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Subject: The election system of the Republic of Kazakhstan
Plan:
- The concept of the election system. The principles of citizen participation in elections. Electoral authorities. Pre-election campaign. The guarantee of freedom of elections.
- The constitutional basis of the referendum.
Keywords: electoral system, a referendum election.
Important place in the system of institutions of direct democracy belongs to the elections and referendum. The Constitution enshrines the right of a citizen to vote (suffrage) and to be elected (passive suffrage) in the representative bodies for public office, and the right to participate in the referendum. The basis of the electoral law and the electoral system of the Republic of Kazakhstan are the guarantees of electoral rights of citizens of the Republic of Kazakhstan. The core of these guarantees is the principle of citizen participation in elections. The basic principles of the electoral law of the Republic of Kazakhstan is the universality, equality, secrecy of voting, direct and indirect elections embodied in the Constitution and constitutional laws.
All the citizens of Kazakhstan may be involved in the elections and the national referendum, after 18 years of age individual has an active electoral right. At the same time, eligibility is limited to certain qualifications. In particular, there is the age limit in respect of members of representative bodies and the office of President. Educational qualifications apply to senators. Residency requirement applies to members of the Senate and the President.
The right to vote in the objective sense is a set of regulations governing the electoral system, the status of voters relations in the electoral process.
The organization of elections is regulated by a constitutional law "On elections in the Republic of Kazakhstan" dated September 28, 1995 as amended from June 19, 1997, May 8, 1998, November 6, 1998 and May 6, 1999, which describes the election system and the electoral process in Kazakhstan.
Elections in the Republic of Kazakhstan are direct and indirect. Direct suffrage is to elect the President, deputies of the Majilis of the Parliament, Maslihats and members of the local government. Indirect suffrage is for the election of deputies of the Senate of the Parliament.
The proportional and majoritarian systems are in the heart of the electoral system. In the Republic of Kazakhstan uses a majoritarian electoral system of absolute and relative majority. In particular, I round of presidential elections use the majority system. If II round of elections applied, a relative majority system is used.
The concept, principles, electoral authorities. The electoral system is understood as the procedure for the formation of elected bodies of state and local governments, including the principles and conditions for participation in the formation of elected officials, as well as the organization and election procedure. There are two types of election system: proportional and majoritarian.
Proportional system is based on the principle of proportionality between received votes and the won mandates. To the operation of a proportional system a large number of geographical constituencies are created and at least two established political parties are involved. Majoritarian electoral system has two subspecies: the relative majority and the absolute majority. Absolute majority election is considered as valid if they participated in both the first and second round of more than 50% of citizens in the lists of voters, candidate is elected if the number of votes cast for him, is more than 50% of the the number of voters who participated in voting in the Constitution of the Republic of Kazakhstan, as well as in the Constitutional Law "On elections in the Republic of Kazakhstan" contained the following principles of electoral law:
a) the principle of universality means that all citizens of the Republic of Kazakhstan have reached a certain age, regardless of gender, ethnicity , race , religion , social origin , etc., have the right to elect and be elected to the elected body of the government. Universal suffrage is divided into active and passive suffrage .
Suffrage is the right of citizens of the Republic to participate in the elections on reaching 18 years of age.
The eligibility is the right of citizens of the Republic to be elected as a President, a deputy of the Majilis of the Parliament and maslihat with the limits set by the Constitution. The principle of universality knows exceptions.
b) the principle of equal treatment means that voters participate in the election of the President, deputies of the Majilis of the Parliament of the Republic and Maslikhats on an equal basis and each voter has one vote. Each voter may be made only in one list vote in this election ( President , Members of Parliament , etc.) and only once.
c) the principle of direct suffrage means that the President , deputies of the Majilis
Maslikhats Parliament and members of local government bodies of the Republic shall be elected directly by citizens . In the Republic of Kazakhstan established both direct and indirect election of deputies. Indirect suffrage reflected in fact that in the election of deputies of the Senate of the Parliament involved electors are citizens of the Republic who are deputies Maslikhats . Electors participate in the elections to the Senate on an equal basis and each of the electors have one vote in the election of deputies of the Senate ;
d ) the principle of the secret ballot is reflected in fact that voting in the presidential elections of deputies of the Majilis of the Parliament and the Senate , Maslikhats deputies , members of the local self-government of the Republic is carried out under conditions precluding the ability to control the will of the voters , as well as pressure on the will of the voter ;
e) the principle of voluntari;y participation of citizens of the Republic of Kazakhstan in elections rein means that no one has the right to make an influence to the voter in order to force him to participate or not participate in the elections. Freedom of expression during the election campaign is also provided by the prohibition on election day. Voluntarily non-participation of voters in elections called absenteeism .
Electoral authorities . State bodies which provide the preparation and conduct of elections in the Republic of Kazakhstan, form a unified system of election commissions are Central Election Commission of the Republic, the territorial election commission , the district election commission , election commissions . The term of credentials of election commissions is five years .
The Central Election Commission ( CEC) headed by a single system of election commissions of the Republic and is a permanent body. Central Executive Committee consists of the Chairman , Vice-Chairman , Secretary and members of the committee elected and dismissed by the Majilis of the Parliament by the President of the Republic . The Chairman and Secretary of the Central Election Commission should have a law degree . As a permanent state agency CEC has its own staff.
Lecture 8.