Political Finance Database

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

IX. CAMPAIGN FINANCE

The Election Law guarantees equal public campaign funds for each candidate. Private financing is also permitted including from the candidate’s own funds, donations made by citizens and legal entities, and funds allocated by the candidate’s nominating body. As self-nominated candidates are not entitled to the latter source of funding, the maximum amount of financing a candidate can receive, and subsequently spend, differs for party and self-nominated candidates.This challenges paragraph 7.5 of 1990 OSCE Copenhagen Document, which provides equal rights for independent and party candidates. Other sources, including anonymous and foreign donations are prohibited. Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 27.

5. Taking advantages of the official status by the candidates, who are officials of the state bodies, shall be forbidden.
Under the use of advantages of the positional or official status, this Constitutional Law shall consider the following:
      1) involvement of persons, who are subordinated or dependent on candidate, to the conduct of a pre-election campaign, except the cases when the above-mentioned persons conduct campaigning as proxies of a candidate;
      2) using the premises occupied by the state bodies to promote the election of a candidate or a political party that nominated a party list, if other candidates, political parties are not guaranteed by the use of these premises on the same conditions.
      Compliance with the restrictions stipulated by this clause must not create obstacles for implementation by the officials of their duties.
[…]
7. Mass media shall be obliged to exercise unbiased interpretation of the electoral campaign of candidates, political parties; to abstain from publications of campaign materials and other information, obviously discrediting the honor, dignity and professional reputation of the candidate or the political party; to grant for the indicated persons a possibility for a free of charge publication of denial in protection of honor, dignity and professional reputation in the nearest publication of the printing on the same page, in the same volume and in the same font or broadcasting on television or radio at the same time within twenty four hours after reception of the appeal.
      Mass media shall be obliged to disseminate information about events on the nomination of all candidates and party lists, registration by election commissions in equal volumes of the printed page, time for broadcasting.

Article 28.

[…]

 3. The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
      The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
      Mass media shall provide time for broadcasting and the space to print for the registered candidates and political parties that have nominated their party lists on a contractual basis. The terms and conditions of the contract for the provision of broadcasting and the printed space in mass media to the candidates and political parties that have nominated the party lists should not create advantages in favor of a certain candidate and a political party. The data about the size of payment, conditions and order of granting of on-air broadcasting time and the printed area shall be declared and published by the corresponding organization of the TV-radio broadcasting, the editorial staff of the periodic press not later than on the tenth day after an official publication of the decision on appointment an election. The named information needs to be presented to the Central and oblast (regional) election commissions during Elections of the President of the Republic of Kazakhstan, to other territorial as well as region election commissions during election of deputies of the Parliament, Maslikhats and members of other local self-government bodies.
      The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has nominated its party list shall be considered as consent to allocate time for on-air broadcasting and a printed area to other candidates or political parties that have nominated their party lists.
      The sequence of appearance of candidates and the political parties which have nominated their party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.
      It shall be prohibited to interrupt and comment on speeches of the candidates on television and radio immediately after the speech as well as in press in the same issue.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 92-1.

1. The candidates standing for elections under party lists nominated by the political Parties have no right to form their own election funds.

2. The election fund of the political party is formed of:

1) The political party's own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than five thousand times;

2) Voluntary donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the size of the minimum wages established by the legislation for more than ten thousand times. 

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 58: The size of the election fund of the candidate for the Presidential Elections

The election fund of the candidate shall be formed of:

1) candidate's own funds, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than five thousand times;

2) funds allocated to a candidate by the republican public association which has nominated this candidate, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than seven thousand times;

3) voluntary donations of citizens and organizations of the Republic, the total amount of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.

Article75: The size of the election fund of the candidate to the Senate

The election fund of the candidate (to the Senate deputies) shall be formed of:

1) own funds of the candidate, the total sum of which should not exceed the established size of the minimum wages for more than two hundred times by the legislation of the Republic of Kazakhstan;

2) donations of citizens and organizations of the Republic of Kazakhstan, the total sum of which should not exceed the established size of the minimum wages for more than five hundred times by the legislation of the Republic of Kazakhstan.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 58: The size of the election fund of the candidate for the Presidential Elections

The election fund of the candidate shall be formed of:

1) candidate's own funds, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than five thousand times;

2) funds allocated to a candidate by the republican public association which has nominated this candidate, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than seven thousand times;

3) voluntary donations of citizens and organizations of the Republic, the total amount of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.

