February 3, 2022 marks the 17th anniversary of World Election Day.
The tradition of celebrating this day began in 2005 on the initiative of the Association of European Election Organizers (AOWCE) and was supported by the United Nations.
World Election Day is celebrated annually on the first Thursday of February, since most international agreements on electoral issues were signed in early February.
By establishing the World Election Day, the organizers sought to draw people's attention to the problem of ensuring the electoral rights of citizens and improving electoral processes.
The purpose of this day is to remind about the importance of democratic elections, to increase the activity of voter participation.
Basic principles of elections in Kazakhstan
Modern Kazakh election legislation consists of a block of regulatory legal acts regulating various aspects of electoral relations and processes. It is extensive and diverse in its composition. The electoral legislation includes not only special regulations on elections to specific state authorities, but also acts regulating the electoral rights of citizens, the principles of electoral law, as well as individual stages of the electoral process.
The Constitution of the Republic of Kazakhstan is the Basic law of the country, which has supremacy, supreme legal force and direct effect on the territory of the country. The constitutional norm stated in paragraph 2 of article 3 that the people exercise power directly through a republican referendum and free elections is one of the foundations of the constitutional system of the state, establishing the priority place of elections in the system of democratic institutions of the state. The participation of the people in "solving the most important issues of state life by democratic methods, including voting in a republican referendum or in Parliament" is the fundamental principle of the Republic's activity.
The Constitution of the Republic of Kazakhstan proclaims the fundamental principles of electoral legislation, establishes the basic norms related to the election of the President, deputies of Parliament and maslikhats.
According to paragraph 4 of Article 87 of the Constitution of the Republic of Kazakhstan, akims of regions, cities of republican significance and the capital are appointed by the President of the Republic with the consent of maslikhats of regions, cities of republican significance and the capital, respectively. Akims of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure determined by law.
Currently, the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" regulates the procedure for holding direct elections of the akim of a city of district significance, village, settlement, rural district.
Article 33 of the Constitution of the Republic of Kazakhstan defines that citizens of Kazakhstan have the right to participate in the management of State affairs directly and through their representatives, to elect and be elected to State bodies and local self-government bodies, as well as to participate in a republican referendum. Citizens who have been declared incompetent by the court, as well as those held in places of deprivation of liberty by a court verdict, do not have the right to elect and be elected, to participate in a republican referendum.
The participation of citizens of the Republic of Kazakhstan in elections is based on the principles of equal universal and direct suffrage by secret ballot, free and voluntary participation in elections.
The rules, procedures and basic principles of elections in Kazakhstan are also established by the Constitutional Laws of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", "On the Republican referendum", "On the President of the Republic of Kazakhstan", "On the Parliament of the Republic of Kazakhstan and the status of its deputies", as well as a number of other regulatory legal acts.
According to the procedure, there are direct and indirect elections. In direct elections, voters vote directly for candidates for the position they hold. In indirect elections, electors vote.
In accordance with Articles 6, 8, 9 of the Constitutional Law "On Elections in the Republic of Kazakhstan" akims of a city of district significance, villages, settlements, rural districts in the corresponding administrative-territorial units are elected on the basis of direct suffrage by secret ballot under the majority system of relative majority. The candidate who has received a greater number of votes of the voters who took part in the voting in comparison with other candidates is considered elected.
Let's consider the principles of participation of citizens of the Republic of Kazakhstan in elections, characterizing their electoral rights, the exercise of rights, the order of elections.
The principle of universal suffrage means that a citizen of Kazakhstan who has reached the age of 18 has the right to elect, and upon reaching the age established by law, to be elected to state authorities and to elected local self-government bodies. A citizen of the Republic of Kazakhstan has active and passive suffrage regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion. In Kazakhstan, electoral rights are also enjoyed by persons to whom, in accordance with the legislation, a preventive measure was applied – detention, since they are not held in places of deprivation of liberty by a court verdict, as well as citizens recognized by the court as having limited legal capacity.
The Constitution of the Republic of Kazakhstan establishes a number of restrictions: citizens recognized by the court as incompetent and citizens held in places of deprivation of liberty by a court sentence do not have the right to elect and be elected. At the same time, it should be noted that electoral rights are also enjoyed by persons to whom, in accordance with the legislation, a preventive measure was applied – detention, since they are not held in places of deprivation of liberty by a court verdict, as well as citizens recognized by the court as having limited legal capacity.
Restrictions on passive suffrage have been established. A person who has a criminal record that has not been extinguished or removed in accordance with the procedure established by law, as well as a person whose guilt in committing a corruption crime and a corruption offense has been recognized by a court (Article 4 of the Constitutional Law "On Elections in the Republic of Kazakhstan") cannot be a candidate for President of the Republic of Kazakhstan, for deputies of Parliament and Maslikhat, akims of cities of district significance, villages, settlements, rural districts, as well as for members of another local self-government body.
If the age-related condition for the acquisition of active suffrage is the age of 18 (it is called the age limit of active suffrage), then the age level required for the acquisition of passive suffrage may be different. For example, a citizen of the Republic of Kazakhstan at least forty years old may be elected President of the Republic of Kazakhstan; a person who has reached the age of thirty may be a deputy of the Senate; a deputy of the Mazhilis – twenty-five years old, a deputy of the maslikhat - over twenty years old, akim of cities of district significance, villages, settlements, rural districts - twenty-five years.
The universality of the right to vote in the Republic of Kazakhstan is not only proclaimed, but also guaranteed.
The election legislation provides for guarantees that ensure the possibility of real participation in the elections of all citizens who have voting rights. Of particular importance for ensuring the universality of the right to vote are guarantees of citizens' rights when compiling voter lists – their right to appeal against non-inclusion in such a list, errors and inaccuracies in the list. The legislation establishes a number of organizational measures aimed at ensuring the possibility of each voter to exercise their right. In particular, polling stations are formed in hospitals, sanatoriums, rest homes and other places of temporary stay of voters, in hard-to-reach and remote areas, on ships sailing on election day.
An important guarantee of the universality of elections is that citizens of Kazakhstan who are abroad have full electoral rights. For citizens of the Republic of Kazakhstan staying in the territory of a foreign state, polling stations are formed at the representative offices of the Republic of Kazakhstan in foreign countries.
The principle of equal suffrage is of great importance for ensuring democratic elections. Equal suffrage means that voters participate in the elections of the President, deputies of the Majilis of the Parliament and maslikhats of the Republic, akims of cities of district significance, villages, settlements, rural districts, members of local self-government bodies on an equal basis, and each of them has one vote per ballot, respectively. A voter may not be included in more than one list of voters, he/she votes in person, presenting an identity document, signs for receipt of the ballot in the list of voters.
The principle of secret voting is manifested in the fact that voting in the elections of the President, deputies of the Mazhilis and the Senate of the Parliament, deputies of maslikhats, akims of cities of district significance, villages, settlements, rural districts, members of other local self-government bodies of the Republic is carried out in conditions that exclude the possibility of control over the will of the voter and pressure on the will of the voter. Voting rooms are equipped with booths or specially equipped places for secret voting. In them, when filling out a ballot by a voter, the presence of anyone is not allowed.
The principle of voluntary participation of citizens of the Republic of Kazakhstan in elections is expressed in the fact that no one has the right to influence a voter in order to force him to participate or not participate in elections. Freedom of expression during elections is also ensured by the prohibition of campaigning on election day.