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Home / RLA / On ratification of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States

On ratification of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States

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

On ratification of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States

The Law of the Republic of Kazakhstan dated June 7, 2007 No. 260

It shall enter into force on the date of deposit with the depositary of the third notification on the completion by the Parties of the internal procedures necessary for its entry into force. For Parties that have notified the depositary of the completion of such procedures later, the Convention shall enter into force on the date of receipt by the depositary of such notification.

signed: Republic of Armenia, Georgia, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Ukraine.

notifications have been submitted:

Kyrgyz Republic - deposited on August 21, 2003; Russian Federation - deposited on August 26, 2003; Republic of Tajikistan - deposited on November 11, 2003; Republic of Moldova - deposited on January 14, 2005; Republic of Armenia - deposited on March 17, 2005; The Republic of Kazakhstan - deposited on July 4, 2007.

The Convention entered into force on November 11, 2003

entered into force for the States:

Kyrgyz Republic - November 11, 2003; Russian Federation - November 11, 2003; Republic of Tajikistan - November 11, 2003; Republic of Moldova - January 14, 2005; Republic of Armenia - March 17, 2005; The Republic of Kazakhstan - July 4, 2007.

     To ratify the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States, signed in Chisinau on October 7, 2002.      

     President       Republic of Kazakhstan

     

 CONVENTION on Standards of Democratic Elections, Electoral Rights and Freedoms in the Participating States The Commonwealth of Independent States

     The States Parties to this Convention (hereinafter - The Parties), based on the purposes and principles of the Charter of the Commonwealth of Independent States, reaffirming the importance of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which established that the powers of government should be based on the will of the people, expressed in genuine and periodic elections, as well as documents of the Organization for Security and Co-operation in Europe, the Council of Europe, other international organizations on the holding of free and fair elections, being convinced that the recognition of, The observance and protection of human and civil rights and freedoms, the development and improvement of democratic institutions of popular expression, and procedures for their implementation in accordance with generally recognized principles and norms of international law based on the national constitution and legal acts is the goal and responsibility of a rule-of-law State, one of the essential conditions for social stability and the further strengthening of cooperation between States for the implementation and protection of the ideals and principles that are their common democratic heritage,       Striving to promote the establishment and improvement of democratic systems of representative government, democratic traditions of the expression of the will of the people during elections, the implementation of other forms of democracy based on the rule of law and the rule of law, maximum consideration of national and historical traditions, convinced that elections are one of the political and legal instruments of stable civil society and sustainable development of the state, recognizing the value of national experience legal regulation of elections, the accumulated experience of the member States of the Commonwealth of Independent States, guarantees of electoral rights and freedoms of man and citizen, determined to ensure a combination of universally recognized election standards and national norms governing elections, electoral rights and freedoms of man and citizen, as well as guarantees of their implementation and protection, to implement the provisions of this Convention on the basis of the Constitution and national legislation and the relevant State policy,       In an effort to consolidate guarantees for the organization of public and international election observation in the States Parties to this Convention, have agreed as follows:

 Article 1 Standards of democratic elections

     1. Democratic elections are one of the highest direct expressions of the power and will of the people, the basis of elected bodies of State power and local self-government, other bodies of national representation, and elected officials. 2 The Parties recognize that the standards of democratic elections are: the right of a citizen to elect and be elected to state authorities, local governments, and other bodies of national representation.; principles of periodicity and obligation, fairness, authenticity and freedom of elections based on universal equal suffrage by secret ballot, ensuring the freedom of expression of the will of voters; open and transparent nature of elections; judicial and other protection of electoral rights and freedoms of man and citizen, public and international election observation; guarantees of the exercise of electoral rights and freedoms of participants in the electoral process the process.       3. The right of a citizen to vote and be elected is enshrined in the Constitution and (or) laws, and the procedure for its implementation is determined by laws and other regulatory legal acts. Legislative regulation of the right to vote and be elected, the electoral procedure (electoral systems), as well as restrictions on electoral rights and freedoms should not restrict or nullify universally recognized human and civil rights and freedoms and constitutional and (or) legislative guarantees for their implementation, or be discriminatory.       4. Elections are appointed, prepared and conducted on the basis of the Constitution and laws.       5. The elected persons who have received the required number of votes determined by the Constitution or the law, take office in accordance with the procedure and terms established by the laws, thereby recognizing their responsibility to the voters, and remain in office until the expiration of their term of office or until their termination in another way, which is regulated by the Constitution, laws in accordance with democratic parliamentary and constitutional procedures.       6. The legitimate and public nature of elections, the protection and realization of electoral rights and freedoms of citizens, candidates, political parties (coalitions) participating in elections, and the implementation of constitutional principles of organizing the electoral process in law enforcement practice are ensured by judicial, administrative, and other means of protection.       7. Any direct or indirect participation of foreign citizens, stateless persons, foreign legal entities, international social movements, and international organizations in activities that promote or hinder the preparation and conduct of elections to state and local government bodies, other bodies of national representation, and elected officials is prohibited.