Article75: The size of the election fund of the candidate to the Senate

The election fund of the candidate (to the Senate deputies) shall be formed of:

1) own funds of the candidate, the total sum of which should not exceed the established size of the minimum wages for more than two hundred times by the legislation of the Republic of Kazakhstan;

2) donations of citizens and organizations of the Republic of Kazakhstan, the total sum of which should not exceed the established size of the minimum wages for more than five hundred times by the legislation of the Republic of Kazakhstan.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 34

 […]

6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of spending the money from the election funds and the corresponding financial institution shall be determined by the Central Election Commission.

[…]

 9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 18-1.

1. Budget funds are annually allocated to political parties represented in the Mazhilis of the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections.

2. The size of the budget allocated for the financing of the activity of political parties is determined by the law on the republican budget.

3. The procedure for financing political parties is determined by the Central Election Commission of the Republic of Kazakhstan. 

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 18-1.

1. Budget funds are annually allocated to political parties represented in the Mazhilis of the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections.

[…]

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107accessed January 2018).

Article 18-1.

1. Budget funds are annually allocated to political parties represented in the Mazhilis of the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections.

2. The size of the budget allocated for the financing of the activity of political parties is determined by the law on the republican budget.

3. The procedure for financing political parties is determined by the Central Election Commission of the Republic of Kazakhstan. 

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 18-1.

1. Budget funds are annually allocated to political parties represented in the Mazhilis of the Parliament of the Republic of Kazakhstan on the basis of the results of the last elections.

2. The size of the budget allocated for the financing of the activity of political parties is determined by the law on the republican budget.

3. The procedure for financing political parties is determined by the Central Election Commission of the Republic of Kazakhstan. 

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 28.

[…]

 3. The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
 The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
 Mass media shall provide time for broadcasting and the space to print for the registered candidates and political parties that have nominated their party lists on a contractual basis. The terms and conditions of the contract for the provision of broadcasting and the printed space in mass media to the candidates and political parties that have nominated the party lists should not create advantages in favor of a certain candidate and a political party. The data about the size of payment, conditions and order of granting of on-air broadcasting time and the printed area shall be declared and published by the corresponding organization of the TV-radio broadcasting, the editorial staff of the periodic press not later than on the tenth day after an official publication of the decision on appointment an election. The named information needs to be presented to the Central and oblast (regional) election commissions during Elections of the President of the Republic of Kazakhstan, to other territorial as well as region election commissions during election of deputies of the Parliament, Maslikhats and members of other local self-government bodies.
The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has nominated its party list shall be considered as consent to allocate time for on-air broadcasting and a printed area to other candidates or political parties that have nominated their party lists.
 The sequence of appearance of candidates and the political parties which have nominated their party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.
It shall be prohibited to interrupt and comment on speeches of the candidates on television and radio immediately after the speech as well as in press in the same issue.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

I. EXECUTIVE SUMMARY

[…]

While the campaign was low-key, candidates were generally able to campaign freely. State-funded media made efforts to meet requirements for equal access, but analysis and political debate were largely absent, and the blurring of the distinction with the State benefited the ruling party.

[…]

Positively, state-funded media showed a noticeable effort to meet formal time and space requirements to provide contestants with equal access. However, one contesting party was discernibly disadvantaged in terms of coverage of its platform and leaders.

X. MEDIA

B. LEGAL FRAMEWORK

The Election Law obliges media to present objective campaign coverage and guarantees political parties equal access. Before the official start of the campaign, the CEC issued two sets of guidelines on how to interpret various provisions of the Election Law, one of which was partly and another entirely devoted to the campaign in the media. In addition, the CEC declared that its 2007 regulation on rules of election campaign coverage in the media remains valid. Based on the latter, the CEC reiterated that any contestant-related campaign information outside of daily news reports and their weekly summaries was to be paid for from the party’s campaign fund. With a view to safeguard editorial independence, the legal framework could be revised to allow broadcasters to decide on the format and conditions of election-related programming and to achieve a better balance between the contestant-related information that is to be paid from the campaign fund and a comprehensive and meaningful election media reporting.

