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| Chapter 2 :: Election bodies |
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Article 10. Election bodies, their system and term of office
1. Election commissions shall be the state election bodies organizing preparation for and conduct of elections in the Republic.
2. A unified system of election commissions shall be comprised of:
1) Central Election Commission of the Republic;
2) territorial election commissions;
3) district election commissions;
4) precinct election commissions.
3. The term of office of election commissions shall be five years.
Territorial, district and precinct election commissions shall be elected by the corresponding maslikhats based on the proposals of political parties.
Each political party shall be eligible to nominate one candidature to the corresponding election commission. A political party shall be eligible to nominate to an election commission a nominee who is not a member of the given political party.
If political parties have not submitted any proposals in a time-limit fixed by a maslikhat, which must not exceed one month prior to the term for the formation of the election commissions, a maslikhat shall elect the election commission based on the proposals of other public associations and the superior election commissions.
The persons nominated to the election commission shall submit an application with their consent to work in the commission. The chairperson, deputy chairperson and secretary of the election commissions shall be elected at the first meeting of the election commission.
Formation of the new election commission shall be started not later than 2 months and finished not later than 3 days before expiration of the term of office of the election commissions.
The bodies forming election commissions shall be eligible to introduce changes in their composition during the term of office of such election commissions.
4. Decisions on the formation of election commissions, their composition and location shall be announced in mass media.
5. Decisions of election commissions taken within their competency shall be mandatory for implementation by all state bodies, organizations, local self-government bodies and officials in the corresponding territory.
6. Interference in the work of election commissions during the exercise of their authorities shall be prohibited.
7. The activity of the election commission can be terminated by the decision of the body forming the election commission or by a court decision based on an application of the superior election commission.
8. A member of an election commission cannot be deprived of his/her authorities, except the cases mentioned in clauses 6 and 7 of Article 19 of this Constitutional Act.
Article 10 includes the changes introduced by the Constitutional Act of RK of 14 April 2004 No. 545-II.
Article 11. Central Election Commission of the Republic of Kazakhstan
1. Central Election Commission shall head the single system of the election commissions of the Republic of Kazakhstan and operate as a permanent body.
2. Central Election Commission shall consist of the chairperson and six members.
Deputy Chairperson and Secretary of the Central Election Commission shall be elected at the first meeting of the commission.
3. (excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III)
4. Central Election Commission shall have its own personnel.
5. Expenses on the maintenance of the Central Election Commission and its personnel shall be covered from the republican budget.
Article 11 includes the changes introduced by the Constitutional Act of RK of 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.
Article 12. Authorities of the Central Election Commission of the Republic of Kazakhstan
The Central Election Commission shall:
1) implement in the territory of the Republic of Kazakhstan control over implementation of election legislation; ensure its uniform application; within the limits of its authority take the decisions to be mandatory for implementation in the entire territory of the Republic;
2) organize preparation for and conduct of elections of the President and deputies of the Mazhilis of Parliament; administer organization and conduct of elections of deputies of the Senate of Parliament;
2-1) consider the issue on the admission of political parties to the participation in elections of deputies of the Mazhilis of Parliament to be elected based on party lists;
3) (excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III)
3-1) (excluded by the Constitutional Act of RK of 14 April 2004 No. 545-II)
4) draft and submit to the Government of the Republic an estimate of expenditures on conduct of election campaign;
5) administer the management over election commissions at elections of the President, deputies of the Parliament; cancel and suspend their decisions; distribute among them the funds from the republican budget allocated for the conduct of election campaigns; control creation of the required material and technical conditions for the activities of election commissions; consider applications and appeals related to decisions and actions (inactivity) of the territorial and district election commissions; organize an explanation of the election legislation; conduct workshops with representatives of political parties and other participants in the election process on organization and conduct of elections; implement international cooperation in the area of electoral systems;
