Information regarding the regulatory resolution of the Constitutional Court
(№ 28 of 20 September 2023)
The Constitutional Court considered a citizen's appeal on the conformity of paragraph 3 of Article 33 of the Constitution with subparagraph 2) of paragraph 4 of Article 4 of the ‘On Elections in the Republic of Kazakhstan’ (hereinafter - the Constitutional Law on Elections).
According to this article, a person whose guilt in committing a corruption crime and corruption offence has been found guilty by a court in accordance with the procedure established by law may not be a candidate for the President of the Republic of Kazakhstan, deputies to the Parliament of the Republic of Kazakhstan, maslikhats, akims, as well as a candidate for membership of another local self-government body.
The subject of the appeal was nominated and registered as a candidate for deputy of the city maslikhat in a single-mandate territorial constituency. Subsequently, the registration as a candidate for deputy was cancelled on the grounds that the subject of the appeal indicated false information in the declaration and had been criminally prosecuted for a corruption offence in the past. In the opinion of the subject of the appeal, the contested article of the Constitutional Law on Elections violates his constitutional rights, as it establishes restrictions not provided for by the Constitution.
The Constitutional Court considers that the restriction established in the Constitutional Law on Elections is aimed at ensuring people's confidence in the state power and counteracting corruption, which is a serious threat to constitutional values. The anti-corruption policy includes legal, administrative, organisational and other measures aimed at reducing corruption risks. International standards allow for the establishment of restrictions on the passive suffrage of citizens in the domestic legislation of a country in compliance with the principle of proportionality and commensurability. The legislator shall have the right to set higher requirements for the reputation of persons holding public office so that citizens have no doubts about their professional and moral qualities and, accordingly, about the legality and fairness of their actions and decisions as bearers of public authority.
The Constitutional Court recognised subparagraph 2) of paragraph 4 of Article 4 of the Constitutional Law on Elections as being in conformity with the Constitution.