On January 21, a meeting of the Central Election Commission of the 

Republic of Kazakhstan was held

A regular meeting of the Central Election Commission of the Republic of Kazakhstan was held as part of the electoral campaign of members of the Mazhilis of the Parliament and maslikhats of all levels. The meeting was attended by representatives of political parties, the Prosecutor General’s Office, the ministries of justice, internal affairs, finance as well as representatives of the media, while territorial election commissions of regions, Astana, Almaty and Shymkent participated in the videoconferencing mode.

The meeting was held with the provision of a live broadcast on the Youtube channel with sign language translation.

The following issues were considered at the meeting:

1) on novelties in the electoral legislation of the Republic of Kazakhstan;

2) on the admission of political parties to participate in the elections of members of the Mazhilis of the Parliament and maslikhats elected according to party lists;

3) on the procedure for nominating candidates for members of the Mazhilis of the Parliament and maslikhats of the Republic of Kazakhstan in the early elections scheduled for March 19, 2023;

4) on accreditation of public associations, non-profit organisations for election observation.

Opening the meeting, Chairman of the Central Election Commission of the Republic of Kazakhstan Nurlan Abdirov noted that the Central Election Commission pays great attention to explaining the electoral legislation and informing voters, as well as all participants in the electoral process, about the course of the election campaign.

This activity, which unites the efforts of state authorities, local governments, political parties and all interested parties, is aimed at forming an electoral and legal culture and literacy of the entities of the electoral process, and also contributes to the involvement of citizens of the republic in the process of government.

The Central Election Commission organises explanatory work on a systematic basis, both during meetings and at dialogue and expert platforms of the Central Election Commission.

Member of the Central Election Commission Assylbek Smagulov made a report on the first issue – On novelties in the electoral legislation of the Republic of Kazakhstan.

He said that the upcoming early elections of members of the Mazhilis and maslikhats would be held in a new format in accordance with the amendments made to the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan.”

According to the new rules provided in paragraphs 2, 3, 4 of Article 9 of the Constitutional Act:

- Mazhilis members shall be elected by the system of proportional representation on the territory of the current nationwide constituency, as well as in single-seat territorial constituencies;

- half of the maslikhat members of regions, cities of republican significance and the capital shall be elected through a system of proportional representation in the territory of a single territorial constituency, the second half – in territorial constituencies;

- maslikhat members of districts and cities of regional significance shall be elected in single-seat territorial constituencies.

District election commissions shall ensure the organisation and conduct of elections of members of the Mazhilis of the Parliament and maslikhats in single-mandate territorial constituencies.

If the boundaries of constituencies for single-mandate territorial electoral districts coincide with the boundaries of administrative territorial units, district election commissions shall not be created, their powers shall be exercised by territorial election commissions.

As part of the second question, Vice Minister of Justice of the Republic of Kazakhstan Alma Mukanova provided official information on the current situation with the branch network of political parties registered in the Republic of Kazakhstan.

Shavkhat Utemissov, a member of the Central Election Commission, made a report on the admission of political parties to participate in the elections of members of the Mazhilis of the Parliament and maslikhats elected according to party lists.

S. Utemissov noted that since not all political parties registered today in the Republic of Kazakhstan have branches in all districts and cities, it is assumed that the nomination of party lists of candidates for maslikhat members of all levels will be carried out at conferences of regional branches.

Due to the fact that the Baytak Kazakh Green Party has branches in Atyrau, Karaganda and Kyzylorda regions, this party is allowed to elect maslikhat members only in these regions.

The Respublica party has no branches in the regions.

In this regard, separate resolutions were adopted at the meeting:

- on the admission of each political party to participate in the elections of Mazhilis members to the Parliament of the Republic of Kazakhstan, elected according to party lists;

- on the admission of 6 political parties, with the exception of the Respublica party, to participate in the elections of maslikhat members of the Republic of Kazakhstan, elected according to party lists, including the Baytak Kazakhstan Green Party to participate in the elections of maslikhat members of all levels only in Atyrau, Karaganda and Kyzylorda regions of the Republic of Kazakhstan;

Representatives of political parties were also informed that if they register their branches in the regions before the end of the nomination period and upon confirmation of this fact from the justice authorities, the CEC of the Republic of Kazakhstan will consider the issue of their admission to the elections in these regions.

Members of the Central Election Commission and representatives of state bodies gave comprehensive answers to numerous questions from representatives of political parties.

Sh. Utemisov also made a report on the third issue – On the procedure for nominating candidates for members of the Mazhilis of the Parliament and maslikhats of the Republic of Kazakhstan in the early elections scheduled for March 19, 2023.

He said that in accordance with the Calendar plans for the main events for the preparation and holding of early elections, the nomination of candidates for Mazhilis members to the Parliament of the Republic of Kazakhstan and maslikhat members began on January 20, 2023 and ends at 18:00 local time on February 8, 2023.

70 percent of Mazhilis members and half of the maslikhat members of regions and cities of republican significance shall be elected by party lists. The right to nominate them belongs to political parties. 30 percent of the Mazhilis members, and all maslikhat members of districts and cities of regional significance shall be elected in single-mandate territorial constituencies. The right to nominate them belongs to political parties, public associations, as well as their structural subdivisions (branches and representative offices) if the relevant authority is provided in the charter; citizens through self-nomination.

