Article 89. Registration of candidates for deputies of the Mazhilis of the Constitutional Law on Elections in the Republic of Kazakhstan
1. Registration of party lists submitted by political parties is carried out by the Central Election Commission, candidates for single–mandate territorial electoral districts - by district election commissions.
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 checked by the state revenue authorities within fifteen days from the date of registration of the party list and 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.
3. Registration of party lists is carried out in the presence of the following documents:
1) extracts from the protocol of the supreme body 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 in the Ministry of Justice of the Republic;
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) 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 the payment of an election contribution by a political party;
6) a document confirming the membership of the person included in the party list in the political party that put forward this list.
In addition to the documents specified in part one of this paragraph, candidates with disabilities shall submit certificates of disability in the form established by the authorized body in the field of social protection of the population.
4. Only one list from one political party is allowed for registration, with the number of persons included in it not exceeding the established number of deputy mandates distributed among political parties by thirty percent.
In the party list, the number of representatives of three categories: women, youth, and persons with disabilities should collectively be at least thirty percent of the total number of persons included in it.
4-1. 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 a citizen's 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 Mazhilis of Parliament is allowed to register.
4-2. The District Election Commission draws up a protocol on the registration of candidates, which is submitted to the Central Election Commission within five days.
4-3. District Election Commission:
1) no later than on the seventh day after the registration of candidates, 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 information about the candidate's affiliation to a political party, public association and nationality depends on the candidate's discretion.;
2) issues the appropriate certificate to the candidates upon registration.;
3) refuses registration or cancels the decision to register a candidate 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.
In case of refusal to register or cancellation of the decision to register a candidate nominated by a political party, public association, or their structural divisions (branches and representative offices), such decision may be appealed by both the candidate himself and the political party, public association, and their structural divisions (branches and representative offices) that nominated the candidate.
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.
5. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 No. 156-VI (effective ten calendar days after the date of its first official publication).
6. The Central Election Commission:
1) no later than on the tenth day after the registration of the party lists, publish in the 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, year of birth, position (occupation), place of work and residence of each person included in the list. party list;
2) Excluded by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 No. 156-VI (effective ten calendar days after the date of its first official publication).
3) issues relevant certificates to candidates during registration;
4) 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;
withdrawal from the party list of persons who make up more than fifty percent of the entire party list;
establishment by the court of the fact that the political party that nominated the party list or its proxies disseminated false information discrediting the honor and dignity of the candidate, another political party that nominated the party list, or a person included in the party list, undermining his business reputation;
establishing by the court 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.;
5) decides on the exclusion of a person included in the party list from this list in the case of:
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;
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;
establishment by the court of the fact of dissemination by a person included in the party list of false information discrediting the honor and dignity of the candidate, the political party that nominated the party list, or another person included in the party list, undermining their reputation;
identification of unreliability of information about assets and liabilities 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;
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 Supreme 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) excluded by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 No. 156-VI (effective ten calendar days after the date of its first official publication).
7. Refusal to register or cancellation of the decision to register a party list or a candidate in a single-mandate territorial electoral district may be appealed to the Central Election Commission and (or) the Supreme Court within seven days. In this case, the Central Election Commission or the Supreme Court issues 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 thirty days before the election, unless otherwise specified when calling the election.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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