Article 70. The requirements to the candidates to deputies of the Senate
To be elected as a deputy of the Senate, the citizen should meet the requirements established in item 4 of article 51 of the Constitution and also to enjoy the active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Act.
Article 71. Nomination of candidates to deputies of the Senate
1. Nomination of candidates to deputies of the Senate begins since the day that follows the day of calling an election and ends one month prior to the day of elections’ holding.
2. Nomination of candidates to deputies of the Senate is conducted:
1) At the sessions of the oblast (the city of the Republican status and the capital), urban and rayon Maslikhats. The political parties, other public associations through their representatives in Maslikhats propose candidatures to Senate deputies of the Parliament of the Republic of Kazakhstan. At that, several Maslikhats can nominate one candidate;
2) Through self-nomination.
3. A deputy of Maslikhat and also a citizen living on the territory of the corresponding oblast, the city of the Republican significance or the capital of the Republic can be put forward as a deputy of the Senate.
4. The decision on nomination of the candidate to deputies of the Senate is taken by a majority of votes of the total number of the deputies representing the corresponding maslikhat:
1) The given decision is brought to the notice of the nominated candidate;
2) With the application of the candidate expressing his/her consent to stand for elections, the given decision is submitted to the election commission, accordingly, of the oblast, the city of the Republican significance and the capital of the Republic.
5. Self-nomination of candidates to deputies of the Senate is made by citizens through submission to the corresponding territorial election commission of an application expressing an intention of the candidate to stand for elections to deputies of the Senate from the given administrative and territorial area.
6. The oblast, urban (the city of the Republican status or the capital of the Republic) election commission shall establish within three days eligibility of the candidate to the requirements of the Constitution and the present Constitutional Act and based on the documents indicated in subitem 2) item 4, item 5 of the present article on his/her nomination within three days from the date of the end of a check shall issue for him/her the subscription sheets for collection of electors’ signatures.
7. If on the day of the end of the term for registration of candidates, less than two candidates in deputies of the Senate have been registered, the Central Election Commission based on the presentation of the corresponding territorial election commission shall prolong the term for nomination of candidates but not for more than twenty days.
Article 72. Collection of signatures in support of the candidate to deputies of the Senate
1. The candidate to deputies of the Senate should be supported by not less than ten percent of voices of the total number of the electors representing all Maslikhats of the oblast, maslikhat of the city of the Republican significance or the capital of the Republic, but not by more than twenty five percent of the votes of electors from one maslikhat.
2. The support of electors is confirmed through collection of their signatures. At that, each of electors has the right to put his/her signature in support of only one candidate to the Senate. The signature after registration of the candidate of the Senate is revoked only on the basis of the court decision.
3. Collection of signatures in support of the candidate to the Senate will be organized by proxies and is officially registered by subscription sheets issued accordingly by the oblast (regional), urban (the city of the Republican status or the capital of the Republic) election commission.
4. Each subscription sheet must have its serial number and include the surname, name, patronymic of the candidate and the person collecting signatures, a personal signature of the candidate, and also the columns containing the following data on electors appending their signature:
1) Surname, name and patronymic;
2) Maslikhat that has nominated him/her as its deputy;
3) Number, month and a year of birth;
4) The address of the residency;
5) Personal signature.
5. The sample of a subscription sheet shall be approved by the Central Election Commission.
6. The filled in subscription sheets shall be submitted, accordingly, to the oblast (regional), urban (the city of the Republican status and the capital of the Republic) election commission which in five-days shall check the authenticity of the collected signatures involving the workers of the passport services and shall compile the corresponding minutes.
7. If in the result of a check for authenticity of signatures it will be established that over one percent of the collected signatures are doubtful, then, the candidate to deputies of the Senate is denied in registration.
Article 73. Registration of candidates to deputies of the Senate
1. Registration of the candidates to deputies of the Senate of the Republic of Kazakhstan shall be conducted by, accordingly, the oblast (regional), urban (the city of the Republican status and the capital of the Republic) election commissions.
2. The candidate to deputies of the Senate before registration and after his/her check for eligibility to the requirements of the Constitution and the present Constitutional Act and also a check of the signatures collected in his/her support shall be obliged to deposit on the account of the Central Election Commission as a deposit the election contribution fifteen times exceeding the size of the minimum wages established by the Republic legislation. The deposited contribution shall be paid back to the candidate if by the results of elections the candidate is elected as the deputy of the Senate of the Parliament or by the results of voting the candidate has collected not less than five percent of the votes of the electors that have taken part in voting, and also in case of death of the candidate. In all other cases the deposited contribution shall not be subject for return and shall be turned to 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. Registration of candidates to deputies of the Senate begins after receiving of all the necessary documents and ends twenty days prior to the day of elections if at calling an election it is not established otherwise.