 Article 2 Universal suffrage

     The observance of the principle of universal suffrage means the following:       a) upon reaching the age established by the Constitution and laws, every citizen has the right to elect and be elected to bodies of state power, bodies of local self-government, other bodies of national representation, and to elected positions on the terms and in accordance with the procedure provided for by the Constitution and laws;       b) the right of a citizen to elect and be elected to state authorities, local self-government bodies, other bodies of national representation, and to elected positions is exercised regardless of any discriminatory restrictions based on gender, language, religion or belief, political or other beliefs, national or social origin, belonging to a national minority or ethnic group, property status or other similar circumstances;       c) every citizen residing or staying outside the territory of his State during the national elections has equal voting rights with other citizens of his State. Diplomatic missions and consular offices and their officials assist citizens in exercising their electoral rights and freedoms.;       d) every citizen is guaranteed the right to receive information about his inclusion in the list of voters, to clarify this information in order to ensure its completeness and reliability, and to appeal against the refusal to include him in the list of voters in accordance with the procedure established by law.

 Article 3 Equal suffrage

1. Observance of the principle of equal suffrage means the following:       a) every citizen has one vote or an equal number of votes with other citizens and has the right to exercise his right to vote on an equal basis with other citizens, and his vote (votes) has the same weight as the votes of other voters, while the weight of the voter's vote (votes) should not be influenced by the electoral system applied in the state;       b) when voting is conducted in single-mandate and (or) multi-mandate electoral districts, these districts are formed on an equal basis so that the voting results accurately and fully express the will of the voters. The criteria for an equal basis may be the approximate equality of single-mandate electoral districts in terms of the number of voters or the approximate equality of the number of voters per deputy mandate in multi-mandate electoral districts. The reasons for deviation from the average norm of representation may be the inaccessibility and remoteness of the area, the compactness of the residence of small indigenous peoples or other national minorities and ethnic groups. 2. Every voter has the right to equal and unhindered access to the polling station, as well as to the voting premises, in order to exercise their right to participate in free voting.       3. A citizen may be given the opportunity to exercise his right to vote by organizing early voting, voting outside the polling station, or other voting procedures that ensure maximum convenience for voters.       4. Every citizen should have equal legal opportunities to stand for election.       5. Restrictions related to the specifics of participation in the election campaign of candidates running for a new term of office are regulated by the Constitution and laws. Compliance with the established restrictions should not prevent deputies and elected officials from exercising their powers and fulfilling their obligations to voters.       6. Candidates are not entitled to use the advantages of their official or official position for the purposes of their election. The list of violations of the principle of equal suffrage and the measures of responsibility for such violations are established by laws.

 Article 4 Direct suffrage

     1. Observance of the principle of direct suffrage means that citizens vote in elections, respectively, for a candidate and (or) a list of candidates, or against a candidate, candidates and (or) a list of candidates directly, or against all candidates and (or) lists of candidates.       2. All deputy mandates in one of the chambers of the national legislature are subject to free competition between candidates and/or lists of candidates during national elections.       3. If a national legislative body is bicameral and part or all of the deputy mandates of its other chamber are not subject to free competition of candidates and/or lists of candidates during national elections, this does not contradict this Convention.

 Article 5 Secret ballot

     1. Observing the principle of secret ballot means excluding any control over the expression of the will of voters, ensuring equal conditions for free choice.       2. The right of citizens to vote in secret cannot be limited in any way or in any way. 3. Elections are conducted using the secret ballot procedure.       4. The electoral authorities ensure compliance with the conditions stipulated by the Constitution, the law, and other legal acts, which exclude the possibility of any control or supervision over the filling out of the ballot by the voter at the place of secret voting, or the commission by anyone of actions violating the secrecy of the voter's will.

