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| Chapter 14 : Other local self¬administration bodies of the Republic of Kazakhstan |
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Article 114. Calling an election to the local self-administration bodies
1. The grounds for calling:
1) Elections - termination of the statutory term of office of the local self-administration bodies;
2) Elections of the member of the local self-administration body instead of retired member - the advance cease of authorities of the member, forfeiting of his/her mandate or his/her death.
2. Elections of the local self-administration bodies are called by the territorial election commission not less than two months prior to expiration of authorities of the local self-administration bodies and should be conducted not less than one month prior to the expiration of the statutory term of their authorities.
The order of holding the elections is defined by the Central Election Commission according to the present Constitutional Act.
3. The announcement about the day of elections is published in local mass media.
Article 115. The eligibility requirements to members of the local self-administration bodies
To be elected a member of the local self-administration bodies the citizen should meet the requirements established by the corresponding Act of the Republic of Kazakhstan and also to have the election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Act
Article 116. Election districts and election committees at elections of members of the local self-administration bodies
At elections of members of the local self-administration bodies:
1) The territories of rural and urban local communities where groups of the population compactly live shall make county constituencies;
2) The function of the district election committee is executed by the corresponding territorial election commission;
3) Organization and holding of elections are realized by the local election commissions.
Article 117. Nomination of candidates to members of the local self-administration bodies
1. The right of nomination of candidates to members of the local self-administration bodies
belongs to assemblies of citizens, legally qualified at availability of not less than fifty citizens having the election franchise and compactly living in rural and urban local communities, and also to citizens - through self - nomination.
2. The decision on nomination of candidates to members of the local self-administration bodies is accepted by the majority of voices of the citizens present at the assembly. The decision shall be validated by the corresponding minutes.
3. The decision of the assembly of citizens:
1) Is brought to the notice of the proposed candidate;
2) It will be sent to the corresponding territorial election committee with the candidate’s application expressing his/her consent to run for candidacy to deputies.
4. Nomination of candidates to members of the local self-administration bodies by the citizens is made through self-nomination by submission to the corresponding territorial election committee of an application on intent to run for the candidacy to members of the local self-administration bodies in the territory of the corresponding rural or urban local community.
5. The citizen who does not live in the territory of the given rural or urban local community cannot be put forward as a candidate to members of the local self-administration bodies.
6. The number of the put forward candidates is not limited.
7. Nomination of candidates begins with the day following calling of an election, and ends fourteen days prior to the day of elections.
8. If on the day of termination of the term of registration of candidates less than two candidates to members of the local self-administration bodies have been registered, the territorial election committee extends the term for nomination of candidates but not for more than twenty days.
9. The territorial election committee within three days shall determine eligibility of the candidate to the requirements of the Constitution and the present Constitutional Act.
Article 118. Registration of candidates to members of the local self-administration bodies
1. Registration of candidates is implemented by the territorial election commissions.
1-1. 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.
2. Registration of the candidate nominated by the assembly of citizens shall be made on the basis of the following documents:
1) The minutes of the assembly of citizens;
2) Application of the citizen expressing his/her consent to run for the candidacy to members of the local self-administration bodies;
3) The biographic data of the candidate;
4) Excluded;
5) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property;
3. Registration of the candidate in case of his/her self-nomination shall be conducted on the basis of the following documents:
1) Application expressing an intention to run for the candidacy to deputies;
2) The biographic data of the candidate;
3) (Excluded);
4) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property.
4. Any number of candidates can be presented for registration.
5. The territorial election commission shall draw up the minutes about registration of candidates.
6. The territorial election commission:
1) Not later than on the fourth day after registration of candidates shall publish in local mass media the announcement on registration with indication of the surname, name, patronymic, the year of birth, post, place of work and residence of each candidate, and also, at discretion of the candidate, data on his/her belonging to the public association and nationality;
2) At registration, it shall issue the approved certificates to the candidates;
3) Shall refuse in registration or cancels the decision on registration of the candidate in the following cases:
Infringements by the candidate of the rules on nomination, non-submission of the necessary documents for registration;
Non-eligibility of the candidate to the requirements stipulated in 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 payoff with voters of the candidate and his/her proxies;
In other cases established by the present Constitutional Act;
3-1) Shall cancel 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 registration can be appealed by 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 restore in candidacy of the candidate who has earlier been withdrawn from registration.