A candidate from a political party, a public association, their structural subdivisions (branches and representative offices), as well as a self-nominated person, shall be registered in the presence of the documents established by paragraph 4-1 of Article 89 of the Constitutional Act.

The Central Election Commission shall check the compliance of candidates included in the party list or elected in single-seat constituencies with the requirements established by the Constitution and the Constitutional Act.

The CEC immediately after receipt of these documents shall send requests to the authorised departments – the Ministry of Internal Affairs, the Committee on Legal Statistics and Special Accounts of the Prosecutor General’s Office, the Ministries of Justice and Finance.

Only one list of candidates for Mazhilis members to the Parliament from one political party shall be allowed for registration, with the number of persons included in it not exceeding the established number of MP mandates distributed among political parties by 30%. The number of MPs elected from party lists is 69. Therefore, the party list submitted for registration cannot include more than 90 candidates.

The law prohibits a person included in the party list for election to the Mazhilis members to the Parliament, to be nominated in a single-mandate territorial constituency.

In a single-mandate constituency, a candidate who meets the requirements of the Constitution and the election act is allowed to register.

As already mentioned, only half of the members of the regional maslikhat are elected from party lists. The inclusion in the party list of persons for election as a maslikhat member of the corresponding administrative-territorial unit shall be carried out by a majority of votes from the total number of members of the supreme governing body of the corresponding branch (representative office) of the political party.

The relevant territorial election commission (of regions, cities of republican significance and the capital) shall check the compliance of candidates included in the party list with the requirements established by the Constitution and the Constitutional Act.

Registration of candidates for members of the Mazhilis and Maslikhats begins on January 20, 2023 and ends at 18:00 local time on February 18, 2023.

After reviewing the documents, the election commissions decide on the registration of the party list, on the refusal to register or on the exclusion of the person included in the party list in cases established by the Constitutional Act. A decision on registration or refusal to register shall also be made for a candidate in a single-mandate territorial constituency.

The grounds for refusing or cancelling the registration of an MP candidate are provided in Articles 89 and 104 of the Constitutional Act.

Anastassiya Schegortsova, a member of the Central Election Commission, spoke on the fourth issue – On the accreditation of public associations, non-profit organisations for election observation.

She said that the procedure for accreditation was approved by the decision of the Central Election Commission of the Republic of Kazakhstan (registered with the Ministry of Justice of the Republic of Kazakhstan dated December 27 No. 31294).

Those public associations and non-profit organisations whose statutory activities provide the implementation of election observation activities shall be subject to accreditation. Political parties are not required to be accredited to observe.

According to the accreditation procedure, republican public associations and non-profit organisations receive accreditation from the CEC of the Republic of Kazakhstan. Accordingly, accreditation of regional and local public associations and non-profit organisations shall be carried out by territorial election commissions.

To obtain accreditation, public associations, non-profit organisations shall submit an application in the form reflected in the above Rules, and an extract from the charter confirming the right to observe elections.

After receiving the documents, the commissions consider and decide on accreditation or refusal.

The term for consideration of applications is 30 calendar days. This process involves sending a request to the justice authorities to confirm the authenticity of the charter and obtain information about the status of the organisation. The justice authorities consider the request within 20 calendar days. After that, a certificate of accreditation or a written notice of refusal shall be issued within five working days.

The legislation establishes the grounds for denial of accreditation or cancellation of accreditation, which may be the failure to submit a complete list of documents, non-compliance of the charter with the requirements of this article, and also if the activities of a public association, non-profit organisation are suspended or terminated.

The accreditation period is 1 year.

Scope of the certificate of accreditation issued by the election commissions:

- Republican public associations and non-profit organisations are granted the right to participate in all elections;

- regional public associations and non-profit organisations are granted the right to participate in all elections within those regions where there are their structural subdivisions (branches and representative offices).

- Accordingly, local public associations and non-profit organisations receive the right to participate in all elections regulated by the Constitutional Act ‘On Elections of the Republic of Kazakhstan” during the year within the same region.

The accredited activity of an election observer may be suspended by the relevant election commission for a period of up to three months in case of detection of false or distorted data in the documents submitted for accreditation, as well as if the activity of a public association, non-profit organisation is suspended.

When the violations that caused the suspension of the certificate are eliminated, its validity is renewed by the relevant election commission on the basis of a decision of the Commission.

The accreditation certificate is terminated if the identified violations are not eliminated in time, or the accredited association or organisation is subject to reorganisation or liquidation or based on an application from a public association or non-profit organisation for the voluntary termination of the certificate.

Upon expiry of the validity period, the accreditation certificate is cancelled.

The list of accredited public associations, non-profit organisations is posted on the website of the CEC of the Republic of Kazakhstan within five working days. A list of organisations whose accreditation certificates have been suspended or terminated is also published. Data by regions will also be reflected in this register.

As of January 21 this year, the election commissions received 2 applications for accreditation.

Concluding the meeting, Chairman of the Central Election Commission Nurlan Abdirov stressed that the main requirement for the organisers and participants of the elections is the strict observance of the rule of law. The Central Election Commission will take all measures to ensure transparency and fairness of the current election campaign.

Following the meeting, an extended briefing was held.