 Article 6 Periodic and compulsory elections

     1. Elections of elected bodies of state power, bodies of local self-government, other bodies of national representation, and elected officials are mandatory and are held within the time limits established by the Constitution and laws.       2. Elections should be held with the frequency established by the Constitution and laws so that the basis of elected state authorities, local self-government bodies, other bodies of national representation, and elected officials is always the free will of the people.       3. The term of office of elected bodies and elected officials is established by the Constitution and laws and may be changed only in accordance with the procedure provided for by them.       4. Actions or appeals should not be taken or disseminated that encourage or aim to encourage the disruption or cancellation or postponement of elections, electoral actions and procedures prescribed in accordance with the Constitution and laws.       5. In conditions of a state of emergency or martial law, in order to ensure the safety of citizens and protect the constitutional order, in accordance with the Constitution, laws may establish restrictions on rights and freedoms, indicating the limits and duration of their validity, and elections may be postponed.

 Article 7 Open and transparent elections

     1. The preparation and conduct of elections is carried out openly and publicly.       2. Decisions of state authorities, local self-government bodies, and electoral bodies adopted within their competence and related to the appointment, preparation, and conduct of elections, ensuring and protecting citizens' electoral rights and freedoms, are necessarily subject to official publication or are otherwise made publicly available in accordance with the procedure and time limits provided for by laws.       3. Legal acts and decisions affecting the electoral rights, freedoms and duties of a citizen cannot be applied unless they are officially published for general information.       4. An electoral body shall, within the time period established by the legislation on elections, officially publish in its press or in other mass media information on the results of voting, as well as data on elected persons.       5. Observance of the principle of openness and transparency of elections should ensure the creation of conditions for public and international election observation.

 Article 8 Free elections

     1. The supremacy of the Constitution is the basis for holding free elections and ensuring that citizens and other participants in the electoral process have the opportunity, without any influence, violence, threat of violence or other unlawful influence, to make their choice regarding their participation or non-participation in elections in the forms and legal methods permitted by law, without fear of punishment or influence, whatever There were no voting results or election results, as well as legal and other guarantees of strict observance of the principle of free elections during the entire electoral process.       2. Citizen's participation in elections is free and voluntary. No one can force him to vote "for" or "against" any particular candidate (candidates), a certain list of candidates, no one has the right to influence a citizen in order to force him to participate or not participate in elections, as well as his free expression of will. No voter can be forced by anyone to declare how he intends to vote or how he voted for the candidate(s), lists of candidates.       3. A candidate, a political party (coalition) and other participants in the electoral process are responsible to society and the State in accordance with the Constitution and the law. No candidate, no political party (coalition), no other public association or public organization has the right to use methods of mental, physical, religious coercion or calls for violence, or threats of violence, or any other forms of coercion.

 Article 9 Genuine elections

1. In genuine elections, the freely expressed will of the people is revealed and its direct implementation is ensured.       2. Genuine elections provide voters with the opportunity to choose candidates based on the Constitution and laws. In genuine elections, there is real political pluralism, ideological diversity, and multiparty membership, implemented through the functioning of political parties whose legitimate activities are legally protected by the State.       3. In genuine elections, voters are provided with free access to information about candidates, lists of candidates, political parties (coalitions) and the election process, and candidates, political parties (coalitions) - to the media and telecommunications.       4. During the preparation and conduct of elections, the State language or State languages are used, and in cases and in accordance with the procedure established by laws, also the official languages of the constituent parts of the territory of the State, the languages of peoples and nationalities, national minorities and ethnic groups in the territories of their compact residence.       5. The appointment of elections and the conduct of electoral actions and procedures should be carried out in a manner and within a time frame that allows candidates, political parties (coalitions) and other participants in the electoral process to launch a full-fledged election campaign.       6. Genuine elections presuppose equal and fair legal conditions for the registration of candidates, lists of candidates and political parties (coalitions). Registration requirements should be clear and should not contain conditions that could be the basis for privileges or restrictions of a discriminatory nature. Arbitrary or discriminatory application of the rules on registration of candidates, lists of candidates and political parties (coalitions) is not allowed.       7. Every candidate and every political party (coalition) participating in elections must recognize the results of voting and the results of democratic elections, and be able to appeal the official results of voting and election results that violate citizens' electoral rights and freedoms to judicial and (or) other bodies in accordance with the procedure and deadlines provided for by laws and international obligations of the state.       8. Persons and bodies whose activities are aimed at falsifying the counting of votes, voting results, and election results, and at obstructing the free exercise of a citizen's electoral rights and freedoms, including in the form of boycotts or calls to boycott elections, refusal to perform electoral procedures, or electoral actions, must be prosecuted.

