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

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

Chapter 12 :: Elections of deputies to the Mazhilis of the Parliament

Article 89. Registration of candidates to theMazhilis
1. Party lists submitted by political parties and candidates nominated by theBoard of the Assembly of the People of Kazakhstan is registered by the CentralElection Commission. 
...
7. Refusal to register or cancellation of the decision to register the partylist may be appealed tothe Central Election Commission and/or court within seven days. TheCentral Election Commission or the court shall issue its decision on thecomplaint within 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. 
...

CentralElection Commission of the Republic of Kazakhstan,

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

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

XI.COMPLAINTS AND APPEALS

Thelegislation does not provide for a clear and comprehensive procedure or asingle hierarchical structure for the resolution of electoral disputes. Theprovisions pertinent to electoral disputes are dispersed in the Election Law,Civil Procedures Code and the Law on Procedures for Consideration of Petitionsby Individuals and Legal Entities. The Election Law allows for filingcomplaints regarding violations of election legislation simultaneously withelection commissions, courts, and prosecutors. Complaints against decisions and(in)actions of election commissions can be submitted to either a higher-levelelection commission or a court, or to both at the same time. The lack of clear distinction ofjurisdictions among decision-making bodies in adjudication of electoraldisputes is at odds with international good practice. Moreover, in practice,these provisions led to the conflict of jurisdictions and confusion ofelectoral stakeholders as to the review of complaints and procedural deadlinesin electoral dispute resolution.

Office for Democratic Institutions and Human Rights

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

Aslegislation doesn’t specify which court specifically should review the appealin terms of candidate nomination and registration it is impossible to determinewhether or not there is possibility to appeal.

Inregards of CEC as a first instance body – there is no mention of possibility ofappeal (together with lack of clear hierarchy and jurisdiction) - thus “NO”.