6) establish the form and text of the ballot paper at elections of the President, the form of the ballot paper at elections of deputies to the Parliament, maslikhats and members of other local self-government bodies, the order of their production as well as the degree of security, the forms of registers of voters (electors), the subscription lists for the collection of voters’ signatures to support the candidates to Presidents and collection of electors’ signatures to support the candidates to the Senate deputies, other election documents, the form of ballot-boxes made of transparent material and samples of seals of the election commissions, the order of storage of election documents; ensure production of ballot papers at elections of the President and deputies of the Parliament and maslikhats;
6-1) organize the production, determine the procedure for issuing and recording absentee voter certificates;
7) shall be eligible to hear to the reports of the state bodies and organizations on the issues related to preparation and conduct of elections as well as the information of public associations on the issues of observance of the election legislation;
8) register candidates to the Presidents of the Republic, grant them with the corresponding certificates, publish the communication on registration of candidates in mass media;
9) inform voters about the election campaign at elections of the President and deputies to the Parliament, periodically issue information bulletins;
10) sum up the election results of the President and deputies of the Parliament in the Republic as a whole, register the elected President and Parliament deputies, publish relevant communication in mass media;
11) appoint and organize conduct of the rerun of a vote and a rerun of election of the President;
12) appoint a re-run of election of the Parliament deputies;
13) appoint a by-election of the Parliament deputies;
14) appoint the regular and early elections to maslikhats;
15) during organization and conduct of elections of maslikhats and other local self-government bodies ensure methodological guidance for the territorial election commissions and as well as supervision of their activities on the compliance with the provisions and requirements of this Constitutional Act. In the case of revealing the infringements of this Constitutional Act appeal to the body that forms the election commission or to the court with an application to cease the activity of the corresponding election commission;
16) according to the number of the population of the administrative-territorial units determine the number of the maslikhat deputies to be elected by them;
16-1) place on the official website (Internet- resource) of the Central Election Commission the legal acts on the election legislation, information on the appointment and conduct elections as well as on the results of vote count at the elections;
16-2) conduct a singe electronic register of citizens – the voters of the Republic of Kazakhstan;
16-3) during conduct of elections with the use of electronic electoral system conduct training of members of the corresponding election commissions on their application;
16-4) through mass media organize training for the population on the use of the electronic electoral system at elections;
17) exercise other authorities in compliance with the legislation of the Republic of Kazakhstan.
Article 12 includes the changes introduced by the Constitutional Act of RK of 6 May 1999 No.375-I; 14 April 2004 No. 545-II; changes and additions made by the Constitutional Act of RK of 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.
Article 13.Territorial election commissions
Territorial election commissions shall be the election commissions of oblasts (city of the republican status and the capital of the Republic), districts, cities and districts in the cities.
2. The territorial election commissions shall:
1) ensure organization and conduct of elections of the President, deputies of the Parliament and maslikhats, members of other local self-government bodies;
2) be formed of seven members.
3. (excluded by the Constitutional Act of RK of 14 April 2004 No. 545-II).
4. Information on the membership in the territorial election commissions at elections of the President, deputies of the Parliament and maslikhats shall be published in mass media not later than in ten days, and in the territorial commissions on elections of the members of other local self-government bodies not later than in seven days after appointment or announcement of such elections.
Article 13 is in the edition of the Constitutional Act of RK of 6 May 1999 No.375-I; changes have been introduced by the Constitutional Acts of RK of 14 April 2004 No. 545-II, 19 June 2008 No. 268-III.