 Article 10 Fair elections

     1. Observance of the principle of fair elections should ensure the creation of equal legal conditions for all participants in the electoral process.       2. During the conduct of fair elections, the following shall be ensured::       a) universal and equal suffrage; b) equal opportunities for each candidate or each political party (coalition) to participate in the election campaign, including access to mass media and telecommunications; c) fair and transparent financing of elections, election campaigns of candidates, political parties (coalitions);       (d) Honesty in voting and vote counting, full and prompt notification of the results of the vote with the official publication of all election results; (e) Organization of the electoral process by impartial electoral bodies operating openly and transparently under effective public and international supervision;       f) prompt and effective consideration by courts and other authorized bodies of complaints about violations of electoral rights and freedoms of citizens, candidates, political parties (coalitions) within the time frame of the relevant stages of the electoral process, as well as ensuring the right of citizens to apply to international judicial authorities for protection and restoration of their electoral rights and freedoms in accordance with the procedure established by the provided for by the norms of international law.       3. Candidates may be nominated by the voters of the relevant electoral district and/or by self-nomination. Candidates and/or lists of candidates may also be nominated by political parties (coalitions), other public associations, and other entities with the right to nominate candidates and/or lists of candidates specified in the Constitution and laws.

 Article 11 Conduct of elections by election authorities (election commissions)

            1. The preparation and conduct of elections, ensuring and protecting the electoral rights and freedoms of citizens and monitoring their observance are entrusted to electoral bodies (election commissions), whose status, competence and powers are established by the Constitution and legislative acts.       2. It is prohibited to create and operate other structures (bodies, organizations) that replace electoral bodies or fully or partially perform their functions, or interfere with their legitimate activities, or unlawfully interfere in their activities, or assign their status and powers.       3. The procedure for the formation, powers, and organization of the activities of electoral bodies, as well as the procedure, grounds, and terms for the dissolution of the composition of an electoral body or the early termination of the powers of members of an electoral body, shall be established by laws. At the same time, the procedure and terms of early termination of the powers of members of an electoral body on the grounds provided for in the law, as well as the appointment by an authorized body of a new member of an electoral body to replace the outgoing one, should not interfere with the exercise by the electoral body of the powers assigned to it, violate the integrity of the electoral process, lead to non-compliance with deadlines for the performance of electoral actions, violation of electoral rights and freedoms citizens. 4. The Parties recognize the possibility of granting a candidate or a political party (coalition) that has nominated a list of candidates the right to appoint, in accordance with the procedure provided for by law, one member of the electoral body with the right of advisory vote representing the candidate who appointed him, a political party (coalition), to the electoral body that registered the candidate (list of candidates) and to lower-level electoral bodies.       5. A member of an electoral body with the right of an advisory vote has the right to speak at a meeting of the electoral body, make proposals on issues within the competence of the electoral body, and demand voting on these issues; has the right to appeal actions (inaction). to transfer an electoral body to a higher electoral body or to a court, to exercise other powers provided for by laws.       6. Decisions of electoral bodies taken within their competence are binding on executive authorities, state institutions, local self-government bodies, political parties and other public associations, their authorized representatives, organizations, officials, voters, subordinate electoral bodies, and other persons and organizations specified in the laws.       7. The Parties, by their laws, impose on state bodies, local self-government bodies, institutions, organizations, as well as on their officials the obligation to assist electoral bodies in the exercise of their powers, and on organizations engaged in television and (or) radio broadcasting, and the editorial offices of periodicals specified in the legislation on elections, the obligation to provide Election authorities have free airtime and the ability to post printed information to inform voters about the elections and the course of the election campaign.

