On the Meeting of the Central Election Commission on April 19, 2019

The meeting of the Central Election Commission of the Republic of Kazakhstan, which was attended by representatives of political parties and a number of state bodies, took place on April 19, 2019. The following issues were considered at the meeting:

1. On certain issues of identifying the level of knowledge of the state language by the Presidential Candidates at the early elections of the President of the Republic of Kazakhstan, appointed for June 9, 2019.

2. On certain issues of registration of candidate for the President of the Republic of Kazakhstan (on submission of tax return on income and property, medical conclusion on health condition).

“On certain issues of identifying the level of knowledge of the state language by the candidates to the President of the Republic of Kazakhstan”

Fluency of candidates to the President of the Republic of Kazakhstan in the state language (requirement of Article 41 of the Constitution of the Republic of Kazakhstan) shall be established by conclusion of the linguistic commission formed by a resolution of the Central Election Commission of the Republic of Kazakhstan. The linguistic commission shall include linguists and other specialists in the number of at least 5 people.

The Central Election Commission held consultations with the Ministry of Education, rectors of leading universities and proposed the following candidates to the linguistic commission of the Central Election Commission:

All candidates are prominent scientists in the field of Kazakh linguistics and literature. Based on the above, the meeting of April 19, 2019 amended the Resolution of the Central Election Commission of the Republic of Kazakhstan dated February 27, 2015 No. 6/263 “On the formation of the linguistic commission to identify the level of knowledge of the state language by candidates to the President of the Republic of Kazakhstan” with regards to the composition of the linguistic commission.

The basis for the adoption of this resolution is clause 2 of article 41 of the Constitution of the Republic of Kazakhstan, sub-clause 1) of article 12, part 1, clause 1 and part 3 of clause 3 of article 54 of the Constitutional Act of the Republic of Kazakhstan dated September 28, 1995 “On Elections in the Republic of Kazakhstan.”

In accordance with clause 2 of Article 54 of the Act on Elections, the procedure for establishing the candidate’s fluency in the state language is determined by a resolution of the Central Election Commission.

According to the explanation of the Constitutional Council of the Republic of Kazakhstan “On the official interpretation of clause 2 of Article 41 of the Constitution of the Republic of Kazakhstan” of Resolution No. 280 dated October 9, 1998, the provision of clause 2 of Article 41 of the Constitution of the Republic of Kazakhstan regarding the wording “fluent in the state language” shall be understood as the ability to correctly read, write, express thoughts and speak publicly in the Kazakh language without difficulties.   

To establish fluency in the state language, a candidate for the President of the Republic of Kazakhstan shall:

1) write a written assignment on a topic proposed by the linguistic commission, not exceeding two pages;

2) read the printed text proposed by the linguistic commission, not exceeding three pages;

3) publicly speak on the topic specified by the linguistic commission for at least fifteen minutes.

Options of tasks for writing, reading the works of classics of Kazakh literature and speaking on a free topic shall be determined by the linguistic commission in advance.

The candidates for Presidency will have time to prepare for each stage of the exam. For a written assignment at least one hour is given, with the possibility of extension, if necessary, for another half hour. To prepare for a 15-minute public speaking, at least one hour will be given.

Meetings of the linguistic commission will be open and public.

“On certain issues of candidate registration (on the issue of filing a tax return and medical examination)”

Clause 2 of Article 59 of the Act on Elections stipulates that the candidate and his (her) spouse shall submit tax return on income and property to the state revenue authorities at the place of residence on the first day of the month of the beginning of the nomination period, i.e. on April 1, 2019.

Then, the certificate of the state revenue body on the submission of the tax return on income and property by the candidate and his (her) spouse to the Central Election Commission of the Republic of Kazakhstan at any time, before the expiration of the registration period of the candidates for Presidency, i.e. until May 11, 2019. In case of failure to provide the certificate, the candidate will not be registered.

After the candidate is registered, the Central Election Commission shall send a request to the authorized body for the accuracy of information on income and property declared by the candidate and his (her) spouse, which is checked by the state revenue authorities within fifteen days from the date of registration of the candidate.

At the same time, organizations that have received the requirements of state revenue authorities to submit information on the income and property of a candidate and his (her) spouse are required to submit the requested information within four days from the date of receipt of the request.

If any false information on the income and property declared by the candidate or his (her) spouse is detected at the time of filing the tax return, the Central Election Commission shall cancel the decision on registration.

According to clause 2-1 of Article 59 of the Constitutional Act “On Elections in the Republic of Kazakhstan,” candidate for the President of the Republic of Kazakhstan before the registration shall submit to the Central Election Commission a medical report confirming that the candidate does not have any diseases that prevent the registration of the candidate for the Presidents of the Republic of Kazakhstan.

According to this provision, in order to confirm that the presidential candidate does not have any diseases that impede the fulfillment of duties of the President of the Republic, his medical examination shall be held, which results shall be documented with an appropriate medical report on the state of health.

The requirements for a medical opinion and a list of diseases that prevent registration of a candidate for the President of the Republic are established by a joint regulatory legal act of the Central Election Commission and the authorized body in the field of healthcare – the Ministry of Healthcare of the Republic of Kazakhstan.

Currently, a joint regulatory legal act of the Central Election Commission of the Republic of Kazakhstan and the Ministry of Healthcare of the Republic of Kazakhstan “On approval of requirements for a medical opinion on the health status of a candidate for Presidency and a list of diseases that prevent registration of a candidate for the President of the Republic of Kazakhstan” has been adopted and registered by the Ministry of Justice on April 13, 2019. This act was registered on April 15, 2015 and came into effect from the moment of its publication by the standard reference form of regulatory legal acts in electronic form. The full text of the joint regulatory legal act is posted on the website of the Central Election Commission of the Republic of Kazakhstan.

According to this act:

Medical examination shall be carried out based on an extract provided by the candidate from the protocol of the republican public association on his nomination.

Medical examination shall be carried out in healthcare organizations (clinics) at the place of attachment of the candidate with the issuance of a medical certificate.

The medical report shall be drawn up in the prescribed form, adopted by the joint regulatory legal act.

The medical report shall be issued within a period not exceeding three calendar days from the moment of the candidate’s application for a medical examination and shall be valid during the terms for the election of the President of the Republic of Kazakhstan.

Healthcare organizations shall keep records of issued medical certificates, which are accessible only to the authorized health authority.

The joint regulatory legal act specifies a list of 107 diseases that prevent registration of a candidate to the President of the Republic of Kazakhstan.

The medical report on the state of health shall be presented by the candidate along with the documents stipulated by Article 59 of the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” to the Central Election Commission for registration as a candidate.

Following the results of the past extended meeting, a briefing was held at the Central Election Commission with the participation of media representatives, at which members of the CEC RK answered all media questions.