4. Registration of the candidate to deputies of the Senate nominated by the Maslikhat (Maslikhats) shall be conducted on provision of the following documents:
1) Decision of the oblast (regional), urban or rayon maslikhat on nomination of the candidate;
2) Application with the expression of his/her consent to run for the candidacy;
3) The minutes of the regional or urban (the city of the Republican status and the capital of the Republic) election commission on the results of check of the electors’ signatures in support of the candidate;
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 certificating that the candidate has made his/her election contribution.
5. Registration of the candidate to deputies of the Senate in case of his/her self-nomination shall be realized on provision of the following documents:
1) Application of the citizen expressing his/her intent to run for the candidacy to deputies;
2) The minutes of the oblast (regional) or urban (the city of the Republican status and the capital of the Republic) election commission on the results of check of electors’ signatures in support of the candidate;
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 confirming depositing by the candidate of the election contribution.
6. Oblast (regional) or urban (the city of the Republican status and the capital of the Republic) election commission:
1) At registration of candidates to deputies of the Senate, the commission will issue a corresponding certificate to the candidate;
2) Not later than on the seventh day after registration of candidates to deputies of the Senate, the commission will publish in mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residence of each candidate, and also, at discretion of the candidate, the data on his/her belonging to a public association and his/her nationality;
3) Refuses in registration of the candidate or cancels the decision on his/her registration in case of:
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;
Use by the candidate of his/her official or job position for the purposes of the election campaign;
Conducting by the candidate of a pre-election campaign before his/her registration, on the day of elections or the day preceding it;
Establishment by court of the fact of distribution by the candidate and (or) his/her proxies of the falsehoods discrediting honor and dignity of the other candidate, undermining his/her business reputation;
Establishment by court of the facts of tampering with voters of the candidate and his 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 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 the registration can be appealed by candidates in the corresponding court.
Cancellation two days prior to the ballot day of the decision on registration of the candidate or restoration of the candidate who has been withdrawn from registration is impermissible.
7. The refusal in registration of the candidate or cancellation of the decision on registration can be appealed in seven-day’s term in the Central Election Commission or in the court by the maslikhat (maslikhats) that nominated him/her or personally by the candidate. At that, the appeal is considered in seven-day’s term from the date of its submission.
8. The corresponding territorial election commission constitutes the minutes on registration of candidates to deputies of the Senate which within three days shall be submitted to the Central Election Commission.
Article 74. Withdrawing of the candidature, cancellation of the decision on nomination of the candidate to deputies of the Senate
1. The candidate to deputies of the Senate within the period starting from the day of registration and two days before voting can withdraw his/her candidature on submission of a written application about it, accordingly, to the oblast, urban (the city of the Republican status and the capital of the Republic) election commission.
2. The maslikhat (maslikhats) that nominated a candidate within the period till registration and after it can cancel its decision to nominate a candidate by submission of an application about it, accordingly, to the oblast, urban (the city of the Republican status and the capital of the Republic) election commission.
3. In these cases, the corresponding election commission does not make registration of the candidate or cancels the decision on registration of the candidate.
4. If withdrawing of the candidature or cancellation of the decision on nomination of the candidate have been effected without any causing for it circumstances, the territorial election commission has the right to charge from the account of the candidate or the maslikhat that has nominated him/her part of the expenditures that have been incurred for conducting of the election campaign and were covered from the Republican budget.
Article 75. The size of the election fund of the candidate to deputies of the Senate
The election fund of the candidate is formed of:
1) Own funds of the candidate, the total sum of which should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than two hundred times;
2) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than five hundred times.
Article 76. Nomination of candidates to deputies of the Senate instead of the retired members after termination of the term of registration
1. If in the result of the candidates’ retiring after termination of the term of registration less than two candidates in deputies of the Senate are left, The Central Election Commission based on the statement submitted by the corresponding oblast (the city of the Republican status and the capital) and the urban election commission shall issue its decree by which it elongates the term of elections but not for more than two months.
2. In this case, nomination of candidates to deputies of the Senate shall be realized according to the rules established by the present Constitutional Act.
Article 77. The order of conducting of the joint session of electors on elections of the deputies of the Senate
1. Elections of deputies of the Senate are conducted on the joint session of electors.
2. The joint session is legally qualified if more than fifty percent of the total number of the elected deputies is present at it, thus, representing all maslikhats of the oblast, maslikhat of the city of the Republican significance or the capital of the Republic.
3. Voting on elections of the deputy of the Senate on the joint session is considered held if more than fifty percent of the present electors take part in it.
4. The secretary of the oblast, urban (the city of the Republican status and the capital of the Republic) maslikhat shall preside on the joint session.
5. The chairman and members accordingly of the oblast, urban (the city of the Republican status and the capital of the Republic) election commissions shall be present on the joint session of electors.
6. In the premise where the joint session of electors is to take place, accordingly, the oblast or the urban (the city of the Republican status and the capital of the Republic) election commission will organize the site for voting on elections of the deputy of the Senate.
7. The minutes of the joint session presented by the secretary of the corresponding maslikhat, accordingly, to the regional, urban (the city of the Republican status and the capital of the Republic) election commission can serve as the document that confirms conducting of the joint session on elections of the deputies of the Senate.