The law provides the opportunity for paid advertising without any limitation, apart from those imposed by the overall campaign expenditure limit. While there is no free airtime or space provided to contestants, the law obliges the CEC to organize free of charge debates for parties that put forward their party lists. The obligation to organize pre-election debates could be placed on state-funded channels instead of the CEC. The legal framework should be amended to guarantee contestants additional free of charge coverage by the state-funded media to ensure a more level playing field and more substantial voter information.

The CEC was responsible for overseeing media compliance and performed this task in co-operation with the Media Committee. Its analytical department monitored the quantitative coverage of contesting parties across traditional media outlets (47 television channels, 12 radio stations and 237 newspapers and magazines) and numerous online sources (162 political and social websites). The monitoring did not carry out analysis of the content or the tone of the coverage. As publicly reported by the CEC prior to election day, no serious media violations were found. However, there was no report issued for the last week of the campaign, nor was there a final, summarizing report.

C. MEDIA MONITORING FINDINGS

According to the OSCE/ODIHR EOM media monitoring results, the campaign’s was visible in the nationwide media and on social networks while the local media largely dedicated its attention to the Maslikhat contests. Contestants were provided equal access to the state-funded media. At the same time, the President was extensively covered in his official capacity, thus benefiting the ruling party. The OSCE/ODIHR EOM learned about the Media Plan provided by the Media Committee to major media on a regular basis with a list of important political events. Such practice raises doubts about the editorial independence of state-funded media and was manifested by the very similar manner in which they presented political and campaign related events. Based on the CEC’s narrow interpretation of the law concerning equal access, contestants used paid political advertisement, however journalistic coverage of the campaign was limited to factual news reports and articles. As a result, an editorial, in-depth, comprehensive analysis that would provide voters with a meaningful opportunity to learn about parties and concrete policy proposals within news or in different types of programmes was absent. On 16 March, the CEC organized one televised debate aired by Khabar TV with the participation of all contesting parties. Yet, the formalistic format of the debate did not provide for an interactive exchange of views which reduced its informational value. The lack of opportunity to address questions and comments to decision-makers, including to the ruling party on its performance while in office, contributed to the general absence of critical and analytical media reporting. During the campaign period, media covered all contending parties, with a noticeable effort of statefunded outlets to meet formal requirements to provide equal access. However, extensive reporting of the President’s activities, including regular work and ceremonial occasions, dominated most of the media. Altogether, the amount of coverage received by the President on each channel was approximately three times as much as the coverage provided to each contesting party. The statefunded broadcasters dedicated between 27 and 43 per cent of their political prime time news to the President. 

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 28.

[…]

 3. The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
 The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
 Mass media shall provide time for broadcasting and the space to print for the registered candidates and political parties that have nominated their party lists on a contractual basis. The terms and conditions of the contract for the provision of broadcasting and the printed space in mass media to the candidates and political parties that have nominated the party lists should not create advantages in favor of a certain candidate and a political party. The data about the size of payment, conditions and order of granting of on-air broadcasting time and the printed area shall be declared and published by the corresponding organization of the TV-radio broadcasting, the editorial staff of the periodic press not later than on the tenth day after an official publication of the decision on appointment an election. The named information needs to be presented to the Central and oblast (regional) election commissions during Elections of the President of the Republic of Kazakhstan, to other territorial as well as region election commissions during election of deputies of the Parliament, Maslikhats and members of other local self-government bodies.
The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has nominated its party list shall be considered as consent to allocate time for on-air broadcasting and a printed area to other candidates or political parties that have nominated their party lists.
 The sequence of appearance of candidates and the political parties which have nominated their party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.
It shall be prohibited to interrupt and comment on speeches of the candidates on television and radio immediately after the speech as well as in press in the same issue.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 28.

[…]

 3. The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
 The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
 Mass media shall provide time for broadcasting and the space to print for the registered candidates and political parties that have nominated their party lists on a contractual basis. The terms and conditions of the contract for the provision of broadcasting and the printed space in mass media to the candidates and political parties that have nominated the party lists should not create advantages in favor of a certain candidate and a political party. The data about the size of payment, conditions and order of granting of on-air broadcasting time and the printed area shall be declared and published by the corresponding organization of the TV-radio broadcasting, the editorial staff of the periodic press not later than on the tenth day after an official publication of the decision on appointment an election. The named information needs to be presented to the Central and oblast (regional) election commissions during Elections of the President of the Republic of Kazakhstan, to other territorial as well as region election commissions during election of deputies of the Parliament, Maslikhats and members of other local self-government bodies.
The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has nominated its party list shall be considered as consent to allocate time for on-air broadcasting and a printed area to other candidates or political parties that have nominated their party lists.

