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Location: Kazakhstan
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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
As a confidence building measure, the transparency of the dispute resolution process should be enhanced through the timely publication of information on complaints received by election commissions at all levels, their nature and resolution.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
Restrictions in the legislation related to constitutionally guaranteed fundamental rights and freedoms should be lifted. Excessively wide formulations of such restrictions in the law should be avoided to ensure legal certainty and prevent arbitrary implementation of the law. Any limitation of rights should be result of a judicial process and proportional to the aim it seeks.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2019
Early election
EOM
Presidential
To enhance independence and impartiality of the election administration, the Election Law should be amended to guarantee an inclusive and broad representation of political parties in election commissions at all levels. The principle that one political party has one member in a commission should be adhered to, and the distribution of leadership positions in the PECs and TECs should be reconsidered.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Kazakhstan
2019
Early election
EOM
Presidential
To safeguard the integrity of the voter register, election day registration should not be permitted at polling stations. To prevent multiple voting, voters registered in special polling stations should be excluded from the voter lists of the polling stations of their residence, and issuance of Absentee Voting Certificates should be conditional and subject to a post-election audit.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Kazakhstan
2019
Early election
EOM
Presidential
Consideration should be given to removing the residency, language and professional experience requirements for candidate eligibility and ensuring that any restrictions on the right to stand for those with criminal convictions are proportionate to the severity of the offence.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Kazakhstan
2019
Early election
EOM
Presidential
The Law on Peaceful Assemblies should be amended to require a simple notification procedure for holding a public gathering, instead of the current authorization requirement.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Kazakhstan
2019
Early election
EOM
Presidential
The authorities should develop safeguards to ensure a clear separation between state and party and ensure that election campaigning is conducted in an atmosphere free from intimidation and fear of retribution. The authorities and political parties should refrain from coercing public-sector employees, students and others to attend campaign events.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Kazakhstan
2019
Early election
EOM
Presidential
Criminal defamation, insult and spreading of false information 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:
8
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2019
Early election
EOM
Presidential
The Election Law should be amended to allow all electoral contenders and voters to directly appeal the results before a court. The law shall establish clear conditions for invalidation of election results.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
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