 Article 12 Financing of elections and election campaigns of candidates, political parties (coalitions)

1. Financing of events related to elections is carried out at the expense of the budget.       2. States shall ensure, in cases and in accordance with the procedure provided for by constitutions and laws, that candidates, political parties (coalitions) participating in elections are allocated budgetary funds on fair terms, as well as the possibility of forming an extra-budgetary fund at an electoral body or forming their own monetary election fund to finance their election campaign and use their own funds for these purposes, voluntary monetary donations from individuals and (or) national legal entities in the amounts and in the manner prescribed by law. The use of funds by candidates, political parties (coalitions) other than those received by these funds should be prohibited by law and subject to liability in accordance with the laws.       3. Any foreign donations, including from foreign individuals and legal entities, to candidates, political parties (coalitions) participating in elections, or other public associations, public organizations that are directly or indirectly related to the candidate, political party (coalition), or are under their direct influence; or They are not allowed to control and contribute to or contribute to the realization of the goals of a political party (coalition).       4. The Parties shall ensure the openness and transparency of all monetary donations to candidates, political parties (coalitions) participating in elections, so that donations prohibited by law to both candidates and political parties (coalitions) that nominated candidates (lists of candidates) for elections are excluded.       5. Candidates, political parties (coalitions) participating in elections must, with the frequency prescribed by law, submit to the electoral authorities and (or) other bodies specified in the law information and reports on the receipt of all donations to their monetary electoral funds, on depositors of the relevant funds, as well as on all their expenses from these funds to financing your election campaign. The electoral authorities shall ensure the publication of the specified information and reports in the mass media and telecommunications specified in the laws.       6. To monitor or supervise compliance with the rules and procedures for financing the election campaign of candidates, political parties (coalitions), a special body (bodies) may be formed or appropriate powers may be assigned to officials or election authorities.       7. The list of violations of the conditions and procedures for donations, financing the activities of candidates, political parties (coalitions), as well as the list of measures to prevent, prevent or suppress violations in the financing of elections and election campaigns of candidates, political parties (coalitions) should be established by laws and other regulatory legal acts.

 Article 13 State information support for elections and campaigning activities

     1. The Parties shall ensure the freedom to search, collect, and disseminate information about elections, candidates, and unbiased information coverage of elections in the mass media and telecommunications.       2. The mass media and telecommunications are called upon to inform the population about the elections, the nomination of candidates (lists of candidates), their election programs (platforms), the course of the election campaign, voting results and election results, and to carry out their activities within the framework of the constitution, laws, and international obligations of the state.       3. In accordance with the legislation, representatives of mass media and telecommunications are entitled to:       a) attend meetings of election authorities, ensuring the transparency and openness of their activities; b) get acquainted with the documents and materials of the relevant election authorities on the results of voting or election results, produce or receive copies of these documents and materials from the relevant election authority, transmit them for publication in the media and telecommunications;       c) to attend public campaigning events, to cover the course of their conduct in the mass media; d) to be present during the voting, the counting of votes, the establishment of voting results and election results.       4. Citizens, candidates, political parties (coalitions) that have nominated a candidate and/or a list of candidates, other public associations, and public organizations are guaranteed the freedom to conduct campaigning activities in any form permitted by law and by legitimate methods in accordance with the procedure and time limits provided for by law, in conditions of pluralism of opinions, and the absence of censorship.       5. In accordance with the Constitution and laws, all candidates and political parties (coalitions) participating in elections must be provided with equal conditions of access to the media and telecommunications for conducting their election campaigning, including for presenting the provisions of their election program (platform).       6. When conducting propaganda activities, abuse of freedom of speech and freedom of the media is prohibited, including calls for the violent seizure of power, violent change of the constitutional order and violation of the territorial integrity of the state, calls aimed at propaganda of war, terrorist, any other violent actions and inciting social, racial, national, ethnic, religious hatred and hostility..       7. The mass media and telecommunications of one State Party to this Convention may not be used for the purpose of participating in campaigning activities during elections in the territory of another State.       8. The list of violations of the conditions and procedure for candidates, political parties (coalitions) to carry out their campaigning activities, as well as the participation of mass media in the coverage of the election campaign, which are grounds for liability, is established by laws.

