On approval of the Regulations on the Central Election Commission of the Republic of Kazakhstan

Home / Decree / On approval of the Regulations on the Central Election Commission of the Republic of Kazakhstan

Decree of the President of the Republic of Kazakhstan dated November 11, 1996 No. 3205.

In accordance with subparagraph 2) of Article 14 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan", I HEREBY DECREE:

The footnote. The preamble is in the wording of the Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

1. To approve the Regulations on the Central Election Commission of the Republic of Kazakhstan (attached).

2. Invalidate them:

Resolution of the President of the Republic of Kazakhstan dated December 21, 1993 No. 1469 "On approval of the Regulations on the Central Election Commission of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1993, No. 48, Article 579);

Decree of the President of the Republic of Kazakhstan dated February 22, 1996 No. 2856 "On Amendments to the Regulations on the Central Election Commission of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1996, No. 7, art. 38).

3. This Decree comes into force from the date of signing.

President of the Republic of Kazakhstan

Approved by Decree of the President of the Republic of Kazakhstan on November 11, 1996 No. 3205

Regulations of the Central Election Commission of the Republic of Kazakhstan

The footnote. Regulation as amended by Decree of the President of the Republic of Kazakhstan dated 12.02.2013 No. 501.

Chapter 1. General provisions

The footnote. The title of Chapter 1 is as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

1. The Central Election Commission of the Republic of Kazakhstan (hereinafter referred to as the Commission) is a permanent state body of the Republic of Kazakhstan and heads the unified system of election commissions of the Republic.

2. The Commission carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, other regulatory legal acts, as well as these Regulations.

3. The Commission is a legal entity in the organizational and legal form of a state institution, has seals and stamps with its name in the state language, letterheads of the established sample, and accounts with Treasury authorities in accordance with the legislation of the Republic of Kazakhstan.

4. The Commission enters into civil law relations on its own behalf.

5. The Commission has the right to act as a party to civil law relations on behalf of the state if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.

6. The Commission on issues of its competence shall adopt resolutions in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

7. The structure and staffing limit of the Commission's staff are approved in accordance with the current legislation of the Republic of Kazakhstan.

8. The legal address of the Commission is 4 Beibitshilik Street, Astana, 010000, Republic of Kazakhstan.

The footnote. Paragraph 8 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

9. The full name of the state body is the state institution "Central Election Commission of the Republic of Kazakhstan".

10. This Regulation is the founding document of the Commission.

11. The Commission's activities are financed from the national budget.

12. The Commission is prohibited from entering into contractual relations with business entities for the performance of duties that are the functions of the Commission.

If legislative acts grant the Commission the right to carry out income-generating activities, then the income received from such activities is allocated to the state budget.

Chapter 2. Mission, main task, functions, rights and duties of the Commission

The footnote. The title of Chapter 2 is as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

13. The Commission's mission: ensuring the rights of citizens to participate in the management of State affairs directly or through their representatives through free and fair elections and national referendums.

14. The main task of the Commission is to conduct fair, genuine and free elections and national referendums in the Republic of Kazakhstan.

15. The Commission, within the limits of its competence in accordance with the legislation of the Republic of Kazakhstan, performs the following functions::

1) control over the implementation of legislation on elections and republican referendums in the territory of the Republic of Kazakhstan and ensuring its uniform application;

2) adopt, within its competence, decisions that are binding throughout the territory of the Republic of Kazakhstan, as well as other legal acts on the organization and conduct of elections;

3) organizes the preparation and conduct of elections of the President of the Republic of Kazakhstan, deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan;

4) manages the organization and conduct of elections of deputies of the Senate of the Parliament of the Republic of Kazakhstan;

5) registers candidates for President of the Republic of Kazakhstan, issues them appropriate certificates, refuses registration or cancels the decision to register a presidential candidate, publishes a notice of registration in the mass media no later than on the seventh day after registration of presidential candidates, indicating the surname, first name, patronymic, year of birth, position (occupation), the place of work and residence of each presidential candidate, as well as, depending on the discretion of the presidential candidate, information about his membership in a public association, nationality;

6) establishes the compliance of the candidate for President of the Republic of Kazakhstan with the requirements imposed on him by the Constitution and the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

7) jointly with the authorized body in the field of healthcare, establish the requirements for a medical certificate and a list of diseases that prevent registration as a candidate for President of the Republic.;