 (Constitutional Act of the Rep

Article 33.

[…]

     2. The following expenses shall be covered from the funds of the republican budget:
      1) for organization and activity of election commissions, rent of premises, travel and living allowances, salary of advisers, experts, members of the linguistic commission, specialists, maintenance of electronic electoral system;
      2) for speeches of candidates in mass media, except the candidates who stand for elections under the party lists, according to provisions established in clause 3 of Article 28 of this Constitutional Law;
      3) for the conduct of public pre-election activities of candidates and for issue of campaign materials of candidates, except the candidates who stand for elections under the party lists to be covered in accordance with clauses 4 and 5 of Article 28 of this Constitutional Law;
      4) for transport charges of candidates, except the candidates who stand for elections under the party lists to be covered in the size established by the Central Election Commission;
      5) for the production of posters about candidates to President, the Senate and Maslikhats deputies, members of other local self-government bodies as well as about political parties, which have nominated party lists, which shall be placed in the premises of an election commission and at polling stations.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

VII. CANDIDATE REGISTRATION

The Election Law does not contain a gender quota or other temporary special measures to enhance participation of women in the elections. There were 28 (26.1 per cent) women deputies in the outgoing Majilis and 3 (6.4 per cent) women in the Senate. Twenty seven women (25.2 per cent) were elected deputies in the new Majilis. Consideration should be given to adopting temporary special measures to enhance participation of women.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

I. EXECUTIVE SUMMARY

There are no special legal measures that promote participation of women in elections. Overall, 47 out of 234 candidates on party lists (20 per cent) were women. Women also comprised 34 and 46 per cent of Regional and Territorial Election Commission members, respectively, and more than 70 per cent of Precinct Election Commission members.

VII. CANDIDATE REGISTRATION

The Election Law does not contain a gender quota or other temporary special measures to enhance participation of women in the elections. There were 28 (26.1 per cent) women deputies in the outgoing Majilis and 3 (6.4 per cent) women in the Senate. Twenty seven women (25.2 per cent) were elected deputies in the new Majilis.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 27 (9). 

Conduct of the pre-election campaign accompanied by granting to voters of goods, services, securities free of charge or on favorable terms as well as conduct of lotteries, charitable actions, payment of money or promise to provide the latter shall be considered as inadequate pre-election campaign, except for free distribution of the printed and illustrative materials, badges, flags and the tags specially produced for the election campaign. Conduct of inadequate pre-election campaigns shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 34.

1. Pre-election campaigns of candidates at elections of the President of the Republic of Kazakhstan and elections of deputies of Parliament and Maslikhats can be funded from the election funds formed in compliance with the procedure established by this Constitutional Law.
2. The election funds shall be subject to the state registration in the order established by the legislation.
3. The election funds shall be formed from the following sources:
      1) personal means of candidates, funds of political parties;
      2) means allocated to the candidate by the republican public association that has nominated the candidate;
      3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 58.

The election fund of the candidate shall be formed of:
      1) candidate’s own funds, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than five thousand times;
      2) funds allocated to a candidate by the republican public association which has nominated this candidate, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than seven thousand times;
      3) voluntary donations of citizens and organizations of the Republic, the total amount of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.

Article 34.

[…]