 Article 14 Status and powers of national observers

     1. Each candidate, each political party (coalition), other public association (public organization), group of voters, and other election subjects specified in the Constitution and laws have the right, in accordance with the procedure established by laws or regulations adopted by election authorities, to appoint national observers who, on election day, including in on the day of early voting, they have the right to monitor the voting premises.       2. The rights and obligations of national observers should be defined in legislation.       3. National observers should be granted the following rights::       a) to get acquainted with the electoral documents specified in the election laws, to receive information on the number of voters included in the voting lists and on the number of voters who participated in voting, including in early voting and voting outside the polling station; b) to be in the polling station; c) to observe for issuing ballots to voters;       d) be present during early voting, when voters vote outside the polling station; e) observe the counting of votes in conditions that ensure the predictability of the procedure for counting ballots;       f) to observe the preparation by the electoral body of the protocol on the results of voting, election results and other documents, to get acquainted with the protocol of the electoral body on the results of voting, including the protocol being drawn up repeatedly, to receive, in cases and in accordance with the procedure provided for by national legislation, certified copies of these protocols from the relevant electoral body; g) to contact the electoral body the body with proposals and comments on the organization of voting;       h) appeal against decisions and actions (inaction) of the electoral body, members of the electoral body to the directly superior electoral body or to the court. 4. In cases and in accordance with the procedure provided for by law, proxies of candidates, political parties (coalitions) may also enjoy the rights of a national observer.       5. Electoral authorities and (or) other bodies and organizations may be authorized to provide training to national observers and other election participants on the basics of democratic electoral technologies, national election legislation, international electoral standards, and ensuring and protecting human and civil electoral rights and freedoms.

 Article 15 Status and powers of international observers

1. The Parties confirm that the presence of international observers contributes to the openness and transparency of elections and compliance with international obligations of States. They will strive to facilitate the access of international observers to electoral processes conducted at a lower than national level, up to the municipal (local) level.       2. The activities of international observers are regulated by the laws of the host country, this Convention, and other international documents.       3. International observers receive permission to enter the territory of the State in accordance with the procedure established by law, and are accredited by the relevant election authority if they have an appropriate invitation. Invitations may be sent by legally authorized bodies after the official publication of the decision on calling the elections. Proposals on sending invitations may be submitted by the statutory bodies of the Commonwealth of Independent States.       4. The Central Election Authority shall issue an international observer with an accreditation certificate of the established type. Such a certificate entitles an international observer to observe during the preparation and conduct of elections.       5. An international observer in the territory of the receiving State is under the protection of that State. Electoral bodies, state authorities, and local self-government bodies are obliged to provide him with the necessary assistance within their competence.       6. An international observer carries out his activities independently and independently. Material and financial support for the activities of an international observer is provided at the expense of the party that sent the observer, or at its own expense. 7. International observers are not entitled to use their status to carry out activities not related to monitoring the election campaign. The Parties reserve the right to revoke the accreditation of those international observers who violate laws, generally accepted principles and norms of international law.       8. International observers have the right to:       a) access to all documents (not affecting the interests of national security) regulating the electoral process, obtaining from electoral authorities the necessary information and copies of electoral documents specified in national laws; b) contacts with political parties, coalitions, candidates, individuals, electoral officials; c) free access to all polling stations polling stations and premises, including on the day of voting;       (d) To monitor the voting process, the counting of votes and the determination of their results in conditions that ensure the predictability of the procedure for counting ballots; (e) to review the results of the examination of complaints (applications) and claims related to violations of election legislation; (f) to inform representatives of electoral authorities of their observations and recommendations without interfering with the work bodies carrying out elections; g) to publicly express their opinion on the preparation and conduct of elections after the end of voting;       h) to provide election organizers, state authorities and relevant officials with their opinion on the results of election observation.       9. International observers should:       a) comply with the constitution and laws of the host country, the provisions of this Convention, and other international documents; b) carry a certificate of accreditation as an international observer, issued in accordance with the procedure determined by the host country, and present it at the request of the election organizers.;       (c) To perform their functions guided by the principles of political neutrality, impartiality, and non-expression of any preferences or assessments towards electoral authorities, state and other bodies, officials, and participants in the electoral process; (d) not to interfere in the electoral process; (e) to base all their conclusions on observation and factual the material.

 Article 16 Appeal and responsibility for violation of electoral rights and freedoms of citizens

     1. In case of violation of the standards of democratic elections, electoral rights and freedoms of citizens, as well as election laws, proclaimed in this Convention, the person or persons whose rights have been violated must have the right and opportunity to appeal and restore the violated rights in courts, and in cases and in accordance with the procedure established by laws, also in electoral authorities.       2. Persons guilty of committing actions (omissions) prohibited by laws must be held accountable in accordance with the laws.

