Review of the Legal Framework for Media Coverage of Elections in the Republic of Kazakhstan
This analysis provides comments on the extent to which the legal framework for media coverage of elections in Kazakhstan is in accordance with international law, standards and commitments. It also provides overview comments on the general issue of media independence. These comments are based on English translations of the following laws and regulations: • The Constitution of the Republic of Kazakhstan of 30 August 1995 (including 1998 amendments); • The Law of the Republic of Kazakhstan “On Elections in the Republic Of Kazakhstan”, No. 407-I of 28 June1999 (Election Law); • The Rules of Execution of Election Campaign and Provision of Broadcasting Time in Radio and Television Programmes, and on Publication of Propaganda Preelection Material in Periodical Press Publications of the State Mass Media to the Nominees to the Parliament and Maslikhats of the Republic of Kazakhstan of August 1999 (Election Media Rules); • The Law of the Republic of Kazakhstan “On Mass Media”, No. 451-I of 23 July 1999 (and 2001 amendments) (Mass Media Law); and • The Law of the Republic of Kazakhstan “On Administrative Procedures”, No. 107- II of 27 November 2000.
Review of the Presidential Decree for Pilot Local Elections in the Republic of Kazakhstan
This assessment reviews and comments on “Decree Number 633 of the President of the Republic of Kazakhstan On Elections of Akims of Aul (Rural) Districts, Auls (Villages), and Villages”. This assessment is based on an unofficial English
translation. This review has taken into consideration the “Law on Elections in the Republic of Kazakhstan”, as Articles 10, 55, and 63 of Presidential Decree Number 633 apply certain provisions of the Law on Elections. However, this assessment is not an assessment of the Law on Elections. This assessment considers the Law on Elections only to the extent that Presidential Decree Number 633 incorporates the Law on Elections.
Roundtable on Elections, Review of the Consolidated Table of Political Party Proposals in Kazakhstan in the Republic of Kazakhstan
This report compiles some of the proposals (over 100) put forth by the political parties for amending the election legislation of Kazakhstan. The document is based on the tabulation of all proposals carried out by the Central Election Commission (CEC). The compilation is neither exhaustive nor comprehensive since it does not include all proposals consolidated in the CEC table. Rather, the focus is on areas that enjoy a broad support among political parties. The aim is to review some issues identified by the parties as areas of concern in the current legislation. The format of the document deviates from the CEC table. However, articles of the election law to which amendments are proposed are indicated as well as the name of the party behind the proposals. In addition, the complete proposal in Russian is preceded by a short English summary of each party proposal presented in this report. This compilation does not replace and should be read in conjunction with the full length report prepared by the CEC on proposals presented by political parties and previous OSCE/ODIHR reports on elections.
Review of the Election Legislation for Election Disputes, Appeals and Penalties in the Republic of Kazakhstan
This report reviews key issues on the resolution of election disputes, appeals against election decisions and election offences and administrative violations under the law of Kazakhstan. It draws extensively on a detailed assessment prepared by Denis Petit, Legal Expert. The report also draws on other OSCE/ODIHR election reports on Kazakhstan, in particular the Review of the Legal Framework for the Parliamentary Elections (29 June 1999), supplemented by recommendations contained in the Needs Assessment Mission Report (25 August 1999), the Final Report on the October 1999 Parliamentary Elections (20 January 2000) and the Review of the Election Legislation for Parliamentary Elections (18 January 2001). The legal framework for the conduct of elections is provided by the Constitution, the Constitutional Law of 28 June 1999 on Elections in the Republic of Kazakhstan, provisions on election offences and violations contained in the Criminal Code and the new Administrative
Violations Code, regulations adopted by the Central Electoral Commission (CEC) and other acts. The principal source of election rules is the 1999 Law and chapter 11 of the new Administrative Violations Code.
Review of the Election Legislation for Parliamentary Elections of the Republic of Kazakhstan
The legal framework of elections in Kazakhstan has been the subject of consultations between the authorities of Kazakhstan and OSCE/ODIHR. In the course of these consultations, OSCE/ODIHR presented recommendations on the electoral law prior to the October 1999 parliamentary elections. Additional comments were contained in the needs assessment mission report (25 August 1999) and in the final report (20 January 2000). The authorities of Kazakhstan accepted to continue consultations on the election law, based on the OSCE/ODIHR recommendations. On 2 September 2000, during the first round table discussion on elections, the parties agreed on a timetable for further round tables in 2001. The following recommendations will focus on the issues to be discussed in January 2001, such as the independence and formation of election commissions, and election procedures, including the transparency of the vote count and tabulation procedures. The following comments on the legal framework of elections in Kazakhstan are based on the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” signed by the President on 28 June 1999. Some additional comments are provided on the instructions issued by the Central Election Commission (CEC) through the latter part of 1999.
Review of the Legal Framework Regulating Election Dispute Resolution Mechanisms in the Republic of Kazakhstan
The present report, which includes 47 recommendations on the Kazakhstani legal framework governing the election disputes resolution mechanisms, constitutes the first phase of the OSCE ODIHR International Election Standards Programme in Kazakhstan.