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

XI. COMPLAINTS AND APPEALS

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

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

Chapter 2 :: Election bodies

Article 12. Authorities of the Central Election Commission of the Republic of Kazakhstan 
The Central Election Commission shall: 
... 
2-1) consider the issue on the admission of political parties to the participation in elections of deputies of the Mazhilis of Parliament to be elected based on party lists; 
... 
8) register candidates to the 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

Article 87. Nomination of Candidates to deputies of the Mazhilis 
1. The right to nominate candidates to deputies of the Mazhilis based on party lists shall belong to political parties registered in accordance with the set procedures, while the right to nominate candidates to deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan shall belong to the Board of Assembly. 
...

Article 89. Registration of candidates to the Mazhilis
1. Party lists submitted by political parties and candidates nominated by the Board of the Assembly of the People of Kazakhstan is registered by the Central Election Commission. 
... 
7. Refusal to register or cancellation of the decision to register the party list may be appealed to the Central Election Commission and/or court within seven days. The Central Election Commission or the court shall issue its decision on the complaint within seven days of the date of submission of the complaint. 
Refusal to register or cancellation of the decision to register the candidate nominated by the Board of the Assembly of the People of Kazakhstan may be appealed to the Central Election Commission and/or court within two days. The Central Election Commission or the court shall issue its decision on the complaint within one day. 
...

Central Election Commission of the Republic of Kazakhstan,

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