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Location: Kazakhstan
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Kazakhstan
2015
Early election
EOM
Presidential
Efforts should be made to ensure that voters are able to cast their vote “free of fear of retribution”. Senior public officials could make clear statements that no pressure on public employees will be tolerated and that no citizen should fear for their employment or social benefits as a result of supporting or not supporting any political party or candidate.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The Election Law should be amended to allow voters to directly appeal the election results in their constituency and all electoral contenders to appeal the final results with the Constitutional Council.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
To ensure access to an effective remedy for all participants in the process, the Election Law should require that all matters of a dispute nature be treated as a complaint and explicitly set out procedures for the consideration of complaints and require that all disputes be reviewed in a collegial manner and that decisions be written, reasoned and made public.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2015
Early election
EOM
Presidential
To provide legal certainty, the legal framework should be amended to eliminate dual jurisdiction and simplify the election-related complaints and appeals process by establishing a singular, hierarchical process. All relevant complaints and appeals provisions in various laws should be consolidated or clearly and comprehensively referenced in the Election Law.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Kazakhstan
2015
Early election
EOM
Presidential
The Election Law should be amended to allow voters to directly appeal the election results in their constituency and all electoral contenders to appeal the final results with the Constitutional Council.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The restriction of suffrage rights of citizens serving prison terms regardless of the severity of the crime committed should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense. Disenfranchisement of persons with mental disabilities should not be based on the blanket restriction but rather on a case-by-case consideration by the court, depending on specific circumstances.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Kazakhstan
2015
Early election
EOM
Presidential
The authorities should develop safeguards to ensure a clear separation between the state and party, so as to prevent candidates from unduly using the advantage of their office for electoral purposes. It is recommended that party and campaign offices are not co-located in buildings with state institutions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The Law on Peaceful Assemblies should be amended to require a simple notification procedure, with appropriate exceptions for spontaneous assemblies, instead of the current authorization requirement.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Campaign
Kazakhstan
2015
Early election
EOM
Presidential
In line with previous OSCE/ODIHR recommendations, the CEC should ensure a centralized cross-checking mechanism to ensure that each voter is registered at only one polling station before and on election day. Uniform procedures for compiling data for voter registration need to be detailed and consistently implemented. In particular, it is important to incorporate mechanisms that ensure that voters registered at special polling stations are excluded from the voter lists of the polling stations of their residence.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Kazakhstan
2015
Early election
EOM
Presidential
Criminal defamation provisions should be repealed in favour of civil sanctions designed to restore the reputation harmed, rather than compensate the plaintiff or punish the defendant. Sanctions should be strictly proportionate to the harm caused and the use of non-pecuniary remedies should be prioritized.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
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