8) determines the procedure for establishing the presidential candidate's fluency in the state language in accordance with the decision of the Constitutional Council of the Republic on the official interpretation of paragraph 2 of Article 41 of the Constitution of the Republic of Kazakhstan.;

9) considers the issue of allowing political parties to participate in the elections of some deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan and deputies of maslikhats of the Republic of Kazakhstan elected on party lists;

9-1) form electoral districts for the election of deputies of the Mazhilis of Parliament in single-mandate territorial electoral districts and establish their boundaries, publish in the mass media a list of electoral districts and information about their boundaries;

10) registers the party lists for the election of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan and, no later than the tenth day after their registration, publishes in the mass media a notice of registration indicating the name of the political party and the number of persons included in the party list, as well as the surname, first name, patronymic, year of birth, position (occupation), the place of work and residence of each person included in the party list;

11) Excluded by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

12) upon registration, issues a corresponding certificate to a candidate for deputy of the Mazhilis of the Parliament of the Republic of Kazakhstan;

13) refuses to register or cancels the decision on registration of the party list for the election of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

14) Excluded by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

15) decides on the exclusion of a person included in the party list from this list for the election of deputies to the Mazhilis of the Parliament of the Republic of Kazakhstan in cases provided for by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

16) summarizes the results of the elections of the President and deputies of Parliament in the Republic of Kazakhstan as a whole, registers the elected President and deputies of the Parliament of the Republic of Kazakhstan, publishes a message about it in the mass media;

17) establishes a quota for the distribution of deputy mandates based on the results of voting on the party lists of the Mazhilis of Parliament;

18) after the publication in the mass media of the results of the election of deputies of the Parliament of the Republic, hands each deputy a certificate and a badge of the sample established by the Commission.;

19) appoints and organizes repeated voting and repeat elections during the election of the President of the Republic of Kazakhstan;

20) invalidates the elections of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan in the relevant administrative-territorial unit, appoints a repeat vote in cases provided for by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

21) appoints repeated elections of deputies of the Parliament of the Republic of Kazakhstan in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

22) appoints elections of deputies of the Parliament of the Republic of Kazakhstan instead of those who have retired;

23) prepares for consideration issues related to the application of penalties to deputies, their compliance with the requirements of paragraph 3 of Article 52 of the Constitution of the Republic of Kazakhstan, the rules of parliamentary ethics, as well as the termination of the powers of deputies and the deprivation of their powers and parliamentary immunity.

The control over the turnout of deputies at meetings of the Chambers of Parliament and their bodies, as well as the inadmissibility of the deputy's transfer of his vote, is carried out by the members of the Commission.

The procedure for consideration and submission to the Parliament of the Republic of Kazakhstan of the above issues is regulated by the relevant regulations approved by the Commission.;

24) adopt a resolution stating the fact of the occurrence of grounds entailing the termination of the powers of a deputy of Parliament, and a resolution stating the fact that the relevant person has lost the powers of a deputy of the Parliament of the Republic of Kazakhstan.;

25) establishes the results of voting on the termination of the powers of a deputy of the Senate of the Parliament of the Republic of Kazakhstan by the decision of the electors; approves samples of documents on the termination of the powers of a deputy of the Senate of the Parliament of the Republic of Kazakhstan by the decision of the electors;

26) in accordance with the size of the population of administrative-territorial units, determines the number of deputies of maslikhats elected from them when forming a new convocation.;

27) appoints regular and early elections of deputies of maslikhats;

28) when organizing and conducting elections of deputies of maslikhats, akims of a district, city of regional significance, city of district significance, village, settlement, rural district and members of other local self-government bodies, monitors the compliance of the activities of territorial election commissions with the requirements of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and when violations of the Constitutional Law of the Republic of Kazakhstan are detected. Kazakhstan "On elections in the Republic of Kazakhstan" cancels their decisions;

28-1) jointly with the authorized body for civil service affairs establishes a list of documents necessary to verify the compliance of a candidate for akim of a district, city of regional significance, city of district significance, village, settlement, rural district with the requirements of the legislation of the Republic of Kazakhstan in the field of public service;

29) determines the procedure and volume of posting messages of election commissions in periodicals at the expense of funds provided by the republican and local budgets;

