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Location: Kazakhstan
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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
Authorities should consider further efforts to enable a fully genuine pluralistic and competitive political environment in conformity with Paragraphs 3 and 7.6 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The electoral legal framework as well as corresponding legal provisions related to freedom of association, peaceful assembly and expression should be further reviewed to ensure compliance with international human rights obligations and standards for democratic elections. State bodies and the election administration should implement the laws in a manner that ensures the effective exercise of fundamental freedoms.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The system of appointment and dismissal of election commissioners should ensure their effective independence from the state institutions, local bodies and political parties.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To promote genuine political pluralism, authorities should ensure the right of individuals and groups to establish, without undue restrictions, new political parties. The procedural registration rules in the Law on Political Parties must provide for the effective exercise of freedom of association. Registration authorities must refrain from applying legal provisions in a manner that diminishes the transparency and objectivity of the registration processes and provide for the effective possibility to rectify omissions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Party and Candidate Registration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To comply fully with international standards, the Law on Peaceful Assemblies should be revised and implemented to ensure a meaningful exercise of the right to peaceful assemblies, including those of a political nature and during elections. The notification mechanism for holding public events should be further revised to better facilitate peaceful assemblies, with denial being an exceptional measure.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The media legal framework should be reviewed to guarantee and support freedom of expression in line with international standards. The criminal prosecution for libel and dissemination of knowingly false information, as well as laws that provide special protection of the honour of public officials should be fully repealed.
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 evaluated
Final report heading:
Media
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