Article 28. The right to conduct election campaigning under the Constitutional Law on Elections in the Republic of Kazakhstan
1. The State guarantees citizens and public associations the right to freely campaign for or against a candidate or a political party in accordance with this Constitutional Law and other legislative acts of the Republic of Kazakhstan.
Citizens and public associations that do not establish electoral funds in accordance with this Constitutional Law have the right to conduct election campaigning that does not require financing.
2. From the end of the registration period established in accordance with this Constitutional Law and until the end of the campaign, candidates and political parties that have put forward a party list have the right to campaign and promote their election program.
Candidates and political parties that have nominated party lists are guaranteed equal access to the media for campaigning.
3. The State guarantees candidates equal allocation of funds to present their programs. The procedure and amounts of funds allocated to candidates are determined by the Central Election Commission.
Presidential candidates and political parties that have nominated party lists of candidates for deputies of the Mazhilis of Parliament have the right to participate in pre-election debates organized by the Central Election Commission.
Political parties that have nominated party lists of candidates for deputies of maslikhats, candidates for deputies of the Senate of Parliament, as well as candidates from single-mandate territorial electoral districts for deputies of the Mazhilis of Parliament and maslikhats, candidates for akims may participate in pre-election debates, which may be organized by the relevant territorial election commissions.
The procedure and conditions for holding pre-election debates, determined by the Central Election Commission, should be equal and should not create advantages for a particular candidate or political party.
The mass media, on a contractual basis, provide airtime and print space for the publication of campaign materials to registered candidates and political parties that have put forward party lists.
Users of online platforms provide a contractual amount of information for the publication of campaign materials to registered candidates and political parties that have put forward party lists.
The terms of the contract for the publication of campaign materials should not create advantages for one candidate or another political party.
Information on the amount of payment and conditions for the placement of campaign materials submitted on a contractual basis must be announced and published by the relevant media outlet, the user of the online platform, no later than five days before the start of the election campaign, as well as submitted to the Central Election Commission for the election of the President and deputies of the Mazhilis of Parliament on party lists, to other territorial election commissions – during the elections of deputies of the Senate of Parliament, the Mazhilis of Parliament in single-mandate territorial electoral districts, deputies of maslikhats, akims and members of other local self-government bodies.
The information provided by the media and users of online platforms on the amount of payment and conditions for the placement of campaign materials are posted on the Internet resources of the Central and Territorial Election Commissions. The mass media and users of the online platform who provide airtime, print space and information on a contractual basis may not post or distribute campaign materials from candidates or political parties that have nominated party lists until information about the amount of payment and conditions for posting campaign materials is published.
During the pre-election campaigning period, the circulation of periodicals related to the pre-election campaigning of candidates and political parties that have nominated party lists should be the same for all candidates and political parties that have nominated party lists.
Consent to the posting of campaign materials on a contractual basis, given by a media outlet or an online platform user to one of the candidates or a political party that has put forward a party list, is consent to the posting of campaign materials to other candidates or political parties that have put forward party lists.
The order of presentation of candidates and political parties that have put forward party lists in the media and on online platforms is determined in the order in which written appeals are received or by drawing lots if the appeals were received simultaneously.
It is prohibited to interrupt and comment on the speeches of candidates and representatives of political parties who have nominated party lists on television and radio immediately after the speech, as well as in print publications in the same issue.
4. Local executive bodies and local self-government bodies provide candidates with premises for meetings with voters on a contractual basis. The conditions for the provision of premises should be uniform and equal for all candidates.
Election commissions, together with local executive bodies and local self-government bodies, draw up a schedule of meetings of candidates with voters in a designated room and publish it in the mass media.
5. For the publication of posters, leaflets, slogans and other campaign materials, the relevant election commissions allocate an equal amount of money to candidates other than those running on party lists. All campaign materials must contain information about the organization that released these materials (according to printed materials, the place of their printing and circulation), the persons who made the order, and the funds used to pay for it. The production of propaganda materials outside the territory of the Republic of Kazakhstan and the distribution of anonymous propaganda materials are prohibited.
The requirements of this paragraph for online platforms apply if users of online platforms have produced campaign materials on a contractual basis.
6. Local executive bodies, together with the relevant election commissions, determine the locations for the placement of campaign printed materials for all candidates and equip them with stands, billboards, and bollards. Printed campaign materials are placed on conditions that ensure equal rights for all candidates.
Candidates have the right to post printed campaign materials in other places with the permission of the owner of the relevant facility.
It is prohibited to post campaign materials on monuments, obelisks, buildings and structures of historical, cultural or architectural value, as well as in the voting premises.
Information about candidates is placed in the premises of the election commission and the voting room in a single format with a photo of the candidate and a standard set of information established by the Central Election Commission.
Information about the political parties that have submitted party lists is posted in the premises of the election Commission and the polling station in a single format with a standard set of information established by the Central Election Commission.
7. Candidates and political parties that have put forward party lists have the right to pay from their election funds for expenses related to appearances in the media, on online platforms, holding public election events, publishing additional campaign materials, as well as to cover transportation and travel expenses. It is prohibited to attract other money from other sources for this purpose, to accept any goods, works and services of individuals and legal entities used by the candidate during the election campaign that were not paid from the funds of the candidates' election funds, or to provide any assistance from the candidate to these individuals and legal entities for the provision of these services.
Individuals and legal entities providing services to a candidate or a political party related to election campaigning must have their written consent to accept the service. Persons who do not have written consent are liable in accordance with the laws of the Republic of Kazakhstan.
8. Information subject to mandatory publication in accordance with this Constitutional Law is posted on the Internet resources of local executive bodies and election commissions. Periodicals publish messages from election commissions in the order and volume determined by the Central Election Commission, at the expense of funds provided by the republican and local budgets.
9. When publishing the results of public opinion polls related to elections, the mass media and online platforms are required to indicate the legal entity that conducted the survey, the persons who ordered and paid for the survey, the time of the survey, the method of collecting information, the exact wording of the question, the number of respondents and the margin of error of the survey results.
Legal entities registered in accordance with the legislation of the Republic of Kazakhstan and having at least five years of experience in conducting public opinion polls may conduct a public opinion poll, having previously notified the Central Election Commission in writing with copies of relevant documents attached. The notification sent to the Central Election Commission contains information about the specialists involved in conducting the survey and having experience in this field, about the regions where public opinion polls will be conducted, and about the methods of analysis used.
The publication of the results of public opinion polls, forecasts of election results, other studies related to elections, voting in support of candidates or political parties in the media, on online platforms is not allowed for five days before voting day and on election day.
It is prohibited to conduct a public opinion poll on election day in a room or polling station.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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