 4. Only the funds that have been received in a legal way can be transferred to the election funds. Within ten days after publication of the election results the information about the total sum of the money transferred to the fund and about its sources shall be published in mass media by:
      the Central Election Commission - at elections of the President, deputies to Mazhilis of the Parliament of the Republic of Kazakhstan to be elected on the basis of party lists;
      the oblasts (the city of the republican status and the capital) election commissions - at election of deputies to the Senate of the Parliament;
      the district election commissions - at election of Maslikhat deputies.
5. The maximum size of the financial resources which can be transferred to the election funds from the aforementioned sources shall be determined in the Special part of this Constitutional Law. The financial resources received above the established limit shall not be transferred to the election funds and shall be refunded to the citizens and organizations that have donated the money. In this case the expenses associated with refund of the indicated money shall be covered at the expense of citizens and organizations that have contributed in these funds. Anonymous donations shall be transferred to the republican budget as the state revenue.
6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of spending the money from the election funds and the corresponding financial institution shall be determined by the Central Election Commission.
7. In case of withdrawing by the candidate of his/her candidature, calling back by the political party of the party list or cancellation of the decision to nominate a candidate, a party list or registration of the candidate, the party list, the financial resources which have been contributed to the election fund shall be immediately refunded to the citizens and organizations that have contributed their money. In this case the cost of refund of the indicated finances shall be covered at the expense of the above mentioned citizens and organizations.
8. All financial transactions including settlements with physical persons and legal entities, due deductions, taxes and other payments to the budget from the special temporary bank accounts shall be stopped at 6 pm on the day proceeding the day of elections.
      In case of a rerun of a vote the marginal sum of money to be allowed for transfer to the candidate’s election fund shall be increased by one and a half times.
      At the conduct of a rerun of a vote, the financial transactions to special temporary bank accounts of candidates in respect to whom the rerun of a vote is conducted shall be resumed on the day of appointment of a rerun of a vote and shall be stopped at 6 pm on the day proceeding the day of elections.
      The total sum of the money to be transferred to the election fund from the moment of its formation should not exceed the limits established by this Constitutional Law.
9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.
10. Infringement by the candidate and the political party that has nominated its party list of the rules stipulated by clauses 1-8 of this Article as well as of the procedure on spending the funds from the election funds established by the Central Election Commission shall entail cancellation of the decision on registration of the candidate or the party list. After conduct of elections before registration of the candidate as the President, the deputy of the Parliament, the Maslikhat deputy and member of other local self-government bodies - declaration of the elections in the corresponding territory or district as null and void.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 58.

The election fund of the candidate shall be formed of:
      1) candidate’s own funds, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than five thousand times;
      2) funds allocated to a candidate by the republican public association which has nominated this candidate, the total amount of which must not exceed the size of the established by the legislation minimum wage for more than seven thousand times;
      3) voluntary donations of citizens and organizations of the Republic, the total amount of which should not exceed the size of the minimum wages established by the legislation for more than fifteen thousand times.

Article 75.

The election fund of the candidate shall be formed of:
      1) own funds of the candidate, the total sum of which should not exceed the established size of the minimum wages for more than two hundred times by the legislation of the Republic of Kazakhstan;
      2) donations of citizens and organizations of the Republic of Kazakhstan, the total sum of which should not exceed the established size of the minimum wages for more than five hundred times by the legislation of the Republic of Kazakhstan.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Part IX:

For the election campaign, political parties can use their own funds and receive private campaign contributions. Citizens and organizations can contribute to a political party’s campaign fund with the exception of state bodies or organizations, local self-government bodies, charitable organizations, religious associations, and legal entities with foreign stock in their charter capital. Anonymous and foreign donations are also forbidden

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

I. EXECUTIVE SUMMARY

[…]

While the campaign was low-key, candidates were generally able to campaign freely. State-funded media made efforts to meet requirements for equal access, but analysis and political debate were largely absent, and the blurring of the distinction with the State benefited the ruling party.

[…]

Positively, state-funded media showed a noticeable effort to meet formal time and space requirements to provide contestants with equal access. However, one contesting party was discernibly disadvantaged in terms of coverage of its platform and leaders.

X. MEDIA

B. LEGAL FRAMEWORK

The Election Law obliges media to present objective campaign coverage and guarantees political parties equal access. Before the official start of the campaign, the CEC issued two sets of guidelines on how to interpret various provisions of the Election Law, one of which was partly and another entirely devoted to the campaign in the media. In addition, the CEC declared that its 2007 regulation on rules of election campaign coverage in the media remains valid. Based on the latter, the CEC reiterated that any contestant-related campaign information outside of daily news reports and their weekly summaries was to be paid for from the party’s campaign fund. With a view to safeguard editorial independence, the legal framework could be revised to allow broadcasters to decide on the format and conditions of election-related programming and to achieve a better balance between the contestant-related information that is to be paid from the campaign fund and a comprehensive and meaningful election media reporting.

The law provides the opportunity for paid advertising without any limitation, apart from those imposed by the overall campaign expenditure limit. While there is no free airtime or space provided to contestants, the law obliges the CEC to organize free of charge debates for parties that put forward their party lists. The obligation to organize pre-election debates could be placed on state-funded channels instead of the CEC. The legal framework should be amended to guarantee contestants additional free of charge coverage by the state-funded media to ensure a more level playing field and more substantial voter information.

