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Home / Constitutional law / Article 59. Registration of candidates for President of the Republic of the Constitutional Law on Elections in the Republic of Kazakhstan

Article 59. Registration of candidates for President of the Republic of 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 59. Registration of candidates for President of the Republic of the Constitutional Law on Elections in the Republic of Kazakhstan

     1. Registration of presidential candidates is carried out by the Central Election Commission.

     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.

     Organizations that have received requests from the 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.

     For the purposes of this Constitutional Law, information on assets and liabilities is information that must be reflected in the declaration of assets and liabilities in accordance with the tax legislation of the Republic of Kazakhstan.

     2-1. To confirm that the presidential candidate does not have any diseases that impede the performance of the duties of the President of the Republic, a medical examination is conducted, the results of which are formalized by an appropriate medical report on the state of health.

     The requirements for a medical report and the list of diseases that prevent registration as a candidate for President of the Republic are established by a joint regulatory legal act of the Central Election Commission and the authorized body in the field of healthcare.

     3. Any number of presidential candidates are submitted for registration.

     4. Registration of presidential candidates begins two months in advance and ends at eighteen o'clock local time forty days before election day, unless otherwise specified when calling the election.

     5. Registration of a presidential candidate from a public association is carried out in the presence of the following documents:

     1) extracts from the minutes of the meeting of the supreme body of a public association on the nomination of a candidate for President, accompanied by a copy of the document on the registration of this public association with the Ministry of Justice of the Republic;

     2) statements of consent to run as a presidential candidate;

     3) protocols of territorial election commissions on the results of verification of collected signatures of citizens in support of the candidate;

     4) biographical information of the candidate;

     4-1) excluded by the Constitutional Law of the Republic of Kazakhstan dated 04/14/2004 No. 545;

     4-2) 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) a medical report on the state of health.

     6. Excluded by the Law of the Republic of Kazakhstan dated 06/15/2017 No. 75-VI (effective from the date of its first official publication).

     7. The Central Election Commission:

     1) no later than on the seventh day after the registration of presidential candidates, publish in the mass media a notice of registration indicating the surname, first name, patronymic, year of birth, position (occupation), place of work and residence of each candidate, as well as, depending on the discretion of the candidate, information about his membership in the public association, nationality;

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

     3) refuses registration or cancels the decision to register a candidate in the case of:

     candidate's violations of the nomination rules, failure to submit the necessary documents for registration;

     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;

     conducting election campaigning by a candidate before the deadline for registration of candidates;

     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;

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

     in other cases established by this Constitutional Law;

     3-1) cancels the decision to register a candidate if, at the time of filing the declaration, information about assets and liabilities declared by the candidate or his (her) spouse in accordance with the anti-corruption legislation of the Republic of Kazakhstan 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.

     8. The refusal of the Central Election Commission to register a presidential candidate or the cancellation of the registration decision may be appealed within ten days by the candidate personally or by the public association that nominated him to the Supreme Court, which examines the complaint within ten days from the date of its filing. The decision of the Supreme Court is final.

 

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

 

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