Bicameral parliament

Senate (upper house of parliament): Of 39 seats, seven are appointed by the president, two are selected from each of Kazakhstan's 14 oblasts/provinces, two from the capital Astana, and two from the former capital Almaty. Its term is six years.

According to Article 51, Paragraph 4 of the constitution, to be eligible for a seat in the Senate, "a deputy of the Senate may be a citizen of the Republic of Kazakhstan who has been a citizen of the republic for not less than five years and who has reached 30 years of age, has a higher education, and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective oblast, major city, or the capital of the Republic."

On 21 June 1999, the Kazakh parliament approves amendments to the election law reducing fees for presidential and parliamentary candidates.

Mazhilis (lower house of parliament): Of 77 seats, 10 are selected from party lists. Its term is five years.

To run for a seat in Mazhilis a person must meet the following requirements.

According to Article 51, Paragraph 4 of the constitution, "a deputy of the Mazhilis may be a citizen of the Republic of Kazakhstan who has reached 25 years of age." According to the Election Law, every candidate must pay a fee of 25 times the average minimum wage, political parties must pay a fee of 50 times the average minimum wage for each candidate included on the party list. Candidates must further meet the conditions specified in Chapter 12, Article 89 of the Election Law.

From the 1995 constitution on voting and elections:

Article 3
1. The people shall be the only source of state power

2. The people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions.

Article 32
Citizens of the Republic of Kazakhstan shall have the right to assemble peacefully without arms, hold meetings, rallies and demonstrations, street processions, and pickets. The use of this right may be restricted by law in the interests of state security, public order, protection of health, rights and freedoms of other persons.

Article 33
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state's affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.

2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum.

3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to the citizens judged incapable by a court as well as those held in places of confinement on a court's sentence.

4. Citizens of the Republic shall have the equal right to serve in a public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.

From the 1995 constitution on parliament:

Section IV
PARLIAMENT
Article 50
1. Parliament shall consist of two chambers acting on a permanent basis: the Senate and the Mazhilis.

2. The Senate shall be composed of deputies elected in pairs from each oblast, major city, and the capital of the Republic of Kazakhstan, at a joint session of the deputies of all representative bodies of the respective oblast, major city, and the capital of the republic. Seven deputies of the Senate shall be appointed by the president of the republic for the term of the Senate.

3. The Mazhilis shall consist of 77 deputies. Sixty-seven deputies shall be elected in constituencies having one mandate and formed according to the administrative-territorial division of the republic with an approximately equal number of constituents. Ten deputies shall be elected on the basis of the party lists according to the system of proportional representation and in the territory of a unified national constituency.

4. A deputy of parliament may not be a member of both chambers simultaneously.

5. Terms for Senate deputies shall be six years; terms for Mazhilis deputies shall be five years.

From the 1995 constitution on parliamentary elections and vote tabulation:

Article 51
1. Elections of the deputies of the Mazhilis shall be carried out on the basis of the universal, equal, and direct right under secret ballot. Regular elections of the deputies of the Mazhilis shall be held no later than two months before the termination of the powers of current parliament.

2. The elections of the deputies of the Senate shall be carried out on the basis of indirect electoral right under secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the end of their term in office.

3. Extraordinary elections of the deputies of parliament shall be held within two months from the moment of premature termination of parliament's powers.

4. A deputy of the Senate may be a citizen of the Republic of Kazakhstan who has been a citizen of the republic for not less than five years and who has reached 30 years of age, has a higher education, and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective oblast, major city, or the capital of the republic. A deputy of the Mazhilis may be a citizen of the Republic of Kazakhstan who has reached 25 years of age.

5. A candidate shall be deemed elected if he receives more than 50 percent of the votes of constituents or electors who took part in the voting in a constituency having one mandate, at the joint session of deputies of all the representative bodies correspondingly of the oblasts, the city of republican significance and the capital of the republic. If none of the candidates receives the aforementioned number of votes, a second round of voting shall be held between the two candidates who obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents or electors who took part in voting shall be deemed elected. Only those political parties which received not less than 7 percent of votes of constituents who took part in the elections, shall be admitted to distribution of deputy mandates in accordance with the results of elections to the Mazhilis on the basis of party lists. Elections to the Senate shall be deemed valid in case more than 50 percent of electors took part in the voting. Procedure of elections of the deputies of the parliament of the republic shall be determined by constitutional law.