The CEC was responsible for overseeing media compliance and performed this task in co-operation with the Media Committee. Its analytical department monitored the quantitative coverage of contesting parties across traditional media outlets (47 television channels, 12 radio stations and 237 newspapers and magazines) and numerous online sources (162 political and social websites). The monitoring did not carry out analysis of the content or the tone of the coverage. As publicly reported by the CEC prior to election day, no serious media violations were found. However, there was no report issued for the last week of the campaign, nor was there a final, summarizing report.

C. MEDIA MONITORING FINDINGS

According to the OSCE/ODIHR EOM media monitoring results, the campaign’s was visible in the nationwide media and on social networks while the local media largely dedicated its attention to the Maslikhat contests. Contestants were provided equal access to the state-funded media. At the same time, the President was extensively covered in his official capacity, thus benefiting the ruling party. The OSCE/ODIHR EOM learned about the Media Plan provided by the Media Committee to major media on a regular basis with a list of important political events. Such practice raises doubts about the editorial independence of state-funded media and was manifested by the very similar manner in which they presented political and campaign related events. Based on the CEC’s narrow interpretation of the law concerning equal access, contestants used paid political advertisement, however journalistic coverage of the campaign was limited to factual news reports and articles. As a result, an editorial, in-depth, comprehensive analysis that would provide voters with a meaningful opportunity to learn about parties and concrete policy proposals within news or in different types of programmes was absent. On 16 March, the CEC organized one televised debate aired by Khabar TV with the participation of all contesting parties. Yet, the formalistic format of the debate did not provide for an interactive exchange of views which reduced its informational value. The lack of opportunity to address questions and comments to decision-makers, including to the ruling party on its performance while in office, contributed to the general absence of critical and analytical media reporting. During the campaign period, media covered all contending parties, with a noticeable effort of statefunded outlets to meet formal requirements to provide equal access. However, extensive reporting of the President’s activities, including regular work and ceremonial occasions, dominated most of the media. Altogether, the amount of coverage received by the President on each channel was approximately three times as much as the coverage provided to each contesting party. The statefunded broadcasters dedicated between 27 and 43 per cent of their political prime time news to the President. 

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 28.

[…]

 3. The state shall guarantee an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted with funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio as well as for publication of two articles in the press in the volume that does not exceed 0.1 of a printed sheet.
 The political parties that have nominated their party lists shall be eligible to participate in the political debates on TV, organized by the Central Election Commission within the time limit fixed by the Central Election Commission.
 Mass media shall provide time for broadcasting and the space to print for the registered candidates and political parties that have nominated their party lists on a contractual basis. The terms and conditions of the contract for the provision of broadcasting and the printed space in mass media to the candidates and political parties that have nominated the party lists should not create advantages in favor of a certain candidate and a political party. The data about the size of payment, conditions and order of granting of on-air broadcasting time and the printed area shall be declared and published by the corresponding organization of the TV-radio broadcasting, the editorial staff of the periodic press not later than on the tenth day after an official publication of the decision on appointment an election. The named information needs to be presented to the Central and oblast (regional) election commissions during Elections of the President of the Republic of Kazakhstan, to other territorial as well as region election commissions during election of deputies of the Parliament, Maslikhats and members of other local self-government bodies.
The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has nominated its party list shall be considered as consent to allocate time for on-air broadcasting and a printed area to other candidates or political parties that have nominated their party lists.
 The sequence of appearance of candidates and the political parties which have nominated their party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.
It shall be prohibited to interrupt and comment on speeches of the candidates on television and radio immediately after the speech as well as in press in the same issue.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 15

[…]

(2) A political party shall:

submit to tax authorities a report on its financial performance in the timing and size specified in the legislation of the Republic of Kazakhstan.

Article18.

[…]

(5) The annual financial report of a political party is published annually in the national newspapers. 

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 34

 […]

6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of spending the money from the election funds and the corresponding financial institution shall be determined by the Central Election Commission.

