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Home / Constitutional law / Article 133. Entry into force and operation of this Constitutional Law The Constitutional Law on Elections in the Republic of Kazakhstan

Article 133. Entry into force and operation of this Constitutional Law The Constitutional Law on Elections in the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 133. Entry into force and operation of this Constitutional Law The Constitutional Law on Elections in the Republic of Kazakhstan

     This Constitutional Law:

     1) comes into force from the date of publication;

     2) applies to legal relations that have arisen after the entry into force of this Constitutional Law.

     Suspend the operation of paragraph 3 of Article 19 until January 1, 2019, having established that during the period of suspension this paragraph is valid in the following wording:

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

     The Chairman of the election commission represents the interests of the commission in court and other state bodies, and also has the right to delegate the authority to represent the interests of the election commission to other persons by issuing a corresponding power of attorney.".

     Suspend the action until January 1, 2021.:

     1) in article 59:

     the first, second, third and fourth parts of paragraph 2, having established that during the period of suspension, the first, second and third parts are valid in the following wording:

     "Before registration, the candidate and his (her) spouse shall submit income and property declarations to the state revenue authorities at their place of residence 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 income taxes and other mandatory payments to the budget.

     The accuracy of information on income and property 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 the state revenue authorities to provide information on the income and property 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.";

     subparagraph 4-2) of paragraph 5, having established that during the period of suspension this subparagraph is valid in the following wording:

     "4-2) certificates from the state revenue authority on the submission of income and property declarations by the candidate and his (her) spouse;";

     of the first part of subparagraph 3-1) of paragraph 7, having established that during the period of suspension this part is valid in the following wording:

     "3-1) cancels the decision on registration of a candidate if, at the time of filing the declaration, the unreliability of information on income and property declared by the candidate or his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption is revealed.";

     2) in article 73:

     of the second, third and fourth parts of paragraph 2, having established that during the period of suspension these parts are valid in the following wording:

     "Before registration, the candidate and his (her) spouse shall submit income and property declarations to the state revenue authorities at their place of residence 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 income taxes and other mandatory payments to the budget.

     The accuracy of information on income and property 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 the state revenue authorities to provide information on the income and property 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.";

     subparagraph 4-2) of paragraph 4, having established that during the period of suspension this subparagraph is valid in the following wording:

     "4-2) certificates from the state revenue authority on the submission of income and property declarations by the candidate and his (her) spouse;";

     subparagraph 3-2) of paragraph 5, having established that during the period of suspension this subparagraph is valid in the following wording:

     "3-2) certificates from the state revenue authority on the submission of income and property declarations by the candidate and his (her) spouse;";

     of the first part of subparagraph 3-1) of paragraph 6, having established that during the period of suspension this part is valid in the following wording:

     "3-1) cancels the decision on registration of a candidate if, at the time of filing the declaration, the unreliability of information on income and property declared by the candidate or his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption is revealed.";

     3) in article 89:

     paragraph 2, having established that during the period of suspension this paragraph is valid in the following wording:

     "2. Prior to registration, the candidate and his (her) spouse shall submit income and property declarations to the state revenue authorities at their place of residence 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 income and property declared by a candidate nominated by a political party and his (her) spouse is verified by the state revenue authorities within fifteen days from the date of registration of the party list.

     At the same time, organizations that have received requests from state revenue authorities to provide information on the income and property of a candidate nominated by a political party and his/her spouse are required to provide the requested information within four days from the date of receipt of the request.

     The accuracy of information on income and property declared by a candidate nominated by the Council of the Assembly of People of Kazakhstan and his (her) spouse is verified by the state revenue authorities within three 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 on the income and property of a candidate nominated by the Council of the Assembly of People of Kazakhstan and his (her) spouse are required to provide the requested information within two days from the date of receipt of the request.";

     subparagraph 4) of paragraph 3, having established that during the period of suspension this subparagraph is valid in the following wording:

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

     subparagraph 4) of paragraph 5, having established that during the period of suspension this subparagraph is valid in the following wording:

     "4) certificates from the state revenue authority on the submission of income and property declarations by the candidate nominated by the Council of the Assembly of the People of Kazakhstan and his (her) spouse.";

     paragraph six of the first part of subitem 5) and paragraph seven of the first part of subitem 6) of paragraph 6, having established that during the period of suspension these paragraphs are valid in the following wording:

     "revealing the unreliability of information on income and property declared by a person included in the party list and his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption;";

     "if, at the time of filing the declaration, the unreliability of information on income and property declared by the candidate or his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption is revealed;";

     4) in article 104:

     paragraph 1-1, having established that during the period of suspension this paragraph is valid in the following wording:

     "1-1. Prior to registration, a candidate included in the party list and his/her spouse shall submit income and property declarations to the state revenue authorities at their place of residence 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 management in the field of ensuring tax receipts and other mandatory payments to the budget.

     The accuracy of information on income and property 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 on the income and property 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.";

     subparagraph 5) of paragraph 2, having established that during the period of suspension this subparagraph is valid in the following wording:

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

     of the first part of subparagraph 3-1) of paragraph 6, having established that during the period of suspension this part is valid in the following wording:

     "3-1) 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 on income and property 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;

To suspend the operation of paragraphs 1 and 2 of Article 113-1 of this Constitutional Law until January 1, 2025, having established that during the suspension period these paragraphs are valid in the following wording:

     "1. The grounds for calling elections are:

     1) the end of the term of office established by law for the akim of a city of regional significance, village, settlement, rural district;

     2) the decision of the maslikhat to establish a list of pilot regions and the date of the election of the akim of the district, city of regional significance;

     3) early termination of the powers of the akim of a district, a city of regional significance, a city of district significance, a village, a settlement, a rural district or an entity, a change in the boundaries (joining, separation or division) of administrative-territorial units in cases established by law.

     When an administrative-territorial unit is formed or borders are changed (joining, separating, or dividing), elections are called only in the newly created administrative-territorial unit.

     2. The election of the akim of a district or city of regional significance is appointed by the relevant territorial election commission at least fifty days before the date of the election of the akim of a district or city of regional significance, established by the decision of the maslikhat.

     The election of the akim of a city of regional significance, village, settlement, rural district is appointed by the relevant territorial election commission at least fifty days before the expiration of the akim's term of office.

     The election of the akim of a district or city of regional significance must be held on the day established by the decision of the Maslikhat, with the exception of the cases specified in the first part of paragraph 6 of Article 113-3 and Article 113-9 of this Constitutional Law.

     Elections of the akim of a city of district significance, village, settlement, rural district must be held at least ten days before the expiration of his term of office established by law, with the exception of the cases specified in the first part of paragraph 6 of Article 113-3 and Article 113-9 of this Constitutional Law.

 

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

 

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Republic of Kazakhstan     

 

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