OSCE/ODIHR Election Observation MissionFinal Report,  Early ParliamentaryElections (2012/01/15)

XI.COMPLAINTS AND APPEALS

The legislation does not provide for aclear and comprehensive procedure or a single hierarchical structure for theresolution of electoral disputes. The provisions pertinent toelectoral disputes are dispersed in the Election Law, Civil Procedures Code andthe Law on Procedures for Consideration of Petitions by Individuals and LegalEntities. The Election Law allows for filing complaints regarding violations ofelection legislation simultaneously with election commissions, courts, andprosecutors. Complaints against decisions and (in)actions of electioncommissions can be submitted to either a higher-level election commission or acourt, or to both at the same time. The lack of clear distinction of jurisdictions among decision-making bodiesin adjudication of electoral disputes is at odds with international goodpractice. Moreover, in practice, these provisions led to the conflict ofjurisdictions and confusion of electoral stakeholders as to the fora for reviewof complaints and procedural deadlines in electoral dispute resolution.

Office for Democratic Institutions and Human Rights

http://www.osce.org/odihr/elections/89401,as retrieved on 2013-10-23.

ConstitutionalAct of the Republic of Kazakhstan “On elections in the Republic of Kazakhstan”No. 2464, (1995-09- 28)

Chapter 2 :: Election bodies

Article12. Authorities of the Central Election Commission of the Republic ofKazakhstan 
The Central Election Commission shall: 
... 
2-1) consider the issue on the admission of political parties to the participation in elections ofdeputies of the Mazhilis of Parliament to be elected based on party lists; 
... 
8) register candidates tothe Presidents of the Republic, grant them with the corresponding certificates,publish the communication on registration of candidates in mass media; 
...  
Chapter 12 :: Elections of deputies to the Mazhilis of the Parliament

Article87. Nomination of Candidates to deputies of the Mazhilis 
1. The right to nominate candidates to deputies of the Mazhilis based on partylists shall belong to political parties registered in accordance with the setprocedures, while the right to nominate candidates to deputies of the Mazhilisto be elected by the Assembly of the People of Kazakhstan shall belong to theBoard of Assembly. 
...

Article89. Registration of candidates to the Mazhilis
1. Party lists submittedby political parties and candidates nominated by the Board of the Assembly ofthe People of Kazakhstan is registered by the Central Election Commission. 
... 
7. Refusal to register orcancellation of the decision to register the party list may be appealed to theCentral Election Commission and/or court within seven days. The CentralElection Commission or the court shall issue its decision on the complaintwithin seven days of the date of submission of the complaint. 
Refusal to register or cancellation of the decision to register the candidatenominated by the Board of the Assembly of the People of Kazakhstan may beappealed to the Central Election Commission and/or court within two days. TheCentral Election Commission or the court shall issue its decision on thecomplaint within one day. 
...

Central ElectionCommission of the Republic of Kazakhstan,

http://election.kz/portal/page?_pageid=153,77212&_dad=portal&_schema=PORTAL as retrieved on 2013-09-14.