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[TRANSLATED FROM RUSSIAN]

Regulations

These Regulations define the procedure for holding elections of akims of aul (rural) districts, auls (villages), and villages.

Chapter 1. General Provisions

1. Elections of akims of aul (rural) districts, auls (villages), and villages shall be held on the territory of appropriate auls (rural) districts, auls (villages), and villages on the basis of indirect voting right by secret ballot. The indirect voting right means electing the said akims by citizens through their representatives/electors.

2. Citizens of the Republic of Kazakhstan residing on an appropriate territory shall have the right to participate in elections of akims of aul (rural) districts, auls (villages), and villages.

3. Election Committees for the Oblasts and the cities of Almaty and Astana shall call elections of akims of aul (rural) districts, auls (villages), and villages upon the recommendation of Akims of the Oblasts and the cities of Astana and Almaty.

4. Candidates shall have equal rights to participate in the elections within the limits specified by these Regulations.

5. When holding elections of akims of aul (rural) districts, auls (villages), and villages the voting shall be by secret ballot in order to make impossible any control over the will of electors.

Chapter 2. Electoral System

1. When holding elections of akims of aul (rural) districts, auls (villages), and villages the following system for counting votes shall apply: the candidate, who received the largest number of votes of electors who participated in voting, shall be deemed elected.

2. When holding elections of akims of aul (rural) districts, auls (villages), and villages the electoral district shall be the territory of a appropriate aul (rural) district, aul (village), and village.

3. Electoral bodies that organize and hold elections of akims of aul (rural) districts, auls (villages), and villages shall be appropriate regional (city) and district election committees.

4. Polling station committees that perform functions of district election committees for election of akims shall be determined by a decision of an appropriate territorial election committee.

5. The district election committee shall:

1) establish necessary number of residents of a village, street, and residential area for holding meetings;

2) organize meetings of residents for electing electors;

3) register candidates nominated for akims and their authorized representatives and issue appropriate certificates;

4) approve the text of the ballot paper;

5) prepare polling stations and ensure that polling-booths and ballot boxes are made;

6) establish results of voting at akim elections, hand over the voting record on results of voting to the regional (city) election committee for registration of the akim;

7) hold re-elections;

8) exercise other powers in accordance with the Constitutional Law "On Elections in the Republic of Kazakhstan" and these Regulations.

Chapter 3. Election of Electors and Drawing up Lists of Electors

1. Citizens shall be eligible to vote if they are not younger than eighteen and permanently reside on the territory of the appropriate aul (rural) district, aul (village) or village and have the right to vote.

2. In order to elect electors for the appropriate territory, domiciliary meetings of citizens shall be held.

3. Meetings shall be convened by the district election committee for villages, streets, and residential areas.

4. Citizens not younger than eighteen residing on the appropriate territory shall participate in the meetings.

5. The meeting shall have the quorum, if a majority of residents of the village, street, and residential area (according to a number of residents established by the district election committee) take part in the meeting.

6. The district election committee shall, subject to a number of electors established for an appropriate district, determine the necessary number of residents to be represented by one elector.

7. The Central Election Committee shall determine a number of electors for village within the range from 15 to 50 electors subject to a number of residents.

8. Electors shall be elected at a meeting by open vote and the results of elections shall be formalized by minutes of the meeting to be signed by the chairperson and the secretary of the meeting of residents.

9. When holding elections of akims of aul (rural) districts, auls (villages), and villages lists of electors shall be drawn up.

10. Lists of electors shall be drawn up on the basis of minutes of meeting to be submitted to the district election committee no later than ten days after calling the elections.

11. Lists of electors shall be made available for review in the district election committee ten days prior to the date of voting.

12. Citizens shall have opportunity to review lists of electors in appropriate district election committees.

13. Every elector shall be granted the right to appeal against non-inclusion, incorrect inclusion, and exclusion of the information on the elector from the list and against inaccurate information on the elector. Motions seeking to amend the lists shall be considered by an appropriate election committee no later than within three days; if the application is filed on the day preceding elections or on the day of elections, applications shall be considered immediately. The decision of the district election committee may be appealed against by filing an appeal with a superior election committee.

14. Lists of electors may not be amended on the day of elections.

Chapter 4. Nominating and Registering Candidates for Position of Akim of Aul (Rural) District, Aul (Village), and Village

1. Residents of the aul (rural) district, aul (village), and village shall be informed of the day of elections.

2. In accordance with Article 33 of the Constitution of the Republic of Kazakhstan, a citizen must have the right to vote in order to be elected an akim of aul (rural) district, aul (village), and village.

