§ KZ Election Law Art. 113Holding extraordinary elections of deputies of maslikhats and elections of deputies instead of retired

Footnote. The heading of Article 113 as amended by Constitutional Law № 156-VII dated 05.11.2022 (shall come into effect from 01.01.2023).
Extraordinary elections of deputies of maslikhats and elections of deputies instead of retired ones shall be held in accordance with the rules established by this Constitutional Law for regular elections of deputies of maslikhats. Wherein, the timing of holding election events shall be determined by the relevant territorial election commission.
A year before the expiration of the constitutional term of the maslikhat, the election of a deputy instead of the retired one shall not be held.
Footnote. Article 113 as amended by the Constitutional Law of the Republic of Kazakhstan dated 29.06.2018 № 162-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Constitutional Law of the Republic of Kazakhstan. RoKdated 05.11.2022 № 156-VІI (shall come into effect from 01.01.2023).
Chapter 13-1. Akim elections
Footnote. The constitutional law is supplemented by chapter 13-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 24.05.2021 № 41-VII (shall be enforced ten calendar days after the day of its first official publication; as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 № 156-VІI (shall come into effect from 01.01.2023).
1. The grounds for calling elections shall be:
1) the end of the akim's term of office established by law;
2) early termination of the powers of the akim or formation, change of boundaries (accession, separation or separation) of administrative-territorial units in cases established by law.
When forming, or changing the boundaries (attaching, separating or separating) of an administrative-territorial unit, elections shall be called only in the newly created administrative-territorial unit.
2. Elections of the akim of the district, and city of regional significance shall be appointed by the relevant territorial election commission at least sixty days before the expiration of the term of the akim. Elections of the akim of the city of district significance, village, township, or rural district shall be appointed by the relevant territorial election commission at least fifty days before the expiration of the term of the akim.
Akim elections must be held at least ten days before the expiration of the term of his powers established by law, except for the cases specified in part one of paragraph 6 of Article 113-3 and Article 113-9 of this Constitutional Law.
3. Elections of the akim shall be appointed by the relevant territorial election commission within a month from the date of early termination of the powers of the akim or formation, change of boundaries (accession, separation or division) of the corresponding administrative-territorial unit and shall be held from the day of their appointment for the akim of the district, city of regional significance within fifty days, for the akim of the city of district significance, village, township, rural district - within forty days.
4. The announcement of the election day shall be published in the local mass media.
Article 113-2. Requirements for an akim
To be elected akim, a citizen of the Republic of Kazakhstan must meet the requirements provided for by this Constitutional Law, Article 36-2 of the Law of the Republic of Kazakhstan "On Local Government and Self-Government in the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan in the field of public service.
Compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of civil service shall be established by the authorized body for civil service affairs based on documents submitted by the relevant territorial election commission.
To check compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of civil service, a candidate for akims shall submit to the relevant territorial election commission the necessary documents, the list of which is established by the authorized body for civil service affairs together with the Central Election Commission.
Article 113-3. Nomination of a candidate for akims
1. The nomination of a candidate for akims shall be carried out by political parties registered in the established manner, from among their members, by citizens in the order of self-nomination by submitting to the territorial election commission of the relevant constituency an application on the intention to run as a candidate for akims, as well as a higher akim, if on the day of the completion nomination period, less than two candidates are nominated.
A political party may nominate only one candidate in one constituency.
2. The decision of the supreme governing body of the relevant branch (representative office) of a political party on the nomination of a candidate for akims shall be drawn up as an extract from the protocol.
3. Decision of the supreme governing body of the relevant branch (representative office) of a political party shall be:
1) brought to the attention of the nominated candidate;
2) together with the candidate's statement of consent to run, sent to the relevant territorial election commission simultaneously with an extract from the protocol on nominating a candidate for akims.
4. No one may be nominated as a candidate in more than one constituency.
5. The nomination of candidates shall begin on the day following the day of calling the elections, and end at eighteen o'clock local time thirty days before the election day of akims of districts, cities of regional significance and twenty-five days before the election of akims of cities of district significance, villages, settlements, rural districts, unless otherwise established when calling elections.
akims shall be nominated by the end of the term for nomination, then the relevant territorial election commission shall extend the term for nominating candidates by no more than three days.
In this case, the higher akim, in the absence of nominated candidates or the nomination of one candidate on the day of the expiration of the nomination period, shall have the right to nominate two or one candidates, respectively.
Article 113-4. Collection of signatures in support of a candidate for akims
1. A candidate for akims, in the case of his/her self-nomination, must be supported by at least one percent of the votes of the total number of voters of the relevant constituency who have the right to vote.
2. The support of voters shall be certified by the collection of their signatures.
3. The collection of signatures in support of a candidate shall be organized by proxies and executed with signature sheets issued by the relevant territorial election commission, no later than three days after the verification of the candidate for compliance with the requirements provided for by this Constitutional Law, Article 36-2 of the Law of the Republic of Kazakhstan "On Local Government and Self-government in the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan in the field of civil service.