[…]

 9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

The bank reports to the CEC on a weekly basis on account activities. In a welcome development, following August 2015 amendments to a CEC resolution, the CEC is now obliged to publish campaign finance overviews twice a month in the campaign period. For these elections, the CEC published two overviews on 3 and 16 March.  However, these only provided the total amounts received and spent per party. The lack of information on donors and how the funds were spent negativel impacted on voters’ ability to make an informed choice. In addition to bank reports to the CEC, political parties are required to submit a report on all campaign finances within five days of the announcement of election results. On the basis of these reports the CEC published an overview of the total amount received by each party and the sources of those funds.  The law is silent on the content or format of campaign finance reports and therefore there is no obligation on the CEC to fully disclose the sources of funding and detail the expenditures of the parties. This further limited the transparency of campaign finances. To enhance transparency, detailed and standardized campaign finance reports could be considered, including full data on the sources of funding and the expenditures. Such reports should be publicly available and posted on the CEC website.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article 34

 […]

6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of spending the money from the election funds and the corresponding financial institution shall be determined by the Central Election Commission.

[…]

 9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

According to the CEC, all three candidates submitted financial reports to the CEC within five days of the announcement of election results, meeting the legal deadline. While the campaign fund of President Nazarbayev was larger than that of the other candidates, none of the candidates reached the contribution or spending limits. No breaches of campaign rules were identified by the CEC. Article 34.4 of the Election Law requires the CEC to publish in the mass media information about the amount and sources of funding of each candidate within ten days of the announcement of election results. OSCE/ODIHR EOM media monitoring indicated that the information was not made readily available in media by this deadline. Once the information was posted on the CEC website it did not provide detailed information on the amount and source of campaign contributions or the amount and purpose of campaign expenditures. To enhance transparency, the Election Law could be amended to provide that detailed financial reports are made publicly available and posted on the CEC website.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

Article18.

[…]

(5) The annual financial report of a political party is published annually in the national newspapers. 

Article 34:

[…]

4. Only the funds that have been received in a legal way can be transferred to the election funds. Within ten days after publication of the election results the information about the total sum of the money transferred to the fund and about its sources shall be published in mass media by:
      the Central Election Commission - at elections of the President, deputies to Mazhilis of the Parliament of the Republic of Kazakhstan to be elected on the basis of party lists;
      the oblasts (the city of the republican status and the capital) election commissions - at election of deputies to the Senate of the Parliament;
      the district election commissions - at election of Maslikhat deputies.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 34:

[…]

4. Only the funds that have been received in a legal way can be transferred to the election funds. Within ten days after publication of the election results the information about the total sum of the money transferred to the fund and about its sources shall be published in mass media by:
      the Central Election Commission - at elections of the President, deputies to Mazhilis of the Parliament of the Republic of Kazakhstan to be elected on the basis of party lists;
      the oblasts (the city of the republican status and the capital) election commissions - at election of deputies to the Senate of the Parliament;
      the district election commissions - at election of Maslikhat deputies.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

IX. CAMPAIGN FINANCE

The bank reports to the CEC on a weekly basis on account activities. In a welcome development, following August 2015 amendments to a CEC resolution, the CEC is now obliged to publish campaign finance overviews twice a month in the campaign period. For these elections, the CEC published two overviews on 3 and 16 March.  However, these only provided the total amounts received and spent per party. The lack of information on donors and how the funds were spent negativel impacted on voters’ ability to make an informed choice. In addition to bank reports to the CEC, political parties are required to submit a report on all campaign finances within five days of the announcement of election results. On the basis of these reports the CEC published an overview of the total amount received by each party and the sources of those funds.  The law is silent on the content or format of campaign finance reports and therefore there is no obligation on the CEC to fully disclose the sources of funding and detail the expenditures of the parties. This further limited the transparency of campaign finances. To enhance transparency, detailed and standardized campaign finance reports could be considered, including full data on the sources of funding and the expenditures. Such reports should be publicly available and posted on the CEC website.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

IX. CAMPAIGN FINANCE

The bank reports to the CEC on a weekly basis on account activities. In a welcome development, following August 2015 amendments to a CEC resolution, the CEC is now obliged to publish campaign finance overviews twice a month in the campaign period. For these elections, the CEC published two overviews on 3 and 16 March.  However, these only provided the total amounts received and spent per party. The lack of information on donors and how the funds were spent negativel impacted on voters’ ability to make an informed choice. In addition to bank reports to the CEC, political parties are required to submit a report on all campaign finances within five days of the announcement of election results. On the basis of these reports the CEC published an overview of the total amount received by each party and the sources of those funds.  The law is silent on the content or format of campaign finance reports and therefore there is no obligation on the CEC to fully disclose the sources of funding and detail the expenditures of the parties. This further limited the transparency of campaign finances. To enhance transparency, detailed and standardized campaign finance reports could be considered, including full data on the sources of funding and the expenditures. Such reports should be publicly available and posted on the CEC website.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Parliamentary Elections 20 March 2016, available at http://www.osce.org/odihr/elections/kazakhstan/248781?download=true accessed January 2018).