3. A citizen shall be eligible for a candidate for the office of akim of aul (rural) district, aul (village), or village if he/she is not younger than twenty five, has higher education and resides on the territory of the appropriate region (city).

4. Candidates for the office of akim shall be nominated by filing an application with an appropriate district election committee regarding his/her intention to run for Akim on the territory of the appropriate aul (rural) district, aul (village), or village.

5. The number of candidates nominated shall not be limited.

6. The nomination of candidates shall commence on the date following the date of calling elections and shall terminate fifteen days prior to the date of elections.

7. If no candidate is nominated or all candidates nominated withdraw their candidature prior to their registration, the district election committee shall extend the deadline for nomination of candidates by no more than twenty days.

8. The district election committee shall establish that a candidate meets qualifying standards, which shall be confirmed by an appropriate protocol.

9. A candidate shall be registered if the following documents are available:

1) the application regarding intention to run for the office of akim of aul (rural) district, aul (village), or village;

2) candidate’s biographical details;

3) the identity card of a citizen of the Republic of Kazakhstan.

10. The district election committee shall draw up a protocol regarding registration of candidates.

11. The district election committee shall:

1) no later than on the fourth day after registration of candidates inform through mass media or otherwise of registration with indication of the surname, name, patronymic name, date of birth, position, job (occupation), and residency of each candidate, and at the discretion of the candidate, information on his/her membership in a public association and ethnic origin;

2) issue appropriate certificates to candidates upon registration;

3) refuse registration or void the decision regarding registration of a candidate in the event of:

- violation of regulations for nominating candidates;

- benefiting by a candidate from holding the office;

- revealing facts of carrying out election campaign prior to his/her registration by the election committee;

- revealing facts of purchasing votes.

12. Refusal to register a candidate or cancellation of the decision regarding registration may be appealed against in a superior territorial election committee or in court within three days. The superior territorial election committee or the court shall issue a decision on the appeal within five days of the date of filing the appeal.

13. Registration of candidates shall commence twenty days and completed ten days prior to the date of voting.

14. During and after the registration period but no later than three days prior to the date of voting a candidate may withdraw his/her candidature by applying in writing to the district election committee.

15. In this event the district election committee shall not register the candidate or shall cancel the decision regarding his/her registration.

16. Should all candidates withdraw after the expiry of the registration deadline, the new election date shall be fixed by the oblast, Astana or Almaty election committee.

Chapter 5. Election Campaign and Financing of Elections

1. The election campaign shall commence on the date of registration of candidates and terminate at 12.00 a.m. (local time) on the day preceding the day of elections.

2. The election campaign shall be carried out by:

1) taking per-election steps (pre-election meetings, meetings with electorate and electors);

2) issuing and/or distributing printed, audiovisual, and other campaigning materials.

3. State agencies and their officials and members of election committees shall be prohibited from carrying out election campaign, distributing any campaigning materials.

It shall be prohibited to carry out pre-election campaigning accompanied by free distribution of goods, services, securities, and payment of money to electorate except for free distribution of printed (illustrative) materials, badges, and flags specially produced for the election campaign.

4. Citizens who have current voting right may campaign for and against a candidate without hindrance in accordance with these Regulations.

5. From the date of registration with the appropriate district akim election committee until the end of campaigning candidates shall have the right to carry out campaigning and popularize their election program.

6. Candidates may have aides who assist them in carrying out the election campaign and campaigning and represent interests of candidates in relations with state agencies, organizations, public associations, and election committees.

7. Candidates shall nominate aides at their own discretion and shall provide information about them for the district akim election committee to register them.

8. Having registered the aides, the district akims election committee shall issue appropriate certificates to them.

9. An aide cannot be a member of any election committee whatsoever.

10. The aides shall act within powers granted to them by the candidate.

11. The aides shall lose their status upon completion of the election campaign or on their own initiative or by decision of the candidate.

12. Pre-election campaigning shall be prohibited on the date of elections and on the date preceding the date of elections.

13. Printed campaigning materials previously placed outside premises of election committees and premises for voting may be kept.

14. Elections of akims of aul (rural) districts, auls (villages), and villages shall be financed using funds from the national budget.

15. Voting and determining results of elections of akims of aul (rural) districts, auls (villages), and villages shall be carried out in accordance with election procedures established by the Constitutional Law "On Elections in the Republic of Kazakhstan."

