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Location: Kazakhstan
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Kazakhstan
2021
LEOM
Parliamentary
elections
The Election Law should be amended to explicitly provide for the right of electoral stakeholders to file complaints against election results at all levels. It should also clearly specify jurisdiction over such complaints, as well as set objective criteria for a potential invalidation of election results.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and appeals
Kazakhstan
2021
LEOM
Parliamentary
elections
To provide for effective redress to all stakeholders and increase public trust in election dispute resolution, election commissions and courts should give thorough and impartial consideration to the substance of all reports related to electoral violations or disputes. In line with good practice, a template for complaints could be provided, and decisions on inadmissibility of complaints on formal grounds, such as deficiencies in format, should be avoided.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and appeals
Kazakhstan
2022
RAM
Referendum
The legislation should clearly specify jurisdiction over referendum results-related appeals and ensure the right to effective remedy.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Kazakhstan
2022
Early election
EOM
Presidential
The Central Election Commission should consider complaints in public sessions and issue reasoned decisions. Consideration should be given to increasing transparency of election dispute resolution by making complaints and relevant responses public in a timely manner.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2022
Early election
EOM
Presidential
Consideration should be given to limiting the participation of public prosecutors in court hearings of election disputes only to criminal cases.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2022
Early election
EOM
Presidential
The Election Law should be amended to explicitly provide for the right of electoral stakeholders to file complaints against election results at all levels. It should also clearly specify jurisdiction over such complaints and set objective criteria for a potential invalidation of election results.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2022
Early election
EOM
Presidential
The timeline for announcing election results should ensure that all appeals are resolved before the Central Election Commission officially declares the winner.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To increase the transparency of election dispute resolution, the Central Election Commission should consider complaints in open sessions, and decisions and their reasoning should be made public.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Additional efforts should be taken in practice to ensure transparency of adjudication of complaints by courts. Public access to court hearings should not be curtailed by undue administrative hurdles, such as lack of timely publication of schedules of hearings or pre-authorization of attendees.
Recommendation # in final report:
33
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The timeline for announcing election results should ensure that all legal possibilities for appeals are exhausted before the Central Election Commission announces the election results. The legal framework for post-election dispute resolution should explicitly provide an opportunity to challenge voting results protocols at all levels and provide for an effective remedy in the cases of an inaccurate establishment of results.
Recommendation # in final report:
34
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
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