Article 14. Authorities of the territorial election commission
The corresponding territorial election commission shall:
1) supervise implementation of election legislation in the territory of an administrative-territorial unit;
2) ensure preparation and conduct of elections of the President, deputies of the Parliament and maslikhats, members of other local self-government bodies;
2-1) register proxies of candidates to the Presidents, political parties, which have nominated their party lists, and issue corresponding certificates to them;
3) administer the activities of the subordinated territorial, district and precinct election commissions; cancel and suspend their decisions; distributes among them the funds of the Republican budget allocated for conduct of election campaigns; control creation of the required materials and technical conditions for activities of district and precinct election commissions; considers applications and appeals related to decisions and actions (inactivity) of district and precinct election commissions; organize implementation of decisions of the Central Election Commission by all election commission formed within the boundary of the corresponding administrative-territorial unit, appeal to the body forming the election commission or to the court with an application to cease the activity of the election commissions that have committed violation of this Constitutional Act;
4) be eligible to hear to the reports of the election commissions, the state bodies and organizations on the issues related to preparation and conduct of elections as well as the reports of the public associations on the issues related to the implementation of the election legislation;
5) ensure conduct of elections of the Senate deputies; register the candidates to the Senate deputies, their proxies, issue the corresponding certificates to them; publish in the mass media the communication on registration of candidates; prepare polling stations, ensure manufacturing of the polling booths and ballot-boxes; sum up the voting results at elections of the Senate deputies and submit the protocols with the summary of the voting results to the Central Election Commission for registration of the Senate deputies;
6) form election districts at elections of maslikhat deputies and publish their list, notify voters on the locations of their election commissions;
6-1) establish a uniform numbering of electoral districts;
7) ensure production of ballots at elections of the members of other local self-government bodies, except maslikhats;
8) receive from district election commissions the protocols on registration of candidates to deputies of the corresponding maslikhats and ensure publication by the district election commissions of the lists of the registered candidates;
9) sum up the election results of maslikhat deputies, register the elected deputies and publish announcements about it in the mass media, submit to the Central Election Commission the protocols on vote count in the corresponding constituencies and electoral districts for the publication of them at the official web-site of the Central Election Commission;
10) organize rerun of a vote, rerun of election and by-election of deputies to the Senate and maslikhats;
11) appoint and organizes election, re-run of election and by-election of the members of other local self-government bodies, except maslikhats; fulfill the functions of the district election commission at election of members of other local self-government bodies, except maslikhats located in the territory of the corresponding administrative-territorial unit; register the candidates to members of other local self-government bodies, except maslikhats, their proxies, issue the corresponding certificates to them; publish in local mass media information on registration of candidates; sum up the election results of the members of other local self-government bodies, except maslikhats and publish in local mass media information on the election results;
12) execute other authorities in compliance with the legislation of the Republic of Kazakhstan.
Article 14 includes the changes introduced by the Constitutional Act of RK of 6 May 1999 No.375-I; 14 April 2004 No. 545-II; 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.
Article 15. District election commissions
1. District election commissions shall ensure organization and conduct of elections of maslikhat deputies in the constituencies.
2. District election commissions shall consist of seven members.
3. The list of members of district election commissions shall be published in mass media not later than in ten days after appointment or announcement of elections.
Article 15 is in the edition of the Constitutional Act of RK of 6 May 1999 No.375-I; changes have been introduced by the Constitutional Act of RK of 14 April 2004 No. 545-II, 19 June 2007 No. 268-III.
Article 16. Authorities of the district election commission
District election commission shall:
1) supervise implementation of election legislation in the territory of a corresponding electoral district;
2) organize conduct of elections of maslikhat deputies;
3) organize and coordinate the activity of the precinct election commissions; cancel and suspend their decisions; control creation of the required material and technical conditions for the operation of the precinct election commissions; consider appeals and appeals in relation to the decisions and actions (inactivity) of the precinct election commissions. In case of revealing the infringements of this Constitutional Act, apply to the body that forms the election commission or to the court with an appeal to cease the activity of such an election commission;
4) (excluded by the Constitutional Act of RK of 14 April 2004 No. 545-II);
5) register the nominated candidates to maslikhat deputies, their proxies, issue the corresponding certificates to them and publish announcements on registration of candidates in the local mass media;
6) control timeliness and correctness of the compiled registers of voters and submission of them for public formalization;
7) ensure supply of ballot papers to the precinct election commissions;
8) shall be eligible to hear to the reports of precinct election commissions, state bodies and organizations located in the territory of the district on the issues related to the preparation and conduct of elections as well as to hear to information of public associations on the issues related to implementation of election legislation;
9) receive from precinct election commissions the protocols on the voting results, on their basis determine the election results in the district and ensures publication of announcements about it in mass media;
10) (excluded by the Constitutional Act of RK of 19 June 2007 No. 268-III);
11) conduct re-run of election and by-election of maslikhats;
12) exercise other authorities in compliance with the legislation of the Republic.