Chapter 6. Elections of Akims of Aul (Rural) Districts, Auls (Villages), and Villages of the Republic of Kazakhstan

1. Akim of an aul (rural) district, aul (village), and village shall be elected at the joint meeting of electors.

2. Joint meeting shall be deemed to have a quorum if not less than two thirds of electors established for this aul (rural) district, aul (village), or village are present at the meeting.

3. The chairman of the district election committee shall chair the joint meeting of electors.

A protocol of the joint meeting shall be a document evidencing the fact of holding the joint meeting of electors.

4. The district election committee shall organize a polling station for election of the akim in the premises where the joint meeting of electors is held.

5. The chairman of the district election committee shall close the joint meeting after declaring results of voting for the akim.

6. Based on the results of voting the district election committee shall draw up a voting record that shall be immediately sent to the regional (city) election committee.

7. Should elections be recognized invalid, the oblast, Astana or Almaty election committees shall make a decision on holding re-elections. When carrying out re-elections the voting shall be carried out at the same polling station and using the same lists of electors that were drawn up for the initial elections.

8. Re-elections shall be held no later than within two months of the date of the initial elections. Election events provided for re-elections shall be carried out in accordance with these Regulations and the Constitutional Law "On Elections in the Republic of Kazakhstan."

9. The information on holding re-elections shall be published in local mass media.

10. Candidates who violate these Regulations during initial elections shall not participate in re-elections.

11. Results of elections shall be established at the meeting of the regional (city) election committee based on the voting records of district election committees. Based on the results of elections a voting record shall be drawn up that shall be signed by the chairman and members of the regional (city) election committee. The results of elections shall be announced through local mass media.

Chapter 7. Registration of Akims of Aul (Rural) Districts, Auls (Villages), and Villages

1. The regional (city) election committee shall within seven days of the date of holding elections register elected akims of aul (rural), auls (villages), and villages.

2. The regional (city) election committee shall no later than on the fourth day after registration of the akim elected publish in local mass media information on registration with indication of the surname, name, patronymic name, date of birth, position, job (occupation) and place of residence of the akim and subject to the discretion of the akim, information on his/her membership in a public association and ethnic origin.

3. In case of violation of the rules for drawing up lists of electors, procedure for voting and counting of votes, determining results of elections or other violations of these Regulations, the regional (city) election committee may recognize the elections of akims of aul (rural) districts, auls (villages), and villages invalid if such acts do not allow to determine results of the voters’ will for certain.

Candidates may appeal against such decision in court within ten days of the date of taking such decision.

4. The akim of an appropriate aul (rural) district, aul (village), or village shall be elected for 2 years.

Chapter 8. Termination of Powers and Dismissal from the Office of Akims of Aul (Rural) Districts, Auls (Villages), and Villages

1. Powers of the akim of an aul (rural) district, aul (village), and village shall terminate if before the expiration of the term:

1) he/she moves for a permanent residence out of the administrative/territorial unit, of which he/she is akim;

2) a court decision on recognizing him incapable, missing or deceased came into force;

3) a court sentence with regard to the akim comes into effect;

4) he/she loses the citizenship of the Republic of Kazakhstan;

5) he/she dies;

6) he/she personally files a letter of resignation.

2. On the grounds listed in Articles 71.1-71.5 the authority of the akim of aul (rural) district, aul (village), and village shall terminate from the time when the said events occur and the termination shall be formalized by the decision of the appropriate regional akim.

On the ground specified in Article 71.7 the authority of the akim of aul (rural) district, aul (village), and village shall terminate pursuant to the decision of the appropriate regional akim no later than within one month from the date of submitting the letter of resignation.

3. The akim of aul (rural) district, aul (village), or village may be removed from his/her office before the expiration of the term in the event of:

1) systematic violation of the Constitution, laws, decrees of the President and the Government of the Republic of Kazakhstan in the course of his/her activity;

2) improper performance of his/her duties;

3) lengthy disability (exceeding three months in a row or six months within one calendar year).

4. On the grounds listed in Article 73 the akim of the aul (rural) district, aul (village), or village shall be removed from his/her office by the decision of the superior akim provided that the consent of no less than two-thirds of the total number of deputies of the appropriate regional (city) maslikhat is available. If the maslikhat does not consent to remove the akim from the position held on the grounds listed above, this issue may be raised again not earlier than in six months.

5. The Central Election Committee of the Republic of Kazakhstan shall monitor the implementation of these Regulations and ensure the uniform application thereof.