8. The joint session is closed after announcement by the chairman, accordingly, of the regional, urban (the city of the Republican status and the capital of the Republic) election commission of the results of voting on elections of the deputy of the Senate.
Article 78. Counting of votes at elections of the deputy of the Senate
1. The results of votes’ counting at elections of the deputy of the Senate are established on the meeting, accordingly, of the oblast, urban (the city of the Republican status and the capital of the Republic) election commission conducted in the site for voting.
2. The oblast, urban (the city of the Republican status and the capital of the Republic) election commission based on the results of the voting shall draw up the minutes on counting of the votes on elections of the deputy to the Senate, which:
1) Is signed by the chairman and members of the election commission;
2) Is disclosed on the joint session of electors;
3) Is delivered to the Central Election Commission within two-days starting from the date of elections.
3. Other issues connected to determination of the results of votes’ counting are solved according to the rules established in the General part of the present Constitutional Act.
Article 79. Repeated voting at elections of deputies of the Senate
1. If the ballot includes more than two candidates of the Senate and none of them has been elected, accordingly, the oblast, urban (the city of the Republican status and the capital of the Republic) election commission calls a repeated voting on two candidates who have received the majority of voices. In case of retiring of one of the candidates the ballot shall include the next candidate who has received the majority of voices.
2. The repeated voting is conducted on the same day when the initial voting was held with observation of the requirements of the present Constitutional Act.
3. (Excluded).
Article 80. Repeated elections of the deputies of the Senate
1. If elections have been recognized not held due to default of appearance of the required number of electors or if they have been declared null and void or if at balloting of two candidates both of them have not been elected, the Central Election Commission upon the presentation of the corresponding territorial election commission shall make a decision on conducting of the repeated elections.
2. Repeated elections are conducted not later than in two months’ term after the initial elections. Nomination and registration of candidates to deputies and other actions stipulated for the repeated elections shall be conducted in accordance with the rules established by the present Constitutional Act. At that, the Central Election Commission shall determine the reduced terms for the election actions.
3. The announcement on the repeated elections is published in local mass media.
4. ( Excluded).
Article 81. Establishment and publication of the results of elections of deputies of the Senate
1. Results of elections of deputies of the Senate as a whole across the Republic are established by the Central Election Commission not later than in seven-day’s term from the date of holding the elections.
2. The candidate is considered to be elected at the elections as the deputy of the Senate if:
1) he/she has collected more than fifty percent of the votes of electors that have taken part in voting;
2) he/she has collected at the repeated voting the majority of the votes of electors in comparison with the other candidate;
3) (Excluded).
3. Other issues connected to establishment and publication of the results of elections shall be solved according to the rules established in the General part of the present Constitutional Act.
Article 82. Registration of the deputies of the Senate
1. The Central Election Commission on the basis of the minutes of the oblast, urban (the city of the Republican status and the capital of the Republic) election commissions shall register the elected deputies of the Senate.
2. The Central Election Commission based on the statement submitted by the oblast, urban (the city of the Republican status and the capital of the Republic) election commission or applications of electors can declare the elections of the deputy to the Senate null and void if during the given elections or at counting of voices or determination of the results of voting certain infringements of the present Constitutional Act took place based on which the commission can refuse in registration of the deputy of the Senate. At that, the given decision of the Central Election Commission can be appealed by the candidate to deputies of the Senate within ten days from the date of its adoption in the court which in ten-day’s term makes its decision.
Article 83. Conducting of the extraordinary elections of deputies of the Senate and elections of deputies instead of the retired members
1. The extraordinary elections of the deputies of the Senate and elections of the deputies instead of the retired members shall be conducted according to the rules established by the present Constitutional Act for the regular elections of the deputies of the Senate. At that, the terms of conducting of the election actions shall be defined by the Central Election Commission.
2. The elections of the deputy instead of the retired deputy are not conducted one year prior to the expiration of the constitutional term of office of the deputies of the Senate.
Article 84. Consideration by the Constitutional Council of the issue of correctness of holding the elections of deputies of the Senate
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 of the Republic which can be submitted within ten days after the summarizing of the results of the elections, the Constitutional Council in case of a dispute shall solve the issue of correctness of holding the elections of deputies of the Senate. In this case, the registration of the elected deputies of the Senate is suspended for the period of the appeal’s consideration.
2. The Central Election Commission in case of a dispute about correctness of holding the elections of deputies of the Senate submits the materials related to preparation and holding of the elections to the Constitutional Council.
3. In case the Constitutional Council acknowledges that the elections of the Senate deputies were not held in compliance with the Constitution in those administrative and territorial areas where infringement of the constitution has been revealed, the Central Election Commission makes a decision to acknowledge the elections as invalid in these administrative and territorial areas and to conduct the repeated elections within two months in those administrative and territorial areas where the elections have been declared null and void.
|
|
|
|
|
|