30) informs voters about the course of the election campaign for the election of the President of the Republic of Kazakhstan and deputies of the Parliament of the Republic of Kazakhstan;

31) determines the procedure for conducting election campaigning and information support for the elections of the President of the Republic of Kazakhstan, deputies of Parliament, maslikhats of the Republic of Kazakhstan, akim of a district, city of regional significance, city of district significance, village, settlement, rural district, as well as members of other local self-government bodies;

32) posts on its Internet resource information provided by the mass media and users of online platforms on the amount of payment, conditions and procedure for providing airtime, print space and the amount of information for conducting election campaigning;

33) determines the procedure and conditions for holding pre-election debates;

34) organizes pre-election debates on television for presidential candidates, political parties that have put forward party lists of candidates for deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan;

35) approves the instructions for registration of authorized persons;

36) Excluded by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

37) establishes the procedure for storing election documents;

38) establishes the form and text of the ballot paper for the election of the President and deputies of the Mazhilis of Parliament according to party lists, the form of ballots for the election of deputies of the Senate of Parliament, deputies of the Mazhilis of Parliament elected in single-mandate territorial electoral districts, deputies of maslikhats, akim of the district, city of regional significance, city of district significance, village, village, rural districts and members of other local self-government bodies, the order of their manufacture, as well as the degree of security;

39) conducts a drawing of lots to establish the sequence of inclusion of names of political parties in the ballot paper for the election of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan in the manner determined by the Commission;

40) ensures the production of ballots for the election of the President of the Republic of Kazakhstan and deputies of the Parliament of the Republic of Kazakhstan;

41) determines the procedure for making changes to the ballots in case of withdrawal of candidacy, cancellation of the decision on nominating a candidate, cancellation of the decision on registration of candidates, party lists;

42) establishes the forms of voter lists (electors), a subscription list for collecting signatures of voters in support of presidential candidates, collecting signatures of electors in support of candidates for deputies of the Senate of Parliament and for collecting signatures of voters in support of candidates for akims of a district, city of regional significance, city of district significance, village, settlement, rural district, signature a list for collecting signatures of citizens for the recall of deputies of the Mazhilis of Parliament and Maslikhat of the Republic of Kazakhstan elected in a single-mandate territorial electoral district, other election documents;

43) approves the regulations on the certificate and badge of a deputy of the Parliament of the Republic, their samples and description;

44) establishes a sample of the certificate and badge for the President, deputies of maslikhats, as well as a sample of the certificate of the akim of a district, city of regional significance, district significance, village, settlement, rural district and members of other local self-government bodies;

45) establishes the procedure for using the electronic electoral system in the part not regulated by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

46) determines the electoral districts and polling stations in which the electronic electoral system or its individual elements will be used;

47) sets the time for the launch of the electronic electoral system;

48) maintains the unified electronic Register of citizens – voters of the Republic of Kazakhstan;

49) determines the procedure for verifying and submitting information in electronic form about voters and the boundaries of polling stations;

50) determines the procedure for the formation of voter lists for voting, as well as their submission to election commissions;

51) organizes the production, determines the procedure for issuing and recording absentee ballots;

52) carries out international cooperation in the field of electoral systems;

53) establishes a sample certificate for accredited observers;

54) determines the procedure and organizes work on sending citizens of the Republic of Kazakhstan to observe elections in foreign countries;

55) organizes an explanation of the legislation on elections of the Republic of Kazakhstan;

56) posts on the official Internet resource of the Commission regulatory legal acts on the electoral legislation of the Republic of Kazakhstan, information on the appointment and conduct of elections, as well as on the results of the counting of votes in the past elections.;

57) carries out work on studying electoral practice and improving the legislation on elections in the Republic of Kazakhstan for the official submission of a draft legislative act by the subject of the right of legislative initiative;

58) periodically publishes an information bulletin;

59) organizes and conducts training for participants in the electoral process;

60) conducts seminars with representatives of political parties and other participants in the electoral process on the organization and conduct of elections;

61) when conducting elections using the electronic election system, conducts training for members of the relevant election commissions on its application.;

62) through the mass media, organizes training of the population on the use of the electronic electoral system in elections;

63) draws up and submits to the Government of the Republic an approximate estimate of expenses for the conduct of the election campaign on the basis of budget applications submitted by territorial election commissions, in accordance with the procedure determined by the Commission;

