CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2022 No. 156-VII ZRK

About modification and amendments in some constitutional laws of the Republic of Kazakhstan concerning implementation of the Message of the Head of state of March 16, 2022

Article 1. Make changes and additions to the following constitutional laws of the Republic of Kazakhstan:

1. In the Constitutional law of the Republic of Kazakhstan of September 28, 1995 "About elections in the Republic of Kazakhstan":

Article 1 to state 1) in the following edition:

"Article 1. The relations regulated by this Constitutional law

This Constitutional law governs the relations arising by preparation and elections of the President of the Republic of Kazakhstan, deputies of the Senate and Majilis of Parliament of the Republic of Kazakhstan, maslikhats, akims of areas, the cities of regional value, the cities of district value, villages, settlements, rural districts and members of other local government bodies and also in case of the response of deputies of the Majilis of Parliament and maslikhats elected on single-candidate territorial constituencies and establishes the guarantees providing freedom of declaration of will of citizens of the Republic.";

2) in Article 3:

in Item 1 of the word "akims of the cities of district value, villages, settlements, rural districts," shall be replaced with words "akims of areas, the cities of regional value, the cities of district value, villages, settlements, rural districts (further in the text of this Constitutional law - akims),";

add with item 4 of the following content:

"4. Foreign intervention by preparation and elections is not allowed.";

3) in Article 4:

state Item 2 in the following edition:

"2. Passive voting right - the right of citizens of the Republic of Kazakhstan to be elected the President, the deputy of Parliament, maslikhat, the akim or the member of other local government body.";

in paragraph one of item 4 of the word "including according to party lists", "the cities of district value, villages, settlements, rural districts" to exclude;

To exclude 4) in Item 1 of Article 5 of the word "chosen according to party lists", "the cities of district value, villages, settlements, rural districts";

To exclude 5) in Article 6 of the word of "the cities of district value, villages, settlements, rural districts";

To exclude 6) in Article 8 of the word of "the city of district value, the village, the settlement, the rural district";

Article 9 to state 7) in the following edition:

"Article 9. The electoral systems

1. In case of presidential elections, deputies of the Senate of Parliament the candidate is considered the electee:

gained more than fifty percent of votes of voters (electors) who took part in vote;

gathered during the repeated vote in comparison with other candidate bigger poll of voters (electors) who took part in vote.

2. Deputies of the Majilis of Parliament are elected on the mixed electoral system: on system of pro rata representation on the territory of the single national constituency, and also on single-candidate territorial constituencies.

In case of elections of deputies of the Majilis of Parliament on single-candidate territorial constituencies the candidate is considered electee if the number of the voters, bigger in relation to other candidates, who took part in vote voted for its candidate.

3. Deputies of maslikhats of areas, cities of republican value and the capital are elected on the mixed electoral system: on system of pro rata representation on the territory of the single territorial constituency half of deputies, and also on single-candidate territorial constituencies - other half is elected.

In case of elections of deputies of maslikhats of areas, cities of republican value and the capital on single-candidate territorial constituencies the candidate is considered electee if the number of the voters, bigger in relation to other candidates, who took part in vote voted for its candidate.

In case of the odd number of mandates of deputies of maslikhats of areas, cities of republican value and the capital the mandate exceeding half is chosen on the single-candidate territorial constituency.

4. Deputies of maslikhats of areas and cities of regional value are elected on single-candidate territorial constituencies.

In case of elections of deputies of maslikhats of areas and cities of regional value by the electee the candidate who gathered bigger poll of the voters who took part in vote in comparison with other candidates is considered.

5. In case of elections of the akim by the electee the candidate who gathered bigger poll of the voters who took part in vote in comparison with other candidates is considered.

6. In case of elections of members of other local government bodies candidates for whom the number of the voters, bigger in relation to other candidates, who took part in vote voted are considered as chosen.";

8) in Article 10:

add Item 2 with subitem 2-1) of the following content:

"2-1) district electoral commissions;";

in Item 3:

state part one in the following edition:

"3. Territorial and district electoral commissions at elections of deputies of the Majilis of Parliament are formed by Central Election Commission, and district electoral commissions at elections of deputies to maslikhats and precinct election commissions - the relevant territorial election commissions.";

add with part two of the following content:

"If borders of districts on single-candidate territorial constituencies match with borders of administrative territorial units, district electoral commissions are not created, their powers perform territorial election commissions.";

the fourth to state part in the following edition:

"Members territorial, district and precinct election commissions are elected by the relevant maslikhats based on offers of political parties.";

add with part eight of the following content:

"The members of territorial election commissions elected by maslikhats shall conform to the qualification requirements approved by Central Election Commission.";

