First instance body dealing with electoral disputes

Presidential Election Kazakhstan, Final Report OSCE/ODIHR(2011-04-03)

XIII.COMPLAINTS AND APPEALS

 The complaints and appeals process isprimarily regulated by the ElectionLaw, which does not establish a single hierarchical structure of responsibilityand does not specify how due process is guaranteed. In addition to theElection Law, the election dispute resolution is regulated by various  laws which are not referred to in theElection Law, including the Civil Procedures Code and the 2007 Law onProcedures for Consideration of Petitions by Individuals and Legal Entities.

 Complaints against decisions and (in)actionsof election commissions can be submitted within 10 days to a higher electioncommission and/or court. Other complaints on election law violations can befiled with election commissions, courts, and/or prosecutor’s offices; however,election-related

complaintsagainst local administration and government bodies and officials must be filedin court.  The fact that the Election lawprovides for multiple avenues for election disputes resolution and lacks aclear delineation of the jurisdiction and remedial powers of the variousdecision-making bodies is not in line with the international good practice.Electoral stakeholders lacked a clear understanding of the election disputeresolution process, with instances of complainants filing cases to incorrectcourts or improperly filing complaints to the CEC and prosecutor’s offices.Moreover, the election administration and courts did not always have aconsistent and cohesive understanding of election-related deadlines,jurisdictions and remedial powers in the election dispute resolution process.It was apparent that complainants generally do not have the necessary skills toprepare well reasoned complaints. Further, there were instances of identicalcomplaints filed with election commissions, courts and prosecutors.

Office forDemocratic Institutions and Human Rights,

http://www.osce.org/odihr/elections/78714,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 10 :: Elections of the President of the Republic of Kazakhstan

Article59. Registration of candidates to the President of the Republic of Kazakhstan
1. Registration of candidates to the President is carried out by the Central Election Commission. 
...

8. The refusal of the Central Election Commission to register the candidate tothe President or cancellation of the decision on registration can be appealedin ten-day’s term personally by the candidate or the public association whichhas put forward him/her in the Supreme Court which shall consider the petitionin ten-day term’s from the date of its submission. The decision of the SupremeCourt is final. 

... 

Central ElectionCommission of the Republic of Kazakhstan,