4. Signature lists must be submitted to the relevant territorial election commission no later than three days before the end of the registration period.
5. Each signature sheet must have a serial number and include the last name, first name, patronymic (if it is indicated in the identity document) of the candidate and the person collecting signatures, the personal signature of the candidate, as well as columns containing the following information about those who put their signatures, voters:
1) last name, first name and patronymic (if it is indicated in the identity document);
2) number and series of the identity document;
3) date, month and year of birth;
4) address of the place of residence;
5) personal signature.
6. When collecting signatures, the person collecting signatures must present a copy of the certificate of registration of the candidate's authorized representative, whose personal signature is on the corresponding signature sheet.
7. A sample signature sheet shall be approved by the Central Election Commission.
8. The completed signature sheets shall be submitted to the relevant territorial election commission, which, within three days, shall check the authenticity of the collected signatures with the involvement of employees of the authorized body for documenting and issuing passports and identity cards and draw up the appropriate protocol.
9. Checking the authenticity of signatures shall be carried out until the establishment of reliable signatures in the amount required by the candidate for akims in accordance with paragraph 1 of this Article.
Article 113-5. Registration of candidates for akims
1. Registration of candidates shall be carried out by the relevant territorial election commission.
2. A candidate, except for a candidate nominated by a political party, shall pay an election fee from his funds to the account of local executive bodies:
for candidates for akims of a district (city of regional significance) - in five times the minimum wage established by the law on the republican budget for the corresponding financial year and effective as of January 1 of the corresponding financial year;
for candidates for akims of a city of district significance, a village, a township, a rural district - in a one-time minimum wage established by the law on the republican budget for the corresponding financial year and effective as of January 1 of the corresponding financial year.
The political party that nominated a candidate shall pay from its funds to the account of local executive bodies an electoral fee for each nominated candidate:
for candidates for akims of a district (city of regional significance) - in five times the minimum wage established by the law on the republican budget for the corresponding financial year and effective as of January 1 of the corresponding financial year;
for candidates for akims of a city of district significance, a village, a township, a rural district - in a one-time minimum wage established by the law on the republican budget for the corresponding financial year and effective as of January 1 of the corresponding financial year.
The contribution made shall be returned to the candidate or political party in cases where, following the results of the elections, the candidate shall be elected akim or, following the results of the voting, the candidate receives at least five percent of the votes of the voters who took part in the voting, as well as in the event of the death of the candidate. In all other cases, the contribution made is non-refundable and shall be transferred to the income of the local budget.
3. Before registration, the candidate and his (her) wife (husband) shall submit declarations of assets and liabilities to the state revenue authorities at the place of residence on the first day of the month of the start of the nomination period in the manner and form established by the authorized state body in charge of securing revenues taxes and other obligatory payments to the budget.
The reliability of information about the assets and liabilities declared by the candidate and his (her) wife (husband) shall be checked by the state revenue authorities within five days from the date of registration of the candidate.
Wherein, organizations that have received the requirements of state revenue authorities to provide information about the assets and liabilities of the candidate and his (her) wife (husband) shall be required to provide the requested information within three days from the date of receipt of the request.
4. From the moment of receipt of documents for registration, the relevant territorial election commission shall send the candidate's documents to the national security bodies of the Republic of Kazakhstan for a special check.
The results of a special check shall be submitted by the national security bodies of the Republic of Kazakhstan to the district (city) election commission within thirty days from the date of receipt of documents from the district (city) election commission.
Wherein, organizations that have received the requirements of the national security bodies of the Republic of Kazakhstan to provide information during a special audit shall be required to provide the requested information within three days from the date of receipt of the request.
5. Registration of a candidate nominated by a political party shall be carried out if the following documents are available:
1) extracts from the minutes of the meeting of the supreme governing body of the relevant branch (representative office) of the political party on nominating a candidate with a copy of the document on state registration of this political party;
2) statements of a citizen about his/her consent to run as a candidate for akims;
3) biographical information about the candidate;
4) certificates of the state revenue authority on the submission by the candidate and his (her) wife (husband) of declarations of assets and liabilities;
5) a document certifying the payment of an electoral contribution by a political party;
6) a document confirming the membership of a person in a political party;
7) documents required for conducting a special check of citizens entering the civil service of the Republic of Kazakhstan.
6. Registration of a candidate in case of his/her self-nomination shall be carried out in the presence of the following documents:
1) statements of a citizen about his/her intention to run as a candidate for akims;
2) the protocol of the respective territorial election commission on the results of verification of signatures of voters of the respective administrative-territorial unit in support of the candidate;
3) biographical information about the candidate;
4) certificates of the state revenue authority on the submission by the candidate and his (her) wife (husband) of declarations of assets and liabilities;
5) a