AMENDMENTS TO ELECTORAL LEGISLATION DISCUSSED 

AT A MEETING OF THE EXPERT COUNCIL UNDER THE

 CENTRAL ELECTION COMMISSION

Today, the Central Election Commission of the Republic of Kazakhstan held the sixth meeting of its Expert Council, dedicated to issues concerning the application of new provisions of electoral legislation during the preparation and conduct of the first elections of deputies of the Kurultai of the Republic of Kazakhstan.

The participants discussed the development of electoral law under the new constitutional framework, the specific features of conducting elections of deputies of the Kurultai, the legal regulation of election campaigning, the expansion of guarantees for the exercise of citizens’ electoral rights, and the improvement of election financing mechanisms.

In his opening remarks, the Chairman of the Central Election Commission noted that particular attention was being paid to the implementation of the provisions of the revised Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” and new legislative mechanisms being applied for the first time during the current electoral campaign.

“The launch of the elections of deputies to the Kurultai, scheduled by the Decree of President Kassym-Jomart Tokayev dated 1 July, was an integral part of the constitutional reform process. On the same day, we held the first meeting of the Central Election Commission, at which we adopted the Calendar Plan of Key Electoral Activities. The CEC’s primary task is to ensure the effective and timely implementation of a wide range of organisational measures, the execution of which directly affects the overall quality of the electoral process,” noted Nurlan Abdirov.

The Chairman of the Commission also presented the updated composition of the Expert Council, emphasising that since its establishment in 2022, Council members have actively participated in the preparation of key documents and provided scientific and expert support for the development of constitutional and electoral legislation.

He noted that Council members had contributed to the work of the Constitutional Commission on drafting the new Constitution, the preparation of the Scientific Commentary on the new Constitution, and the development of a new edition of the commentary on the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan.”

Ermek Abdrasulov, a member of the Expert Council, Doctor of Legal Sciences and Academician of the Academy of Legal Sciences, shared his views on the development of electoral law in the context of the new constitutional framework. He noted that the constitutional reform had set a new direction for the development of electoral law, while the provisions of the new Constitution had been systematically reflected in the revised electoral legislation and other legislative acts designed to ensure their implementation.

“The philosophy of a Just Kazakhstan, based on the principle of ‘Law and Order’, lies at the heart of this comprehensive modernisation. Within this paradigm, the electoral system serves not merely as a technical instrument for forming government institutions, but as the central foundation of state legitimacy. The constitutional reform has affected three key levels of public authority: the institution of the Presidency, the supreme legislative body, and the systems of local government and self-government. Within this model, the electoral system assumes particular importance as an institution that ensures the legitimacy of public authority. The reform safeguards the electoral sovereignty of the state and, most importantly, guarantees that in a Just Kazakhstan, the voice of every segment of society will not merely be counted, but will also be institutionally heard at the highest level of government,” noted Ermek Abdrasulov.

Isidor Borchashvili, a member of the Expert Council, Professor and Doctor of Legal Sciences, also shared his views on the evolution of elections in the context of the new Constitution. He emphasised the importance of the ongoing constitutional reform in the country, noting that it had provided significant momentum for the country's further development.

Indira Aubakirova, a member of the Expert Council, Professor and Doctor of Legal Sciences, highlighted the importance of further strengthening public confidence in the electoral system in her remarks.

“In my view, we are witnessing the emergence of a new model of representative democracy. It is not only the structure of Parliament that has changed, but also our understanding of what makes a parliament truly influential. The history of constitutionalism clearly demonstrates that it is not so much the Constitution itself, but rather public trust, that makes a parliament influential. The most important outcome of elections is public trust. Even the most完善 perfect law cannot ensure the legitimacy of Parliament if society does not trust the process through which it is formed. In this context, the Central Election Commission is becoming more than just an organiser of elections. It is becoming a constitutional guarantor of public trust in the electoral process,” noted Indira Aubakirova.

Marat Kogamov, Doctor of Legal Sciences and Professor, addressed the legislative innovations concerning the legal regulation of election campaigning in his remarks. The expert highlighted the significance of the amendments introduced, while emphasizing the need for active efforts to inform all voters about these new provisions.

The participants of the Expert Council also discussed issues related to expanding guarantees for the exercise of citizens’ electoral rights. Assel Zhanabilova, a member of the Central Election Commission, presented legislative innovations concerning new approaches to the designation of polling stations and improvements to the procedure for allowing citizens to review voter lists.

“One of the most significant innovations is the introduction of the possibility of establishing polling stations for employees working on a rotational basis, as well as those employed at enterprises with continuous production cycles. This amendment is of considerable practical importance. Today, thousands of citizens are at mining sites, industrial facilities and other remote locations on election day, where leaving their workplaces could disrupt production processes. As a result, the exercise of their constitutional right to participate in elections has been objectively hindered. The new legal provisions allow polling stations to be established directly at these citizens’ workplaces. In this way, the legislator removes organizational barriers to electoral participation and ensures equal opportunities to exercise electoral rights, regardless of working conditions,” explained Assel Zhanabilova.

Snezhanna Imasheva, a member of the Expert Council, shared her views with the participants on legislative innovations related to non-state financing of elections. She elaborated on the new mechanisms aimed at preventing undisclosed financing of election campaigns, ensuring transparency in the formation and expenditure of electoral funds, and bringing national legislation into alignment with international standards.

In concluding the meeting, the participants emphasized that the modernization of electoral legislation requires continuous academic examination and analysis of law enforcement practices. In this regard, the Expert Council under the Central Election Commission, which brings together leading representatives of the academic and expert communities, remains an important platform for developing proposals aimed at further improving electoral legislation and advancing the electoral system of the Republic of Kazakhstan.