64) distributes among the election commissions the funds of the republican budget allocated for the conduct of the election campaign;

65) determines the procedure for opening a special temporary account, spending election funds and the relevant banking institution;

66) determines the order and volume of allocation of funds for the performance of candidates;

67) publishes in the mass media information on the total amount of money received by the election fund and its sources within five days after the publication of the results of the elections of the President, deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan;

68) determines the procedure for financing political parties;

69) controls the creation of the necessary material and technical conditions for the activities of election commissions;

70) coordinates the work on creating conditions for the realization of the electoral rights of citizens with disabilities;

71) Approves the instructions for equipping the voting premises at the polling station, polling station;

72) establishes the shape of ballot boxes made of transparent voting material and samples of seals of election commissions;

73) purchases goods, works and services for the creation, development, implementation, maintenance, administration, operation and system maintenance of information and communication infrastructure facilities, an Internet resource and logistical support for electoral activities from the Republican State Enterprise under the right of economic management "Engineering and Technical Center of the Central Election Commission of the Republic of Kazakhstan";

74) directs election commissions for the election of the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, and for the recall of deputies of the Mazhilis of Parliament elected in single-mandate territorial electoral districts;

75) considers applications and complaints about decisions and actions (inaction) election commissions;

76) repeals and suspends decisions of election commissions;

77) submits an application to the court for termination of the activities of the election commission;

78) performs the functions of the Central Commission of the Referendum;

79) considers applications and complaints about violations of the legislation on the republican referendum;

80) informs citizens about the preparation of the referendum;

81) Approves the form of the certificate of registration of the referendum initiative group;

82) register the referendum initiative group and the question(s) proposed by it for the referendum, and post an official notice about it in the mass media;

83) issues a certificate of registration of the referendum initiative group at the same time as the subscription lists are issued;

84) decides on the termination of the activities of the members of the referendum initiative group, the activities of the initiative group and the revocation of the certificate of its registration in cases provided for by the Constitutional Law of the Republic of Kazakhstan "On the Republican Referendum".;

85) recognizes the holding of a referendum in certain areas (administrative-territorial units) as invalid in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On the Republican Referendum".;

86) summarizes the results of the referendum in the Republic of Kazakhstan as a whole, ensures the transmission of information about it in the mass media;

87) establishes the forms and texts of voting ballots, voter lists, signature lists, and other documents necessary for holding a referendum; the time of voting, as well as the procedure for storing referendum documents;

88) determines the procedure and terms of storage of signature lists and final protocols based on the results of the collection of signatures by the referendum initiative group;

89) directs the referendum commissions, cancels and suspends their decisions, as well as distributes funds among them for the organization and conduct of the referendum;

90) monitors the state of logistical support for the referendum commissions;

91) creates consultative and advisory bodies;

91-1) develops and approves the rules for the accreditation of public associations and non-profit organizations whose statutory activities include the conduct of election observation activities;

91-2) carries out the accreditation of republican public associations and non-profit organizations, whose statutory activities include the conduct of election observation activities.;

91-3) develops and approves the rules for the purchase of goods, works and services necessary for the organization and operation of election commissions during the preparation and conduct of elections, referendums;

91-4) develops and approves qualification requirements for members of territorial election commissions;

92) performs other functions in accordance with the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 15 - as amended by Decree of the President of the Republic of Kazakhstan dated 09/26/2018 No. 758; as amended by Decrees of the President of the Republic of Kazakhstan dated 07/10/2021 No. 620; dated 01/23/2023 No. 109.

16. The Commission has the following rights within its competence::

1) to hear reports from state bodies and organizations on issues related to the preparation and conduct of elections and republican referendums, as well as information from public associations on compliance with legislation on elections and republican referendums;

2) request and receive necessary information and materials from government agencies, organizations, and their officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

3) excluded by Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758;

4) exercise other rights provided for by the current laws of the Republic of Kazakhstan, acts of the President and the Government.

The footnote. Paragraph 16 as amended by Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758.