7. The refusal in registration of the candidate or cancellation of the decision on his/her registration can be appealed within three days by the assembly of citizens or the candidate in the higher territorial election commission or in court. At that, the territorial election commission or the court shall pass a decision as regards the petition within three days from the date of submission of the petition.
8. Registration of the candidate begins twenty days before and ends thirteen days prior to the day of elections.
Article 119. Withdrawing of the candidature, cancellation of the decision on nomination as a candidate to members of local self-administration bodies
1. The candidate within the period before registration and after it can withdraw his/her candidature through submission of a written application about it to the corresponding territorial election commission.
2. The assembly of citizens within the period before registration and after it can cancel its decision on nomination of the candidate through submission of a corresponding statement to the territorial election commission.
3. In the given cases, the territorial election commission does not make any registration of the candidate or cancels the decision on registration of the candidate.
Article 120. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of April 14, 2004 ¹ 545-II).
Article 121. Nomination of candidates to members of the local self-administration bodies instead of the retired members after termination of the term of registration
1. If, on the day of termination of the term of registration of candidates, less than two candidates have been registered to members of the local self-administration bodies, the territorial election commission upon presentation of the corresponding district election commission by its resolution extends the term of elections, but not for more than a month.
2. In the given case, nomination of candidates is exercised according to the rules stipulated by the present Constitutional Act.
Article 122. Counting of votes at elections of the member of the local self-administration bodies
1. The local election commission by results of voting issues the minutes of voting which is immediately remitted to the territorial election commission.
2. Other issues related to determination of the results of votes’ counting shall be solved according to the rules established in the General part of the present Constitutional Act.
Article 123. By-elections of members of the local self-administration bodies
1. In case the number of the elected members of the local self-administration bodies appeared to be less than the number of mandates of the corresponding local self-administration body, the territorial election commission shall call the by-elections of the members of local self-administration bodies in a month's time from the date of conducting of the initial elections.
2. By-elections are conducted according to the rules established by the present Constitutional Act for initial elections.
Article 124. Repeated elections of members of the local self-administration bodies
1. If elections have been declared null and void, the territorial election commission makes a decision on conducting of the repeated elections. Voting is conducted in the same polling stations under the same electoral registers that have been constituted for conducting of the initial elections.
2. Repeated elections are conducted not later than in a month after the initial elections. Election actions that are foreseen for the repeated elections are conducted according to the rules established by the present Constitutional Act.
3. Local mass media is informed about conducting of the repeated elections.
4. (Excluded).
Article 125. Establishment and publication of the election returns of the local self-administration body members
1. The results of elections are established on the meeting of the territorial election commission on the basis of the minutes of local election commissions not later than within three days from the date of holding of the elections. The minutes shall be drawn up on the results of the elections signed by the chairman and members of the territorial commission.
1-1. The candidates who according to the available mandates have collected the majority of voices of the voters who have taken part in voting in comparison with other candidates shall be considered the elected members to the local self-administration bodies.
2. Other issues of establishment and publication of the election returns are solved according to the rules established in the General part of the present Constitutional Act.
Article 126. Registration of members of the local self-administration bodies
1. The corresponding territorial election commission on the basis of the minutes of local election commissions in three-day’s term from the date of holding of the elections shall register the elected members of the local self-administration bodies.
2. The corresponding territorial election commission upon presentation of the local election commission or appeals of citizens can declare the elections of members of the local self-administration bodies null and void if during the elections or at count of voices or during determination of the election returns certain infringements of the present Constitutional Act were revealed, and can refuse in registration of members of the local government bodies. At that, the given decision of the territorial election commission can be appealed within five days from the date of its adoption by candidates in court which in ten-day’s term makes its decision.
Article 127. Holding of an election of members of local self-administration bodies instead of the retired members
1. Elections of members of the local self-administration bodies instead of the retired members are conducted according to the rules established by the present Constitutional Act for regular elections. At that, the terms for conducting of election actions are defined by the corresponding territorial election commission.
2. The elections of the local self-administration body member instead of the retired member are not conducted a year before termination of the term of office of the local self-administration bodies established by the legislation of the Republic of Kazakhstan.
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