Shall be replaced with words 9) in Item 4-1 of Article 11 of the word "and also material logistics" "material logistics, and also the organization, coordination and ensuring works in the field of increase in legal culture of voters, training of organizers of elections and other participants of the electoral process";

10) in Article 12:

add with subitem 2-2) of the following content:

"2-2) forms constituencies at elections of deputies of the Majilis of Parliament on single-candidate territorial constituencies and establishes their borders, publishes the list of constituencies and data on their borders in mass media;";

the subitem 5) after words of "deputies of Parliament" to add with words ", on response of deputies of the Majilis of Parliament, the elite on single-candidate territorial constituencies";

in the subitem 6):

after words of "the Majilis of Parliament" to add with the words "according to party lists";

after words of "the Senate of Parliament" to add with words of "the deputies of the Majilis of Parliament elected on single-candidate territorial constituencies, deputies";

to exclude words of "the city of district value, the village, the settlement, the rural district";

in the subitem 9) the word "publishes" to replace with the word "publishes";

in the subitem 15) to exclude words of "the city of district value, the village, the settlement, the rural district";

16) to add the subitem with the words "when forming new convocation";

in subitem 16-6) of the word "through mass media", "the city of district value, the village, the settlement, the rural district" to exclude;

add with subitems 16-10), 16-11), 16-12) and 16-13) of the following content:

"16-10) develops and approves rules of accreditation of public associations and non-profit organizations to which authorized activities implementation of activities for observation of elections belongs;

16-11) performs accreditation of republican public associations and non-profit organizations to which authorized activities implementation of activities for observation of elections belongs;

16-12) develops and approves rules of purchase of goods, the works and services necessary for the organization and activities of the electoral commissions during preparation and elections, referendum;

16-13) develops and approves qualification requirements to members of territorial election commissions;";

1) of Item 2 and item 4 of Article 13 of the word of "the city of district value, the village, the settlement, the rural district" to exclude 11) in the subitem;

12) in Article 14:

in the subitem 2) to exclude words of "the city of district value, the village, the settlement, the rural district";

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

"2-2) registers the statement of the initiator on response of the deputies elected on single-candidate territorial constituencies;

2-3) appoints elections of deputies of maslikhats on constituencies instead of disposed;";

subitem 3):

after the word "territorial" to add with the word", district";

after the word of "activities" to add with words "district and";

after the word to add "(failure to act)" with words "district and";

add with subitem 3-1) of the following content:

"3-1) receives protocols on registration of candidates of the relevant maslikhat from district electoral commissions and provides publication by district electoral commissions of lists of the registered candidates;";

in the subitem 6) to exclude words of "the city of district value, the village, the settlement, the rural district";

7) to state the subitem in the following edition:

"7) is established by the text of ballots on elections of deputies of maslikhats on party lists, akims, members of other local government bodies and are provided by production of ballots at elections of deputies of maslikhats, akims, members of other local government bodies, and also delivery of ballots district, to precinct election commissions;";

8) after the word of "batches" to add the subitem with the words "and candidates";

in subitem 8-1) of the word of "the cities of district value, villages, settlements, rural districts" to exclude;

in the subitem 9) to exclude words of "the city of district value, the village, the settlement, the rural district";

in the subitem 10):

to exclude words of "the city of district value, the village, the settlement, the rural district";

add with words of "Parliament and maslikhats";

add with subitems 11-2) and 11-3) of the following content:

"11-2) performs accreditation of regional and local public associations and non-profit organizations to which authorized activities implementation of activities for observation of elections belongs;

11-3) performs powers of district electoral commissions if borders of districts on single-candidate territorial constituencies match with borders of administrative territorial units;";

To add 13) with Articles 15-1 and 16-1 of the following content:

"Article 15-1. District electoral commissions

1. District electoral commissions provide the organization and elections of deputies of the Majilis of Parliament and maslikhats for single-candidate territorial constituencies.

2. District electoral commissions are formed as a part of five members.

3. The structure of district electoral commissions is published in mass media not later than in ten days after appointment or the announcement of elections or after purpose of vote in case of initiation of the procedure of response according to Chapter 13-2 of this Constitutional law.";

"Article 16-1. Powers of district electoral commission

District electoral commission:

1) exercises control of execution of the legislation on elections in the territory of the respective constituency;

2) will be organized by elections of deputies of the Majilis of Parliament and maslikhats on single-candidate territorial constituencies;

3) holds repeated elections and elections instead of the disposed deputies of the Majilis of Parliament and maslikhats on single-candidate territorial constituencies;

4) is established by the text of voting bulletin on elections of deputies of the Majilis of Parliament and maslikhats on single-candidate territorial constituencies;

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