16-1. The Commission is obliged to:

1) comply with the legislation of the Republic of Kazakhstan on elections and take measures to ensure compliance with the legislation of the Republic of Kazakhstan on elections;

2) timely consider appeals and complaints about decisions and actions (inaction) election commissions;

3) take measures to eliminate violations and deficiencies identified (identified) during the state audit;

4) provide every citizen with the opportunity to familiarize himself with documents, decisions and sources of information affecting his rights and interests.;

5) observe the Constitution and legislation of the Republic of Kazakhstan, respect the rights, freedoms, honor and dignity of others.

The footnote. The Regulation was supplemented by paragraph 16-1 in accordance with the Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758.

Chapter 3. Organization of the Commission's activities

The footnote. The title of Chapter 3 is as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

17. The Commission consists of a Chairman and six members in accordance with the procedure established by the Constitution of the Republic of Kazakhstan.

18. The Chairman of the Commission is appointed and dismissed by the President of the Republic of Kazakhstan.

19. Two members of the Commission are appointed respectively by the President of the Republic of Kazakhstan and the Chambers of the Parliament of the Republic of Kazakhstan.

20. The Vice-Chairman and Secretary of the Commission are elected at the first meeting of the Commission.

The Chairman, members of the Central Election Commission and staff of its staff exercise their powers on a professional permanent basis.

The footnote. Paragraph 20 as amended by Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758.

21. The management of the Commission is carried out by the Chairman.

22. Chairman of the Commission:

1) excluded by Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758;

2) upon assuming office, the President of the Republic of Kazakhstan shall present to the President the appropriate certificate and badge of the standard established by the Commission, as well as the standard of the President of the Republic of Kazakhstan and the Order of "Altyn Kiran" ("Golden Eagle") of a special type.;

3) approves the structure and staffing of the Commission's staff within the limits of the number and salary fund determined by the Government of the Republic of Kazakhstan;

4) at the first session of the Parliament, before the election of the Chairman of the Mazhilis, preside over the meetings of the Mazhilis of the Republic of Kazakhstan;

5) represents the interests of the Commission in court and other state bodies, and is also entitled to delegate the authority to represent the interests of the Commission to other persons by issuing a corresponding power of attorney.

The powers of the Chairman of the Commission during his absence are performed by the person replacing him, in accordance with the current legislation of the Republic of Kazakhstan.

The footnote. Paragraph 22 as amended by Decree of the President of the Republic of Kazakhstan dated 26.09.2018 No. 758.

23. Meetings of the Commission during the preparation and conduct of the election campaign are held at least once every two weeks. At other times, meetings of the Commission are held as necessary on the initiative of the Chairman or at least one third of the members of the Commission.

Meetings of the Commission are valid if they are attended by at least two thirds of the total number of members of the Commission. Decisions of the Commission are made by open voting by a majority vote of the total number of its members, except in other cases established by the Constitutional laws of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and "On the Republican Referendum".

Members of the Commission who disagree with its decision have the right to express a dissenting opinion, which is attached in writing to the minutes of the Commission meeting.

24. Organizational, informational and legal support of the Commission's activities is provided by its staff.

25. The Commission's staff is headed by the Head of the Commission's staff, who is appointed and dismissed by the Chairman of the Commission.

Chapter 4. Property of the Commission

The footnote. The title of Chapter 4 is as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

26. The Commission may have separate property on the right of operational management in cases stipulated by the legislation of the Republic of Kazakhstan.

The property of the Commission is formed at the expense of property transferred to it by the owner, as well as property (including monetary income) acquired as a result of its own activities and other sources not prohibited by the legislation of the Republic of Kazakhstan.

27. The property assigned to the Commission belongs to republican ownership.

28. The Commission shall not have the right to independently alienate or otherwise dispose of the property assigned to it and property acquired at the expense of funds provided to it under the financing plan, unless otherwise established by the legislation of the Republic of Kazakhstan.

Chapter 5. Reorganization and abolition of the Commission

The footnote. The title of Chapter 5 is as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 109.

29. The reorganization and abolition of the Commission are carried out in accordance with the legislation of the Republic of Kazakhstan.

List of organizations under the jurisdiction of the Central Election Commission of the Republic of Kazakhstan

The footnote. The Regulation has been supplemented with a List in accordance with the Decree of the President of the Republic of Kazakhstan dated 29.01.2015 No. 995.

Republican State Enterprise under the right of economic management "Engineering and Technical Center of the Central Election Commission of the Republic of Kazakhstan".

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases