LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2018 No. 163-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning elections

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; The law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

The subitem 3) of Item 1 of Article 54 to add 1) with the paragraph the tenth the following content:

"training of participants of the electoral process;";

The subitem 3) of Item 1 of Article 55 to add 2) with the paragraph the tenth the following content:

"training of participants of the electoral process;".

2. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; The law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018; The Law of the Republic of Kazakhstan of June 13, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of non-profit organizations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 15, 2018):

the paragraph one of part five of Article 112 to state in the following edition:

"5. Publication or release in ether of propaganda materials of candidates, the political parties participating in elections by mass media which no later than five days prior to carrying out election propaganda did not announce and did not publish, and also did not provide to the electoral commission of the data on the amount of payment, conditions and procedure for provision of ether and the printing area, -";

the second Article 119 to exclude part;

state Article 120 in the following edition:

"Article 120. Violation of conditions of holding the poll connected with elections

1. Violation by mass media of procedure for publications of survey results of public opinion, forecasts of election results, other researches connected with elections namely not specifying of the legal entity conducting survey, the persons which ordered poll and who paid it, time of holding poll, method of information collection, accurate information of question, number of respondents and coefficient of error of survey results

attracts penalty on physical persons in the amount of fifteen, on legal entities - in the amount of thirty monthly settlement indicators.

2. Publication in mass media of survey results of public opinion, forecasts of election results, other researches connected with elections, votes in support of candidates or political parties on the Internet within five days till ballot day and in ballot day, and also holding poll in the election day in the room or Item for vote

attract penalty on physical persons in the amount of ten, on legal entities - in the amount of twenty five monthly settlement indicators.

3. Holding poll without observance of requirements of the elective legislation of the Republic of Kazakhstan

attracts penalty on physical persons in the amount of fifteen, on legal entities - in the amount of thirty monthly settlement indicators.".

3. In the Law of the Republic of Kazakhstan of January 23, 2001 "About local public administration and self-government in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 17; No. 9, Art. 86; No. 24, Art. 338; 2002, No. 10, Art. 103; 2004, No. 10, Art. 56; No. 17, Art. 97; No. 23, Art. 142; No. 24, Art. 144; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 13, Art. 86, 87; No. 15, Art. 92, 95; No. 16, Art. 99; No. 18, Art. 113; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 14; No. 10, Art. 69; No. 12, Art. 88; No. 17, Art. 139; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114, 124; 2009, No. 2-3, of Art. 9; No. 24, Art. 133; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; No. 7, Art. 29, 32; No. 24, Art. 146; 2011, No. 1, Art. 3, 7; No. 2, Art. 28; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 118; No. 16, Art. 129; 2012, No. 2, Art. 11; No. 3, Art. 21; No. 5, Art. 35; No. 8, Art. 64; No. 14, Art. 92; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 8, Art. 50; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 81; No. 20, Art. 113; No. 21-22, of Art. 115; 2014, No. 2, Art. 10; No. 3, Art. 21; No. 7, Art. 37; No. 8, Art. 49; No. 10, Art. 52; No. 11, Art. 67; No. 12, Art. 82; No. 14, Art. 84, 86; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 118, 122; No. 22, Art. 131; 2015, No. 9, Art. 46; No. 19-I, Art. 101; No. 19-II, Art. 103; No. 21-I, Art. 121, 124, 125; No. 21-II, Art. 130, 132; No. 22-I, Art. 140; No. 22-V, Art. 154, 156, 158; 2016, No. 6, Art. 45; No. 7-I, Art. 47, 49; No. 8-II, Art. 72; No. 23, Art. 118; 2017, No. 3, Art. 6; No. 8, Art. 16; No. 13, Art. 45; No. 15, Art. 55; No. 16, Art. 56):

Subitem 7-1) of Item 1 of Article 6 to state 1) in the following edition:

"7-1) election according to the legal act of the Republic of Kazakhstan for elections of members territorial and precinct election commissions by holding secret or open voting;";

2) in Article 20:

add Item 3 with subitems 3-1) and 3-2) of the following content:

"3-1) exits or exceptions of the deputy of political party from which according to the Constitutional law of the Republic of Kazakhstan "About elections in the Republic of Kazakhstan" the deputy is elected;

3-2) terminations of activities of political party from which according to the Constitutional law of the Republic of Kazakhstan "About elections in the Republic of Kazakhstan" the deputy is elected;";

state item 4 in the following edition:

"4. In case of the termination of powers of the deputy of maslikhat on the bases provided by subitems 1), 2), 4), 5), 6), 7), 8), 9) and 10) of Item 3 of this Article, the relevant territorial election commission makes the decision in which the fact of approach of the bases attracting the termination of powers of the deputy of maslikhat is established and the decision on entering into the relevant maslikhat of idea of early termination of powers of the deputy of maslikhat is made.

Based on the representation to territorial election commission brought according to this Item by a majority vote from total number of attendees at the session of maslikhat of deputies the maslikhat stops powers of the corresponding deputy of maslikhat.";

add with Item 4-1 of the following content:

"4-1. In case of the termination of powers on the bases provided by subitems 3-1) and 3-2) of Item 3 of this Article, the relevant territorial election commission makes the decision establishing the fact of loss by person of powers of the deputy of maslikhat and informs on it the relevant maslikhat.";

Item 1 of Article 27 to add 3) with subitem 15-1) of the following content:

"15-1) provides training of participants of the electoral process;";

Item 1 of Article 31 to add 4) with subitem 19-1) of the following content:

"19-1) provides training of participants of the electoral process;";

Item 1 of Article 39-7 to state 5) in the following edition:

"1. Territorial councils of local self-government are created based on the decision of maslikhat of the city of republican value, the capital, the city of regional value by the relevant akimat in borders of the respective constituency at elections of deputies of city maslikhat in the structure offered by the akim of the city.";

Article 41 to add 6) with Items 3 and 4 of the following content:

"3. Suspend till January 1, 2019 Items 3 and 4 of Article 20, having determined that during suspension these Items are effective in the following edition:

"3. Powers of the deputy of maslikhat stop ahead of schedule in cases:

1) election or appointment it to position which occupation according to the law is incompatible with accomplishment of deputy obligations;

2) introductions in legal force of the judgment about recognition by its incapacitated or it is limited by capable;

3) terminations of powers of maslikhat;

4) his death, the introduction in legal force of the judgment about its recognition it is unknown absent or the announcement his dead;

5) terminations of nationality of the Republic of Kazakhstan by it;

6) introductions concerning it in legal force of conviction of court for crime execution or intentional criminal offense;

7) its departure on the permanent residence out of limits of the corresponding administrative and territorial unit;

8) in connection with its application in person about resignation;

9) systematic failure to carry out of the obligations, including absence by it more than three time in a row without valid excuse at plenary meetings of session of maslikhat or meetings of bodies of maslikhat in which structure he is elected;

10) appointments it to position of the chairman of audit committee or the member of audit committee of area, city of republican value, the capital.

4. The decision on early termination of powers of the deputy is adopted at the session of maslikhat by a majority vote from total number of the present deputies on representation to the relevant territorial election commission.".

4. Determine that Item 4-1 of article 20 of this Law becomes effective since January 1, 2019.".

4. In the Law of the Republic of Kazakhstan of July 15, 2002 "About political parties" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 16, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; 2007, No. 9, Art. 67; 2009, No. 2-3, of Art. 6; 2012, No. 5, Art. 41; No. 21-22, of Art. 124; 2014, No. 21, Art. 122; 2015, No. 22-I, Art. 140):

The subitem 9) of Item 1 of Article 9 to state 1) in the following edition:

"9) the bases of response or rotation of the deputies elected from political party;";

The subitem 2) of item 4 of Article 16 to state 2) in the following edition:

"2) party candidate lists in deputies of the relevant maslikhats are pushed.";

Article 22 to add 3) with Item 1-1 of the following content:

"1-1. Suspend till January 1, 2019:

the subitem 9) of Item 1 of Article 9, having determined that during its suspension the subitem 9) of Item 1 of Article 9 is effective in the following edition:

"9) the bases of response or rotation of the deputies of the Majilis of Parliament of the Republic of Kazakhstan elected from political party on the territory of the single national constituency;";

the subitem 2) of item 4 of Article 16, having determined that during its suspension the subitem 2) of item 4 of Article 16 is effective in the following edition:

"2) candidates of the relevant maslikhats are proposed.".

5. In the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 22-V, Art. 153; 2016, No. 7-I, Art. 50; No. 22, Art. 116; No. 24, Art. 123; 2017, No. 14, Art. 51; No. 16, Art. 56):

Article 15 to add 1) with item 4 of the following content:

"4. Akims of the city of district value, the village, settlement, rural district can hold managerial state positions of the case "B" according to the legislation of the Republic of Kazakhstan on public service within one year after the end of term of office in coordination with authorized body without carrying out tender.";

Part the second Item 1 of Article 20 to state 2) in the following edition:

"For the government employees who arrived on political public service, classified public service of the case "A", the akims of the city of district value, the village, settlement, rural district appointed following the results of elections, the probation period is not established.";

Article 26 to add 3) with part two of the following content:

"On the citizens who for the first time are arriving or again arriving to the state positions of the case "B" in out-of-competition procedure in the cases provided by this Law and also according to the procedure of appointment as local representative bodies or election according to the laws of the Republic of Kazakhstan, the specified stages of selection do not extend.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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