IX. CAMPAIGN FINANCE

According to the CEC, all three candidates submitted financial reports to the CEC within five days of the announcement of election results, meeting the legal deadline. While the campaign fund of President Nazarbayev was larger than that of the other candidates, none of the candidates reached the contribution or spending limits. No breaches of campaign rules were identified by the CEC. Article 34.4 of the Election Law requires the CEC to publish in the mass media information about the amount and sources of funding of each candidate within ten days of the announcement of election results. OSCE/ODIHR EOM media monitoring indicated that the information was not made readily available in media by this deadline. Once the information was posted on the CEC website it did not provide detailed information on the amount and source of campaign contributions or the amount and purpose of campaign expenditures. To enhance transparency, the Election Law could be amended to provide that detailed financial reports are made publicly available and posted on the CEC website.

(OSCE/ODIHR Election Observation Mission Final Report, Republic of Kazakhstan, Early Presidential Election, 26 April 2015, available at http://www.osce.org/odihr/elections/kazakhstan/174811?download=true accessed January 2018).

Article 34

[…]

 9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 15

[…]

(2) A political party shall:

submit to tax authorities a report on its financial performance in the timing and size specified in the legislation of the Republic of Kazakhstan.

Article18.

[…]

(5) The annual financial report of a political party is published annually in the national newspapers. 

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 18-1.

[…]

(4) The control over spending of budgetary funds is carried out in accordance with the budget legislation of the Republic of Kazakhstan.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 36.

1. Control over expenditure by candidates of the funds from the Republican budget allocated for election campaigns is exercised according to the legislation of the Republic of Kazakhstan.

2. Control over expenditure of the funds from the election funds is exercised by the corresponding election commissions and financial institutions.

3. At suggestion of the corresponding election commissions, experts from the state bodies can be attracted to conduct the aforementioned control within their competency.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 34

 […]

6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The order of spending the money from the election funds and the corresponding financial institution shall be determined by the Central Election Commission.

[…]

 9. Within five days after establishment of the results of the elections, the candidate and the political party shall be obliged to present to the corresponding election commission a report on the estimation of the funds from the election fund. The two thirds of the financial resources from the election fund that have not been spent for the electoral campaign shall be transferred to the republican budget, and one third shall be returned to the candidate and the political party.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).

Article 18 (2).

[…]

No donations shall be permitted in favor of a political party or its structural divisions (branches and representative offices) from:

1. any foreign states and legal entities, or international organizations;

2. any foreigners and stateless persons;

3.  any legal entities with foreign participation;

4. from state bodies and state organisations;

5. religious associations and charities;

6. anonymous donors.

7. from citizens or non-governmental organizations of the Republic of Kazakhstan which are receiving grants and other funds from international or foreign non-governmental organizations.

Article 14

[…]

(5) According to the decision of the court a political party may be liquidated in the following cases:

- financing by foreign legal entities and citizens, foreign states and international organizations, accepting by a political party donations, prohibited by this Act.

(Law on Political Parties of the Republic of Kazakhstan, 2002, available at https://online.zakon.kz/Document/?doc_id=1032141#pos=235;-107 accessed January 2018).

Article 34

[…]

(5) The money resources received above the established limit shall not be included in the election funds. account number and shall be returned to the citizens and organizations that have donated the money. At that, the expenses connected to return of the indicated money are covered at the expense of the citizens and organizations that have contributed the funds. Anonymous donations shall be turned to the in the revenues of the Republican budget.

 (Constitutional Act of the Republic of Kazakhstan, On Elections in the Republic of Kazakhstan, 1995 available at https://www.election.gov.kz/rus/normativno-pravovaya-baza-vyborov/zakon-respubliki-kazakhstan/zakon-o-vyborakh-v-respublike-kazakhstan.php  accessed January 2018).