Article 16 includes the changes introduced by the Constitutional Act of RK of 14 April 2004 No. 545-II, 19 June 2007 No. 268-III.
Article 17. Precinct election commissions
1. The precinct election commissions shall ensure organization and conduct of elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of other local self-government bodies in the corresponding electoral districts.
The precinct election commissions shall consist of seven members.
2. The information about the membership in the precinct election commissions at elections of the President, deputies of the Parliament and maslikhats shall be published in mass media not later than in seven days, and in the territorial commissions at elections of members of other local self-government bodies not later than in three days after appointment or announcement of elections.
Article 17 is in the edition of the Constitutional Act of RK of 6 May 1999 No.375-I; the changes have been introduced by the Constitutional Act of 14 April 2004 No. 545-II.
Article 18. Authorities of the precinct election commissions
Precinct election commission shall:
1) conduct election campaign in the electoral district at elections of the President, deputies of the Mazhilis of Parliament, maslikhats and members for other local self-government bodies;
2) notify voters about location of the precinct election commission;
3) define more exactly the register of voters of the corresponding election district;
4) familiarize the citizens with the registers of voters, consider applications about errors and discrepancies in the registers and solve the issues of entering in them the appropriate alterations;
5) notify the voters about the day, time and place of voting;
6) arrange the premises, ensure manufacturing of polling booths and ballot-boxes;
7) organize the voting in the electoral district on the day of elections;
8) conduct vote count and define the voting results in the electoral district;
9) consider appeals and appeals in respect to the issues of preparation and organization of voting and take the decisions concerning them;
10) exercise other authorities according to the legislation of the Republic.
Article 18 has been amended by the Constitutional Act of RK of 14 April 2004 No. 545-II.
Article 19. Status of an election commission’s member
1. Members of the election commissions shall be representatives of the state bodies and shall be under the state protection.
2. The legal status of the election commission members shall be stipulated by the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan.
2-1. A person with a previous conviction that has not been cancelled or removed in the order established by the Law; a person admitted by the court as incapable or partially incapable, can not be a member of the election commission.
3. Chairperson, members of the Central Election Commission and employees of its office shall exercise their authorities on the professional and permanent basis.
A chairperson of the election commission shall represent the interests of the commission in the courts and other state bodies as well as shall be eligible to delegate to other persons the powers to represent the interests of the election commission by issuing them with the relevant letter of attorney.
4. The members of the election commission that are not listed in clause 3 of this Article during conduct of elections cannot be dismissed from their work or transferred to other work by the initiative of the employer without their consent.
5. A member of the election commission shall:
1) be notified about the meetings of the corresponding election commission forty eight hours earlier, except for the cases that require an immediate decision-making;
2) be eligible to speak up at the meetings of the election commission, to make proposals in respect to the issues that are within the competency of the corresponding election commission, and to require voting in their respect;
3) be eligible to ask to other participants of the meeting any questions according to the agenda and to receive answers to the point;
4) be eligible to inspect the documents and materials of the election commission, which he/she represents, and to obtain their certified copies;
5) supervise the activities of the subordinate election commission upon authorization confirmed by three quarters of votes of the members of the election commission, which he/she represents;
6) be obliged to respect the requirements of the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan, the generally accepted ethical standards;
7) be obliged to fulfill the assigned to him/her responsibilities, decisions and instructions of the election commission and its chairperson, the superior election commission;
8) be obliged to ensure the observance and protection of electoral suffrages and legal interests of the citizens, demonstrate impartiality and independence at decision-making as well as abstain from a public evaluation of the activities of candidates and the political parties which have nominated the party list;
9) not be bound by the decisions of the political party or other public association, which he/she represents and be eligible to defend their interests.
6. The member of the election commission shall be released from his/her duties upon expiration of the fixed term of the authorities of the election commission, cessation of its activity as well as by the decision of the body which has formed the election commission, in the case of:
1) submission of an application on the exemption of duties by his/her own will;
2) loss of citizenship of the Republic of Kazakhstan;
3) departure to the permanent place of residence outside of the given administrative-territorial unit where the corresponding election commission has been formed;
4) come into effect of the judgement of guilty of the court in respect to him/her;
5) come into effect of the court’s decision in respect to him/her on legal incapability, partial incapability, missing or announcement of him/her as decedent;
6) his/her death.
A member of the territorial, district and precinct election commission shall be released from his/her duties in the case if the political party which has nominated such a member has ceased its activities.
The adoption in the order established by the laws of the Republic of Kazakhstan of the decision on the dissolution of the political party shall be a basis for exemption from duties of the members of the territorial, district and precinct election commissions, which have been nominated by this political party.
7. In the case of numerous infringements by a commission’s member of official powers or the requirements of this Constitutional Act, he/she shall be dismissed from the position by the body, which forms the election commission.
8. The superior election commission shall nominate a member of the election commission to replace the retired member of the election commission before the election of the commission’s member by a body forming an election commission in the order established in Article 10 of this Constitutional Act.
9. The election commission must not consist of employees from one and the same organization.
10. A member of the election commission must live in the territory of administrative-territorial unit, where the corresponding commission is located.
Article 19 in the new edition has been introduced by the Constitutional Act of RK of 4 April 2004 No. 545-II; 19 June 2007 No. 268-III; 9 February 2009 No. 124-IV.
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Article 20. Arrangement of operations of election commissions and appealing against actions thereof. Publicity in activities of Election Commissions.
1. Election commissions shall act based on the principles of collegiality, publicity and transparency.
2. The first meetings shall be convened as follows:
1) The first meeting of the Central Election Commission shall be convened by its chairman within fourteen days following the election of the commission;
2) The first meeting of lower election commissions shall be convened by the chairmen of respective higher commissions within seven days of their establishment.
3. In the course of preparations for and conduct of an election campaign, commissions shall meet at least once in two weeks. At other times, commissions shall meet as and when needed, upon the initiative of the chairman or at least one third of commission members.
4. Election commissions shall be entitled to make legally binding decisions provided that at least two thirds of the total number of commission members participate.
5. These commissions shall adopt decisions by a majority open vote of all commission members unless otherwise provided herein. Election commission members disagreeing with its decision can make a minority report, of which a higher election commission shall be immediately notified, with a written version of such minority report to be attached to the minutes of the commission meeting.
6. Election commissions shall take efforts to provide free access to decisions made by commissions for all, through publication and distribution of such decisions in public telecommunication networks. In cases stipulated hereby, such decisions shall be made public in other ways.
Political parties not represented in election commissions may delegate their representatives to corresponding election commissions. During preparations for and conduct of an election, such representatives shall have a consultative vote.
A representative of a political party having a consultative vote may speak at meetings of an election commission, make proposals with respect to issues within the terms of reference of a respective election commission, appeal to a higher election commission or a court against actions/omissions of such election commission.
7. Candidates, authorized representatives, observers, mass media representatives may attend meetings of election commissions provided that they have staff identity cards and relevant assignment cards.
Candidates, political parties, which have nominated their party lists, are notified of meetings of respective election commissions and their agenda in advance.