From the 1995 Election Law on elections to the Mazhilis (lower house of parliament):

Chapter XII: Elections of deputies of the Mazhilis of the parliament of the republic
Article 86. Requirements of candidates running for election as deputies of the Mazhilis
To be eligible for a deputy of the Mazhilis, a citizen shall meet the requirements set forth in Paragraph 4 of Article 51 of the constitution as well as enjoy the active suffrage in accordance with Paragraph 2 of Article 33 of the constitution and the present Constitutional Law.

Article 87. Nomination of candidates for election as deputies of the Mazhilis
1. 1. The right to nominate candidates for election as deputies of the Mazhilis belongs to republican and local public associations registered according to the established procedure, as well as to citizens by self-nomination. The right of insertion on the party lists of candidates to be elected on the territory of a common national electoral district belongs to political parties.

2. Nomination of candidates for election as deputies of the Mazhilis by republican and local public associations is carried out by their highest bodies with indication of the election district in which every candidate will run. A public association has the right to nominate candidates for election as deputies persons who are not members of that public association. A public association may nominate in every election district only one candidate for election as a deputy of the Mazhilis. A resolution to nominate a candidate for election as a deputy of the Mazhilis is passed by the majority of votes from the total number of the members of the highest body of a public association and is documented by an excerpt from the minutes.

Inclusion on the party lists of the nominees to be elected deputies of the Mazhilis on the territory of a common national electoral district shall be effected by the supreme organ of a political party. Political parties have the right to include on the party lists the nominees, who are not members of this political party. The nominee included on the party list for election as deputy of the Mazhilis on the territory of the common national electoral district is not entitled to be proposed as candidate by territorial election districts.

2-1. Political parties define on their own the order of placing candidates on the party list. A representative of the political party together with a transcript shall submit the party list to the Central Election Committee from the minutes of the supreme organ of the political party on proposing a party list. The authorities of the representative shall be confirmed by respective documents.

3. A resolution of the highest body of a public association within three days:
1) is to be brought to the notice of the nominated candidate;

2) together with the candidate's application about his or her consent to run in the elections, is sent to the district election commission.

4. Self-nomination of candidates running for election as deputies of the Mazhilis is carried out by citizens submitting to the corresponding district election commission a statement about his or her intention to run as a candidate for election as a deputy of the Mazhilis in the given electoral district.

5. The district election commission within three days determines the candidate's conformity with the requirements of the constitution and the present Constitutional Law.

6. Nobody may be nominated as a candidate in more than one district and by one party list.

7. Nomination of candidates for election as deputies of the Mazhilis begins 60 days and terminates 40 days before the elections.

8. If not a single candidate is nominated in a district or all nominated candidates before their registration recall their candidatures or withdraw, the Central Election Commission...prolongs the term for nomination of candidates for not more than 20 days.

Article 88. Election Fee
Every candidate...shall pay from his own funds an electoral fee as a deposit to the account of the Central Election Committee the amount of 25 times the minimum salary set out by the legislation. The contributed fee shall be returned to a candidate if in accordance with the election results he was elected as deputy to the Mazhilis of the parliament or received not less than 7 percent of votes from the participated voters. In all other cases the contributed fee shall not be subject to return but shall be deposited into the republican budget. Political parties who have put forward party lists by the territory of the common national election district after verification of the included nominees for meeting the requirements set out by the constitution and the Constitutional Law shall pay from the funds of political parties an electoral fee to the account of the Central Election Committee the amount of 50 times the minimum salary set out by the legislation per every person included on the party list. The contributed fee shall be returned to a political party if in accordance with the election results the political party received not less than 7 percent of votes from the participated voters. In all other cases the contributed fee shall not be subject to return but shall be deposited into the republican budget.

