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Location: Kazakhstan
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Kazakhstan
2021
LEOM
Parliamentary
elections
The legal framework for complaints and appeals should be reviewed to eliminate ambiguities and to provide for a consolidated procedural base and due process safeguards for the resolution of election disputes at election commissions of all levels.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Complaints and appeals
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 referendum legal framework should be reviewed in order to eliminate the shortcomings identified in this and previous ODIHR reports through an inclusive consultative process, in accordance with OSCE commitments and good electoral practice. In particular, the Referendum Law should be amended to adequately regulate the referendum campaign and campaign finance.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Kazakhstan
2022
RAM
Referendum
To enhance voters’ ability to make an informed choice, the state should provide impartial and balanced information on proposed amendments and their potential impact in a timely manner.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum Administration
Kazakhstan
2022
RAM
Referendum
To ensure an equitable campaign environment, lawmakers should develop strict campaign rules, including on the misuse of administrative resources and official positions, and introduce effective enforcement and sanctioning mechanisms.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign and Campaign Finance
Kazakhstan
2022
RAM
Referendum
The legal framework should set comprehensive rules for financing the referendum campaign, including on the use of private and public funding, and requirements for reporting, auditing and sanctions for violations. The use of public funds by authorities for campaigning for a particular choice should be prohibited.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign and Campaign Finance
Kazakhstan
2022
RAM
Referendum
Consideration should be given to revising the rules for the appointment of referendum (election) commissioners at all levels so as to ensure the independence and impartiality of the commissions as well as broad public confidence in their work. The commissions should work in a manner excluding any perceptions of political affiliation or bias.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Referendum Administration
Kazakhstan
2022
RAM
Referendum
To ensure a level playing field, the legal framework should introduce requirements of balanced coverage of referendum options, guarantee access of referendum proposal’s supporters and opponents on equal grounds by state-funded media, as well as equal advertising access to privately owned media.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Coverage of the Referendum Campaign
Kazakhstan
2022
RAM
Referendum
The Central Referendum Commission should publish a full set of comprehensive referendum results disaggregated per polling station, district and region, in order to ensure transparency and provide a safeguard for the integrity of results. The Commission should publish such data on its website immediately after submission of polling station voting results protocols.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Referendum and Post-Referendum Developments
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