 Article 17 Election documentation

     1. Voting ballots and other electoral documents, including documents of state authorities, local self-government bodies, and electoral bodies related to the conduct of elections, shall be compiled (published) in the state language and in the official languages of the constituent parts of the territory of the state where the elections are taking place, and in accordance with the procedure provided for by law, also in the languages of peoples and nationalities, national minorities and ethnic groups in the territories of their compact residence.       2. Electoral documents, which determine the results of voting and determine the results of elections, are documents of strict accountability, the degree of protection of which is established by laws.

 Article 18 Measures that should not be considered discriminatory

     1. The above-mentioned electoral rights and freedoms of citizens may be limited by the Constitution and laws and may not be considered discriminatory if they provide for: a) special measures taken to ensure adequate representation of any component of the country's population, in particular national minorities and ethnic groups, which in reality are due to political, economic, religious, social historical and cultural conditions are deprived of the opportunity to enjoy equal status with the rest of the population in terms of political and electoral rights and freedoms;       b) restriction of the right to vote and be elected in respect of citizens who have been declared legally incompetent by a court, as well as those held in places of deprivation of liberty by a court verdict.       2. Restrictions on the nomination of candidates and lists of candidates concerning the establishment and operation of political parties (coalitions), electoral rights and freedoms of citizens may be applied in the interests of protecting the constitutional order, national security, maintaining public order, protecting public welfare and morals, and the rights and freedoms of citizens and must comply with the international obligations of the State.       3. The Parties, in their efforts to democratize the electoral process, proceed from the fact that existing restrictions or advantages in the exercise of electoral rights and freedoms provided for by the Constitution and laws and not contrary to the international obligations of the State, should be abolished as appropriate national conditions are created in order to ensure equal legal conditions for participants in the electoral process to participate in elections.

 Article 19 Obligations of States parties to the Convention

1. The Parties will take legislative and other measures to strengthen guarantees of electoral rights and freedoms for the preparation and conduct of democratic elections and the implementation of the provisions of this Convention. The standards of democratic elections, electoral rights and freedoms proclaimed in this Convention may be ensured by including them in the Constitution and legislative acts.       2. The Parties undertake to:       a) to guarantee the protection of democratic principles and norms of electoral law, the democratic nature of elections, the free expression of the will of citizens in elections, the validity of the requirements relating to the recognition of elections as valid, valid and legitimate; b) to take the necessary measures to ensure that the full legislative framework for elections is adopted by the national legislature and the legal regulations ensuring the conduct of elections are not were established by acts of executive power;       c) strive to ensure that the deputy mandates of the other chamber of the national legislative body are fully or partially the subject of free competition of candidates and (or) lists of candidates during national direct elections in accordance with the procedure provided for by laws.;       d) strive to create a system of legal, organizational, and informational guarantees for ensuring citizens' electoral rights and freedoms during the preparation and conduct of elections at any level, and take the necessary legislative measures to ensure that women have fair and realistic opportunities, on an equal basis with men, to exercise their right to vote and be elected to elected bodies and positions as individuals. as well as in the composition of political parties (coalitions) in accordance with the conditions and procedure provided for by the Constitution, laws, as well as to create additional guarantees and conditions for persons with physical disabilities (disabled people, etc.) to participate in voting; e) to register (register) voters on the basis of a legally established non-discriminatory and effective procedure providing for such registration parameters as age, citizenship, place of residence, and the availability of a basic identity document. a citizen;       (e) Legislate the responsibility of persons providing information about voters for the accuracy, full scope of relevant information and timely transmission, and ensuring the confidentiality of personal data in accordance with the law;       g) to promote the formation of political parties and their free legitimate activities, to legislatively regulate the financing of political parties and the electoral process, to ensure that laws and public policy separate the party and the state, and to conduct election campaigns in an atmosphere of freedom and honesty that encourages parties and candidates to freely express their views and assessments, and the provisions of election programs (platforms), and voters got to know them, discussed them, and voted "for" or "against" freely., without fear of punishment or any kind of persecution;       h) ensure that measures are taken to guarantee impartiality in the media coverage of the election campaign, including on the Internet, the inability to establish legal or administrative barriers to access to the media on a non-discriminatory basis for political parties and candidates, and to form a unified information database of election-related opinion poll results, the data of which They should be provided to participants in the electoral process., as well as international observers, upon their request for review or copying, to introduce new information technologies that ensure the open nature of elections and increase the degree of voter confidence in the results of voting and election results.;       i) adopt national civic education programs and participate in the development and adoption of similar interstate programs, provide conditions for familiarization and training of citizens and other election campaign participants in electoral procedures and rules, improving their legal culture and professional qualifications of election organizers;       (k) To ensure the establishment of independent, impartial electoral bodies that organize the conduct of democratic, free, fair, genuine and periodic elections in accordance with the legislation and international obligations of the State; (l) To ensure that candidates who receive the required number of votes determined by law are able to properly assume office and remain in office until the expiration of their term of office or until their termination in another way, regulated by law;       (m) Take measures to legislatively regulate the list of violations of citizens' electoral rights and freedoms, as well as the grounds and procedure for bringing to criminal, administrative or other responsibility persons who, through violence, deception, threats, forgery or otherwise, impede the free exercise by a citizen of the right to vote and be elected, and the exercise of other electoral rights and freedoms enshrined in the Constitution and laws;       h) to promote the creation, for the purpose of information exchange and sharing, of an interstate unified data bank containing information on electoral legislation, participants in the electoral process (taking into account that personal data is confidential), law enforcement and judicial practice, legislative proposals to improve the electoral system, as well as other information related to the organization of the electoral process;       (o) To promote the development of cooperation between the electoral authorities of the States Parties to this Convention, including the establishment and (or) expansion of the powers of existing interstate associations of electoral authorities.

 Article 20 Rights granted independently of this Convention

     1. Nothing in this Convention shall prevent States from fulfilling their international obligations regarding the electoral rights and freedoms of citizens assumed in accordance with international treaties and agreements to which they are parties.       2. The exercise of the rights set forth in this Convention is without prejudice to the enjoyment by all persons of universally recognized rights and fundamental freedoms.       3. Nothing in this Convention may be interpreted as allowing any activity contrary to the purposes and principles of the Charter of the Commonwealth of Independent States.

 Article 21 Status of the Interstate Electoral Council

     The Parties recognize the need to establish, on the basis of the electoral authorities of the States Parties to this Convention, an Interstate Electoral Council designed to facilitate election observation in the States Parties to this Convention.

 Article 22 Procedure for entry into force of the Convention

     1. This Convention shall enter into force on the date of deposit of the third notification to the depositary on the completion by the Parties of the internal procedures necessary for its entry into force.       2. For Parties that have notified the depositary of the completion of such procedures later, the Convention shall enter into force on the date of receipt by the depositary of such notification.

 Article 23 Procedure for accession to the Convention

     1. This Convention is open for accession by other States willing to assume the obligations arising from this Convention.       2. For the acceding State, this Convention shall enter into force on the date of deposit of the instrument of accession with the depositary.

 Article 24 Procedure for withdrawal from the Convention

     Each Party may withdraw from this Convention by sending a written notification to the depositary.

 Article 25 Procedure for amendments and additions to the Convention

     This Convention may be amended and supplemented by a separate protocol, which is an integral part of this Convention, which enters into force in accordance with the procedure provided for in Article 22 of this Convention.

 Article 26 Settlement of disputes related to the application or interpretation of the Convention

     Disputes related to the application or interpretation of this Convention shall be resolved through consultations and negotiations between the parties concerned.       Done in Chisinau on October 7, 2002, 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 Convention.

     For the Republic of Azerbaijan For the Republic of Moldova

     For the Republic of Armenia For the Russian Federation

     For the Republic of Belarus For the Republic of Tajikistan

     For Georgia For Turkmenistan

     For the Republic of Kazakhstan For the Republic of Uzbekistan

     For the Kyrgyz Republic For Ukraine

 Reservation of Ukraine

according to items 13-4 of the agenda "On the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the CIS Member States Meetings of the Council of Heads of State of the CIS (Chisinau, October 7, 2002)

     1. For Ukraine, the provisions of this Convention will apply only to elected bodies of State power, local self-government and elected officials. 2 The Convention will enter into force for Ukraine after its ratification by the Verkhovna Rada of Ukraine.

     The President of Ukraine

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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