Article 89. Registration of candidates running for election as deputies of the Mazhilis
1. Registration of candidates for election as deputies is performed by district election commissions. Registration of the party lists submitted by political parties shall be effected by the Central Election Commission.

2. Registration of a candidate nominated by a public association is carried out provided that the following documents are available:

1) an excerpt from the minutes of a meeting of the highest body of a public association for nomination of a candidate in the corresponding election district with an attached copy of a document about registration of the given public association correspondingly in the Justice Ministry, in the oblast, city (the city of republican significance and the capital of the republic), Justice Department;

2) a statement of a citizen about his or her consent to run for election as a deputy in the given electoral district from the public association that nominated him (her);

3) biographical data of the candidate;

3-1) a medical certificate concerning psychological state of health;

4) a document confirming payment of an election fee by the candidate.

3. Registration of a candidate in the case of his (her) self-nomination is carried out provided that the following documents are available:

1) a statement of a citizen about his (her) intention to run for election as a deputy in the given election district;

2) biographical data of the candidate;

2-1) a medical certificate of psychological state of health;

3) a document confirming payment of an election fee by the candidate.

4. Any number of candidates for election as deputies of the Mazhilis may be submitted for registration.

5. A district election commission draws up a protocol about registration of candidates running for election as deputies of the Mazhilis which is presented to the Central Election Commission and the corresponding territorial election commission within a five-day term.

6. A district election commission:

1) not later than on the seventh day after registration of candidates publishes in local mass media information about the registration with indication of the surname, first name, patronymic, year of birth, position (occupation), places of work, and residence of every candidate, as well as at the discretion of a candidate information about his or her affiliation with a public association or national origin;

2) issues candidates appropriate certificates at registration;

3) refuses registration or annuls a decision of registration of a candidate in cases of violation of the requirements of the constitution and the present Constitutional Law as well as in other cases established by the present Constitutional Law.

7. Registration of the party lists by the territory of the common national electoral district shall be effected if the following documents are available:

1) transcript from the minutes of the supreme organ of the political party about nominating a party list, attaching a copy of the document on the registration of the political party with the Justice Ministry of the republic;

2) application of the citizen on his consent to be included on the party list;

3) background of every nominee included on the party list;

4) medical certificate on the status of mental health of every nominee included on the party list;

5) a document confirming payment of an electoral fee by the political party. A nominee by the party list shall not be registered as candidate in cases:

1) the nominee was made answerable for disciplinary responsibility for infringement of the corruption law within one year prior to the registration;

2) the nominee was subject in legal form to administrative punishment for a premeditated infringement of the law within one year prior to the registration the nominee has a criminal record, which prior to the registration is not canceled or removed in the order established by the law.

8. Only one list from one political party with any number of the nominees included on it is admitted for the registration;

9. Central Election Committee:

1) not later than on the 10th day after registration of the party lists shall publish in the mass media a notification about the registration with indication of the name of the political party, number of the nominees included on the party list as well as the family names, names and patronymics, date of birth, position (occupation), place of work, and residence of every nominee included on the party list;

2) at registration issues relevant certificates to the nominees included on the party list;

3) refuses to register or cancels resolution on the registration of the party list or a concrete nominee included on the party list if infringements of the constitution or requirements of this constitutional law were found out.

10. Refusal of the registration or canceling the resolution on the registration can be appealed within seven days in the Central Election Committee or in the court. The Central Election Committee or court shall decide on the complaint within seven days since the complaint was lodged;

11. Registration of the candidates and party lists shall commence two months prior and finish one month prior to the elections, if otherwise not stipulated at fixing the elections.

Article 92. The election fund of a candidate running for election as a deputy of the Mazhilis
The election fund of a candidate is formed out of:

1) a candidate's own resources total sum of which shall not exceed the minimum wage established by the legislation more than two hundred times;

'Paragraphs 2 and 3 of Article 89 are given in a wording of the Constitutional Law of the Republic of Kazakhstan of 8 May 1998 N" 222-1 of LRK.

