On the accession of the Republic of Kazakhstan to the Agreement on the Formation of the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States dated October 14, 2022
Decree of the President of the Republic of Kazakhstan dated May 6, 2024 No. 539.
In accordance with subparagraph 2) of Article 17 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. The Republic of Kazakhstan to join the Agreement on the Formation of the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States dated October 14, 2022.
2. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
agreement
on the formation of the Advisory Council of the Heads of the Electoral Bodies of the Member States of the Commonwealth of Independent States
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
based on the importance of improving the legislation of the Parties in the electoral sphere,
Attaching great importance to holding regular meetings and consultations in order to exchange experience on ensuring electoral rights and freedoms of citizens, improving the legal conditions for holding elections and referendums in accordance with the legislation and international obligations of the CIS member States,
Realizing the importance of organizing cooperation to ensure its stable development,
have agreed on the following:
Article 1
The Parties shall form an Advisory Council of the Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Advisory Council).
The Advisory Council carries out its activities on the basis of the Regulations on the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States, which is an integral part of this Agreement.
Article 2
By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by appropriate protocols.
Article 3
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.
For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 4
This Agreement is open for accession by any member State of the Commonwealth of Independent States that shares its goals and principles by submitting an instrument of accession to the depositary.
The Agreement enters into force for the acceding State.:
a) after 30 days from the date of receipt of the instrument of accession by the depositary, provided that the Agreement entered into force at the time of deposit of the instruments of accession with the depositary;
b) from the date of entry into force of the Agreement, provided that the Agreement has not entered into force at the time of deposit of the accession documents with the depositary.
Article 5
Each of the Parties has the right to withdraw from this Agreement by notifying the depositary in writing.
This Agreement shall terminate in respect of such Party 6 months after the date of receipt by the depositary of the relevant notification.
Done in Astana on October 14, 2022, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Azerbaijan
For the Russian Federation
For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Moldova
Annex to the Agreement on the Formation of the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States14 October 2022
Regulations on the Advisory Council of the Heads of the Electoral Bodies of the Member States of the Commonwealth of Independent States 1. General provisions
1.1. These Regulations define the legal status, functions and organizational bases of the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Advisory Council).
1.2. The Advisory Council is an interstate body of the Commonwealth of Independent States.
The Advisory Council is established to ensure cooperation between the electoral authorities of the member States of the Commonwealth of Independent States (hereinafter referred to as the CIS or the Commonwealth) in order to promote the improvement of the electoral process in the CIS member States, taking into account the experience of the CIS member States in the field of elections and referendums in accordance with the legislation and international obligations of the CIS member States.
1.3. The Advisory Council consists of the heads of the central electoral authorities of the member States of the Agreement on the Formation of the Advisory Council of Heads of Electoral Authorities of the Member States of the Commonwealth of Independent States dated October 14, 2022 (hereinafter referred to as the Agreement) or persons acting on their duties (hereinafter referred to as the members of the Advisory Council).
1.4. The Advisory Council carries out its activities in cooperation with the CIS Executive Committee, other CIS bodies, as well as with state authorities of the CIS member States. The Advisory Council is guided in its activities by the CIS Charter, international treaties and decisions adopted within the CIS, and these Regulations.
II. The main tasks and functions of the Advisory Council
2.1. The main tasks of the Advisory Council:
assistance to the development of cooperation between the electoral authorities of the CIS member states in the electoral field;
development of recommendations on improving the electoral process in the CIS member states, the legal framework of the Commonwealth in the field of ensuring and protecting the electoral rights and freedoms of citizens, the organization and conduct of democratic elections.
2.2. Main functions of the Advisory Board:
interaction with the bodies of the Commonwealth, coordination of the activities of the Advisory Council and specialized departments of the bodies of the Commonwealth engaged in the electoral field;
exchange of information on the organization and work experience of the electoral authorities of the CIS member States;
coordination of the activities of the central electoral authorities of the CIS member states in organizing forums, scientific and practical conferences, seminars on the exchange of experience in the field of organizing and conducting elections, referendums;
consideration of issues related to improving the training of specialists involved in the electoral process and improving their skills in the effective organization and conduct of elections and referendums based on best practices;
development and implementation of practical measures aimed at maintaining cooperation and ensuring joint actions with international organizations in matters of electoral systems and technologies, legislation on elections/referendums, methods of election/referendum observation, as well as participation in organizing and holding international seminars and conferences on this issue;
other issues that require joint action.