Outsiders not involved in the election process shall not be allowed to be present in the election commission's premises.
8. On the ballot day, the following persons may be present at the same time since the opening of the polling station until determination of voting returns by vote-counting in the polling station: one authorized representative of each candidate and political party; one representative of each mass medium, subject to availability of an identity card and a relevant assignment card issued by such mass media; one observer representing each political party, other public associations, non-governmental organizations of the Republic of Kazakhstan and observers representing foreign states and international organizations.
9. Decisions and actions (omissions) of an election commission can be appealed to a higher election commission and/or a court within ten days following such a decision or action (omission), unless different deadlines for appeals are stipulated herein. Appeals against decisions and actions/omissions of an election commission filed after these deadlines shall not be given consideration.
When appeals are considered both by the election commission and the court at the same time, the election commission shall suspend proceedings until a court judgment becomes effective. The court shall notify the election commission of the appeal filed and effectiveness of its judgment based on the results of proceedings.
10. State bodies, organizations, local self-administration bodies as well as their officials shall assist election commissions in exercising their power, provide them with all necessary data and materials, reply to requests of election commissions within three days, whereas on the election day and the day preceding the election the same should be done immediately.
11. For a period of preparations for and conduct of an election, members of territorial, district and divisional election commissions may choose, subject to such commission’s relevant resolution, to be relieved of their job duties, with average wages payable at the expense of funds allocated to the election.
Civil servants serving on election commissions shall retain their average monthly wages payable at the place of their primary employment for a period of preparations for and conduct of an election.
Election commission members including civil servants are entitled to compensation for working overtime, on holidays and week-ends and at night payable from funds allocated for the election.
12. The following persons may not serve on election commissions:
1) deputies of the Parliament and Maslikhats and members of local self-administration bodies;
2) candidates for presidency and for deputy of the Parliament and Maslikhats and members of local self-administration bodies;
3) political civil servants;
4) judges sitting on courts of the Republic of Kazakhstan.
Spouses and close relatives of candidates as well as persons directly reporting to candidates may not sit on election commissions ensuring direct organization and conduct in an electoral district of elections, in which such candidate is participating.
Persons indicated in Sub-Item 2 hereof shall be relieved of performance of their duties as election commission members from the day of registration of the relevant candidate on.
Article 20-1. Observers of Political Parties, Other Public Associations, Nonprofit Organizations of the Republic of Kazakhstan
1. Powers of an observer from political parties and other public associations should be certified in writing, with his/her surname, name, patronymic to be specified. This document shall bear a seal of the organization that sent such an observer and shall be valid if a document confirming the observer’s person is submitted. The named documents shall be presented to the chairperson of an election commission or to his/her substitute for the purposes of registration of an observer in the registry.
2. Observers of political parties and other public associations, nonprofit organizations of the Republic of Kazakhstan shall have a right to:
1) attend meetings of the election commission;
2) be informed on the number of voters, who have taken part in voting, including voting outside of voting premises;
3) attend voting premises of a corresponding polling station during voting and counting of votes;
4) accompany mobile ballot-boxes including riding in the vehicle transporting them;
5) observe the voting progress, procedures of vote-counting and completion of voting returns at a polling station, at a polling precinct in conditions enabling good observation of all afore-mentioned procedures;
6) appeal against decisions, actions/omissions of a respective election commission and/or of its members to a higher election commission or a court;
7) attend the voting outside the voting premises if voters cannot come to specified voting premises;
8) attend vote-counting and destruction by divisional election commission members of unused ballots;
9) take photo, audio and video records without intervening with the course of voting and establishment of its results;
10) observe procedures for transfer of protocols of voting returns to higher election commissions;
11) after completion of the voting, read protocols of an election commission on voting returns and obtain their certified copies;
12) draw attention of election commission members to the violation of requirements hereof, hand over to them relevant written applications, irregularity reports and receive acknowledgment of receipt thereof. Following an application from agents or observers, Chairman of an election commission or his/her substitute shall attach to the vote counting protocol reports made by them.