2) funds allotted to a candidate by the republican public association that nominated his (her) total sum of which shall not exceed the minimum wage established by the legislation more than five hundred times;

3) voluntary donations of citizens and organizations of the Republic total sum of which shall not exceed the minimum wage established by the legislation more than one thousand times.

Article 92-1. The amount of the electoral fund of a political party.

1. Candidates standing for the party lists, put forward by political parties shall not have the right to set up their own electoral funds.

2. Electoral fund of a political party shall be formed by:

1) own funds of a political party, total amount of which shall not exceed the amount of the minimum salary more than five thousand times as set by the legislation;

2) voluntary contributions of citizens and organizations of the republic, total amount of which shall not exceed the amount of the minimum salary more than ten thousand times as set by the legislation."

Article 94. Counting of votes in elections of deputies of the Mazhilis
1. The district election commission according to the results of the voting draws up a protocol of voting which is immediately sent to the district election commission within two days after voting. The results of the voting by the party lists shall be immediately sent to the respective territorial electoral committee.

2. The results of elections of a deputy of the Mazhilis are determined at a meeting of the district election commission on the basis of the protocols of precinct election commissions. A protocol on the results of elections of a deputy of the Mazhilis is drawn up and signed by the chairperson and members of the district election commission, and sent to the Central Election Commission within two days after the day of elections. Results of the elections by the party lists shall be set at the meeting of the Central Election Commission on the grounds of the minutes of the respective territorial electoral committees. Minutes shall be put together about the results of the elections.

3. Other issues connected with determination of the results of vote counting and results of elections are resolved in accordance with the rules set forth in the General Part of this Constitutional Law.

Article 95. Second-round of voting in elections of deputies of the Mazhilis
1. If more than two candidates for election as deputies of the Mazhilis were included into the ballot paper and none of them was elected, the district election commission calls second-round voting for the two candidates who obtained the largest number of votes. If one candidate is left as a result of withdrawal of other candidates, second-round voting is held on his or her candidature.

2. Second-round voting is to be held not later than in a two-month term with observation of the requirements of the Constitutional Law. Conduct of second-round voting is to be announced in mass media.

Article 96. Runoff elections of deputies of the Mazhilis
1. If elections were invalid, or there was one candidate or two candidates, he (they) was (were) not elected, the Central Election Commission passes a decision to have a runoff election. Voting is conducted in the same election precincts and with the voters' lists that were drawn up for the primary elections.

2. Runoff elections are to be held not later than two months after the primary elections or within the term set by the Central Election Commission upon submission of corresponding district election commission. Electoral arrangements, implementation of which are envisaged in runoff elections, are carried out in accordance with the rules established by the present Constitutional Law. The Central Election Commission may set reduced terms for conduct of electoral arrangements.

3. Information about the conduct of runoff elections is announced in mass media.

4. Candidates for election as deputies of the Mazhilis that already ran in the (primary) elections should not take part in runoff elections.

5. Also political parties which overcome three percent threshold and participated in the previous elections may participate in run-off elections.

Article 97. Determination and promulgation of the results of elections of deputies of the Mazhilis
1. The results of elections of deputies of the Mazhilis, as a whole, in the republic are determined by the Central Election Commission not later than within a seven-day term after election day.

2. A candidate is deemed elected in the elections of a deputy of the Mazhilis, who:

1) has obtained more than 50 percent of votes of the constituents that took part in voting;

2) has obtained in the second-round voting a larger number of votes of the constituents that took part in the voting as compared with the other candidate;

3) being a single candidate, has obtained in second-round elections more than 50 percent of the votes of the constituents that took part in voting.

3. Other issues connected with determination and promulgation of the results of elections are resolved in accordance with the rules set forth in the General Part of this Constitutional Law.

A full version of the Kazakh Constitution is available at http://www.ifescentralasia.kg/Kazakhstan/ENG/conste_kaz.html

A full version of the Kazakh Election Law is available at http://www.ifescentralasia.kg/Kazakhstan/ENG/conste_kaz.html