Article 104. Registration of candidates for deputies of Maslikhats of the Constitutional Law on Elections in the Republic of Kazakhstan

     The footnote. Title of Article 104 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 No. 156-VI (effective from 01.01.2023).

     1. Registration of party lists submitted by political parties is carried out by the relevant territorial election commissions.

     Political parties that have put forward party lists shall make an election contribution from their funds to the account of local executive bodies in the amount of five times the minimum wage established by the legislation of the Republic of Kazakhstan for each person included in the party list.

     The election fee for the relevant territorial electoral district is not paid by political parties that received five percent or more of the votes cast in the previous elections of deputies of the relevant maslikhat.

     A political party that has received from three to five percent of the votes cast in the relevant territorial electoral district in the previous elections of deputies of the relevant maslikhat from the number of voters who took part in the voting, shall pay an election contribution in the amount of fifty percent of the amount of the election contribution established in part two of this paragraph.

     A political party that has received from one to three percent of the votes cast in the relevant territorial electoral district in the previous elections of deputies of the relevant maslikhat from the number of voters who took part in the voting, shall pay an election contribution in the amount of seventy percent of the amount of the election contribution established in part two of this paragraph.

     The contribution paid is refunded to the political party in cases where, following the election results, the political party has won at least five percent of the votes cast, as well as in the event of the death of the only candidate included in the party list. In all other cases, the contribution is non-refundable and is transferred to the revenue of the republican budget.

     1-1. Registration of candidates for deputies of maslikhats in single-mandate territorial electoral districts is carried out by district election commissions.

     A candidate for deputy of the Maslikhat, before registration and after his/her verification for compliance with the requirements set forth by the Constitution and this Constitutional Law, shall make an election contribution to the account of local executive bodies as a deposit in the amount of five times the minimum wage established by the legislation of the Republic of Kazakhstan. The contribution paid is refunded to the candidate in cases where, following the results of the elections, the candidate was elected a deputy of the Maslikhat or, following the results of the voting, the candidate won at least five percent of the votes of the voters who took part in the voting, as well as in the event of the candidate's death. In all other cases, the contribution is non-refundable and is transferred to the revenue of the republican budget.

     2. Prior to registration, the candidate and his (her) spouse shall submit to the state revenue authorities at their place of residence declarations of assets and obligations on the first day of the month of the beginning of the nomination period established in accordance with this Constitutional Law, in accordance with the procedure and form established by the authorized state body of the Republic of Kazakhstan responsible for ensuring tax revenues and other mandatory payments to the budget.

     The accuracy of information on assets and liabilities declared by the candidate and his (her) spouse is verified by the state revenue authorities within fifteen days from the date of registration of the candidate.

     At the same time, organizations that have received requests from state revenue authorities to provide information about the assets and obligations of the candidate and his (her) spouse are required to provide the requested information within four days from the date of receipt of the request.

     3. Registration of party lists is carried out in the presence of the following documents:

     1) extracts from the protocol of the supreme governing body of the relevant branch (representative office) of the political party on the nomination of the party list, accompanied by a copy of the document on the registration of the political party with the authorized body;

     2) applications of a citizen for consent to be included in the party list;

     3) biographical information about each person included in the party list;

     4) a document confirming the payment of an election contribution by a political party;

     5) certificates from the state revenue authority on the submission of declarations of assets and liabilities by the candidate and his (her) spouse;

     6) a document confirming the membership of the person included in the party list in the political party that put forward this list.

     3-1. Registration of a candidate from a political party, public association, and their structural divisions (branches and representative offices) is carried out in the presence of the following documents:

     1) extracts from the minutes of the supreme governing body of a political party, public association, their structural divisions (branches and representative offices) on the nomination of a candidate in the relevant electoral district, accompanied by an extract from the charter confirming the right of nomination by structural divisions (branches and representative offices), a copy of the document on registration of a political party, public association in the Ministry of Justice of the Republic of Kazakhstan, registration of structural divisions (branches and representative offices) in the territorial bodies of justice;

     2) applications of a citizen for consent to run as a candidate for deputy in this electoral district from the political party or public association that nominated him;

     3) biographical information about the candidate;

     4) certificates from the state revenue authority on the submission of declarations of assets and liabilities by the candidate and his (her) spouse;

     5) a document confirming that the candidate has made an election contribution.

     Registration of a candidate in case of his self-nomination is carried out in the presence of the following documents:

     1) statements of intention to run as a candidate in this electoral district;

     2) biographical information about the candidate;

     3) certificates from the state revenue authority on the submission of declarations of assets and liabilities by the candidate and his (her) spouse;

     4) a document confirming that the candidate has made an election contribution.