3. Observers of political parties, other public associations, nonprofit organizations of the Republic of Kazakhstan shall:
1) carry documents proving their identity and authority;
2) not interfere with the election process, with the procedures for vote counting and decision-making by the election commission;
3) not take any actions interfering with the activities of the election commission;
4) meet the requirements of the Chairman of the election commission regarding following rules of conduct in polling premises as established by the corresponding election commission;
5) base their comments on documented, true and verifiable facts;
6) follow the requirements hereof and of other legislative acts of the Republic of Kazakhstan;
7) be impartial, not express bias towards a specific candidate or a political party.
4. In case of breach of the legislation of the Republic of Kazakhstan by international observers, a corresponding election commission shall have a right to cancel the registration of such an observer.
Article 20-2. Observers of Foreign States and International Organizations, Representatives of Foreign Mass Media
1. Invitations to foreign states and international organizations to participate in observing an election in the Republic of Kazakhstan can be forwarded by Chairman of the Central Election Commission or Minister of Foreign Affairs of the Republic of Kazakhstan.
Invitations shall be forwarded via the Ministry for Foreign Affairs of the Republic of Kazakhstan.
Such invitation may contain wishes as to the number and structure of the mission and maintaining a tender balance, country representation in the mission.
2. Observers of foreign states and international organizations shall be accredited by the Central Election Commission following a recommendation of the Ministry of Foreign Affairs of the Republic of Kazakhstan.
For accreditation purposes, foreign states and international organizations shall submit a list of observers and representatives to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
Private individuals, who are not observers of foreign states and international organizations, shall not be subject to accreditation.
Persons shall not be accredited if they have political, economic or other interests in the Republic of Kazakhstan, or if their accreditation was revoked/canceled earlier due to a breach of law of the Republic of Kazakhstan, foreign state or universally accepted principles and norms of international law, or if they lack practice or experience in observation of the election process, or if they were found guilty of criminal offence, corruption practice or other illegal activities during the election period 5 years prior to the application for accreditation.
3. The term for accreditation of observers from foreign states and international organizations shall be determined by the Central Election Commission.
4. The Central Election Commission shall issue a foreign observer an identity card of an established format, which entitles him/her to perform his/her activities during preparations for and conduct of the election. Accreditation should end five days prior to the voting date.
5. Observers of foreign states and international organizations and representatives of foreign mass media shall not use their status to perform activities not related to the observation of elections in the Republic of Kazakhstan.
6. Observers of foreign states and international organizations as well as representatives of foreign mass media have a right to:
1) be present at all stages of the electoral process;
2) be informed on the progress of the election process by election commissions;
3) have access to the polling station during voting and counting of votes;
4) meet with participants of the election process;
5) inform members of the election commission on his findings, observed violations, recommendations;
6) make public announcements;
7) be present during the handover of protocols of voting returns to a higher election commission.
7. Observers of foreign states and international organizations and representatives of foreign mass media shall:
1) carry documents proving their identity and accreditation;
2) not interfere with the election process, procedures for vote-counting and decision-making by the election commission;
3) not take any actions interfering with the activities of the election commission;
4) meet the requirements of the Chairman of the election commission regarding following rules of conduct in polling premises as established by the corresponding election commission;
5) be impartial, restrain from expressing bias towards a specific candidate or a political party;
6) follow the requirements hereof and of other laws and regulations of the Republic of Kazakhstan.
8. The Central Election Commission shall have a right to revoke accreditation of a foreign observer of foreign state or an international organization in cases stipulated herein.
9. In case of infringement of the legislation of the Republic of Kazakhstan or generally accepted principles and norms of international law by observers, the corresponding election commission has the right to submit to the Central Election Commission a request to revoke accreditation of the observer of the foreign state, of the international organization.
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