III. Rights of the Advisory Council
The Advisory Council has the right to perform its functions:
To submit draft documents on issues within its competence for consideration by the Council of Heads of State and the Council of Heads of Government of the CIS in accordance with the established procedure.;
create permanent or temporary working groups and expert councils operating on a voluntary basis in certain areas of the Advisory Council's activities and approve regulations on them;
to interact with other bodies of the Commonwealth, as well as working (executive) bodies of international organizations and associations, including those formed within the CIS, within their competence;
on issues within the competence of the Advisory Council, provide analytical and other information to other interested industry structures of the Commonwealth, as well as request the necessary materials and information from the electoral authorities of the CIS member states.;
to resolve other issues within its competence.
IV. Organization of the activities of the Advisory Council
4.1. Meetings of the Advisory Council are held in the States parties to the Agreement, as a rule, alternately in the order of the Russian alphabet of the names of the states, as necessary, but at least once a year.
Extraordinary meetings of the Advisory Council may be convened on the initiative of one or more members of the Advisory Council with the consent of at least half of the total membership of the Advisory Council. Such a meeting is usually held in the State that initiated its convocation.
If necessary and technically possible, meetings of the Advisory Council may be held remotely (via videoconference).
A member of the Advisory Board who is unable to participate in the meeting has the right to delegate his representative, who is authorized to make decisions at meetings of the Advisory Board.
Meetings of the Advisory Council are valid if they are attended by at least half of the members of the Advisory Council or their representatives.
Representatives of the CIS Executive Committee and the Secretariat of the Council of the Interparliamentary Assembly of the CIS Member States participate in the meetings of the Advisory Council with an advisory vote.
According to the decision of the Advisory Council adopted by consensus, representatives of electoral bodies whose heads are not members of the Advisory Council, representatives of international intergovernmental organizations may participate in meetings as observers.
4.2. The chairmanship of the Advisory Council is carried out alternately by each Participating State, represented by a member of the Advisory Council representing it, on the basis of the principle of rotation in the order of the Russian alphabet of the names of States, usually for one year, unless otherwise determined by the Advisory Council.
The previous and subsequent Chairmen of the Advisory Board are its co-Chairmen.
In case of temporary absence of the Chairman of the Advisory Council, his duties are assigned to one of the Co-Chairmen.
4.3. Chairman of the Advisory Board:
organizes the work of the Advisory Council and carries out the general management of the Advisory Council, organizes and coordinates the implementation of the decisions of the Advisory Council;
Represents the Advisory Council in relations with the CIS bodies, state authorities of the CIS member states and international organizations on issues related to the activities of the Advisory Council.;
Determines the time of the next meeting in coordination with other members of the Advisory Board, provides general guidance on the preparation of issues submitted for consideration by the Advisory Board.;
organizes and holds a meeting of the Advisory Council;
signs the decisions and minutes of the meeting of the Advisory Council;
performs other functions necessary to ensure the work of the Advisory Board.
4.4. Decisions are taken at the meetings of the Advisory Council.
Each State Party to the Agreement has one vote in the Advisory Council.
Decisions of the Advisory Council on procedural issues are made by a simple majority of votes of the members of the Advisory Council present at the meeting.
Decisions of the Advisory Council on other issues are made by consensus and are advisory in nature. Consensus is defined as the absence of an official objection from at least one of the members of the Advisory Board present at the meeting, which they put forward as an obstacle to making a decision on the issue under consideration.
Any member of the Advisory Board may declare disinterest in a particular issue, which is not an obstacle to making a decision, as well as joining the decision in the future.
4.5. The Advisory Council may adopt the rules of procedure for its work.
4.6. The Advisory Council submits information on the activities of the Advisory Council to the CIS Executive Committee once a year.
4.7. The functions of the Advisory Council's working staff are performed by the central electoral body of the state, the head of which is the Chairman of the Advisory Council, together with the structural unit of the CIS Executive Committee.
4.8. The working language of the Advisory Council is Russian.
V. Financing
5.1. Expenses related to financing the meeting of the Advisory Council are carried out at the expense of funds provided in the national budget of the host State party to the Agreement to ensure the activities of the central election authority.
5.2. The expenses for the secondment of the members of the Advisory Council are carried out at the expense of funds provided in the national budgets of the sending States parties to the Agreement to ensure the activities of the central election authorities. The expenses for the business trip of the meeting participants are carried out at the expense of the funds of the sending bodies and organizations.
President
Republic of Kazakhstan
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