Article 113-5. Registration of candidates for akims of the Constitutional Law on Elections in the Republic of Kazakhstan

Home / Constitutional law / Article 113-5. Registration of candidates for akims of the Constitutional Law on Elections in the Republic of Kazakhstan

1. Registration of candidates is carried out by the relevant territorial election commission.

2. A candidate, with the exception of a candidate nominated by a political party, pays an election contribution from his own funds to the account of local executive bodies.:

for candidates for akims of a district (city of regional significance) – five times the minimum wage established by the law on the republican budget for the relevant financial year and effective on January 1 of the relevant financial year.;

for candidates for akims of a city of district significance, village, settlement, rural district – at a one-time minimum wage established by the law on the republican budget for the relevant financial year and effective on January 1 of the relevant financial year.

The political party that has nominated a candidate pays an election contribution from its funds to the account of local executive bodies for each nominated candidate.:

The paid contribution is refunded to the candidate or political party in cases where, following the results of the election, the candidate was elected mayor or, following the results of voting, the candidate won at least five percent of the votes of 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 local budget revenue.

3. 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 liabilities for the first day of the month of the beginning of the nomination period in accordance with the procedure and form established by the authorized state body 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 checked by the state revenue authorities within five 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 three days from the date of receipt of the request.

4. From the moment of receipt of the registration documents, the relevant territorial election commission sends the candidate's documents to the national security bodies of the Republic of Kazakhstan for special verification.

The results of a special audit are submitted by the national security authorities of the Republic of Kazakhstan to the district (city) election commission within thirty days from the date of receipt of the documents from the district (city) election commission.

At the same time, organizations that have received the requirements of the national security authorities of the Republic of Kazakhstan to provide information during a special audit are required to provide the requested information within three days from the date of receipt of the request.

5. Registration of a candidate nominated by a political party is subject to the following documents::

1) extracts from the minutes of the meeting of the supreme governing body of the relevant branch (representative office) of a political party on the nomination of a candidate, accompanied by a copy of the document on the state registration of this political party;

2) applications of a citizen for consent to run as a candidate for akim;

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 certifying that a political party has made an election contribution;

6) a document confirming a person's membership in a political party;

7) documents required for conducting a special check of citizens entering the civil service of the Republic of Kazakhstan.

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

1) statements by a citizen about his intention to run as a candidate for akim;

2) the protocol of the relevant territorial election commission on the results of verification of signatures of voters of the relevant administrative-territorial unit in support of the candidate;

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 certifying that the candidate has made an election contribution;

6) documents required for conducting a special check of citizens entering the civil service of the Republic of Kazakhstan.

7. Registration of a candidate nominated by a higher akim in accordance with the procedure provided for in the second part of paragraph 6 of Article 113-3 of this Constitutional Law is carried out in the presence of the following documents:

1) representations of the superior akim;

2) applications of a citizen for consent to run as a candidate for akim;

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 certifying that the candidate has made an election contribution;

6) documents required for conducting a special check of citizens entering the civil service of the Republic of Kazakhstan.

8. The relevant territorial election commission shall draw up a protocol on the registration of candidates.

9. No later than on the fifth day after the registration of candidates, the relevant territorial election commission shall publish in the local mass media a notice of registration indicating the surname, first name, patronymic (if it is indicated in the identity document), year of birth, position (occupation), place of work and address of residence of each candidate., the method of nomination, as well as, depending on the candidate's discretion, information about his membership in a political party and nationality.

10. The relevant territorial election commission issues the relevant certificate to the candidates upon registration.

11. The relevant territorial election commission refuses to register or cancels the decision to register a candidate in the following cases::

1) violations of the nomination rules by the candidate, failure to submit the necessary documents for registration;

2) the candidate's inconsistencies with the requirements imposed on him by this Constitutional Law, Article 36-2 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan in the field of public service;

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

4) conducting pre-election campaigning by the candidate, as well as by the political party nominating the candidate, before the end of the registration period;

5) 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;

6) establishing by the court the facts of bribery of voters by the candidate and his proxies;

7) receiving negative results of a special check;

8) other cases established by this Constitutional Law.

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

12. 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.

13. The refusal to register a candidate or the cancellation of a decision on his registration may be appealed within three days by a political party, a higher akim who nominated candidates, or a candidate to the relevant regional election commission or court. The decision on the complaint is made by a court or a higher territorial election commission within three days from the date of filing the complaint.

14. Registration of a candidate begins after receiving all necessary documents and ends at eighteen o'clock local time twenty-five days before the day of the election of mayors of districts, cities of regional significance and twenty days before the day of the election of mayors of cities of regional significance, villages, towns, rural districts, unless otherwise specified when calling the election.

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

President

Republic of Kazakhstan

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