     Any number of candidates for deputies of the Maslikhat is allowed to register.

     4. Only one list from one political party is allowed to be registered in a territorial electoral district, in which the total number of women and youth must be at least thirty percent of the total number of persons included in it.

     5. The relevant election commission draws up a protocol on the registration of party lists and candidates for deputies of the Maslikhat, which is submitted to a higher or territorial election commission within five days.

   6. Territorial Election Commission:

     1) no later than on the seventh day after the registration of the party lists, publish in the local 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 (if it is indicated in the identity document), year of birth, position (gender occupation), the place of work and residence of each person included in the party list;

     2) issues the appropriate certificate to the candidates upon registration.;

     3) refuses to register or cancels the decision to register a party list in the following cases::

     violations by a political party of the rules for nominating a party list, failure to submit the necessary documents for registration;

     the political party that nominated the party list, its candidates, and its proxies conducted election campaigning before the registration deadline;

     establishment by the court of the fact of dissemination by the candidate and (or) his proxies of false information discrediting the honor and dignity of another candidate, undermining his business reputation;

     withdrawal from the party list of persons who make up more than fifty percent of the entire party list;

     the court has established the facts of bribery by the political party that nominated the party list, or by its proxies of voters;

     in other cases established by this Constitutional Law.

     The cancellation of the decision to register a party list or the restoration of a previously unregistered party list two days before voting day is not allowed.;

     4) decides on the exclusion of a person included in the party list from this list in the following cases::

     inconsistencies of a person included in the party list with the requirements imposed on a candidate by the Constitution of the Republic of Kazakhstan and this Constitutional Law;

     identification at the time of filing the declaration of unreliability of information about assets and liabilities declared by the candidate or his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption;

     the use of an official or official position by a person included in the party list in his election campaign;

     conducting election campaigning by a person included in the party list before the deadline for registration of the party list;

     establishing by the court the facts of bribery of voters by a person included in the party list or his proxies;

     in other cases established by this Constitutional Law.

     The decision to exclude a person included in the party list from this list may be appealed by the political party that nominated the party list, or by the person excluded from the party list, to the court, whose decision is final.

     It is not allowed to make a decision on the exclusion of a person included in the party list two days before the voting day.

     6-1. District Election Commission:

     1) no later than on the seventh day after the registration of candidates in single-mandate territorial electoral districts, publish in the local mass media a notice on the registration of candidates indicating the surname, first name, patronymic (if it is indicated in the identity document), year of birth, position (occupation), place of work and residence of each candidate, as well as , depending on the candidate's discretion , information about his membership in a political party, public association, and nationality;

     2) when registering, issues a corresponding certificate to candidates in single-mandate territorial electoral districts.;

     3) refuses registration or cancels the decision on registration of a candidate in single-mandate territorial electoral districts in the following cases::

     violations by a political party, a public association, their structural divisions (branches and representative offices), a candidate of the rules of nomination, failure to submit the necessary documents for registration;

     political parties, public associations, their structural subdivisions (branches and representative offices), candidates nominated by them, candidates in the order of self-nomination, as well as trusted persons of election campaigning before the end of the registration period;

     establishment by the court of the fact of dissemination by a political party, a public association, their structural divisions (branches and representative offices), a candidate and (or) trusted persons of false information discrediting the honor and dignity of another candidate, undermining his business reputation;

     the court established the facts of bribery of voters by a political party, a public association, their structural divisions (branches and representative offices), candidates nominated by them, candidates in the order of self-nomination, as well as trusted persons;

     non-compliance of a candidate with the requirements imposed on him by the Constitution and this Constitutional Law;

     the candidate's use of an official or official position in his election campaign;

     in other cases established by this Constitutional Law;

     4) cancels the decision on registration of a candidate if, at the time of filing the declaration, the unreliability of information about assets and liabilities declared by the candidate or his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption is revealed.

     It is not allowed to cancel the decision on registration of a candidate or reinstate a candidate who was previously de-registered two days before the voting day.

     7. Refusal to register or cancellation of the decision to register a party list or candidate may be appealed to a higher election commission or court within seven days. In case of refusal to register or cancellation of the decision on registration of a candidate nominated by a political party, public association, their structural divisions (branches and representative offices) in single-mandate territorial electoral districts, such a decision may be appealed by both the candidate himself and the political party, public association, their structural divisions (branches and representative offices), who nominated the candidate. In this case, the higher election commission or the court makes a decision on the complaint within seven days from the date of filing the complaint.

     8. Registration of party lists and candidates begins sixty days before election day and ends at eighteen o'clock local time twenty-five days before election day, unless otherwise specified when calling the election.

Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.

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