Unofficial translation
Footnote. The preamble is excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (comes into force ten calendar days after the day of its first official publication).
Chapter 1. General provisions
Article 1. Concept of political parties
1. Political party shall be recognized voluntary association of citizens of the Republic of Kazakhstan expressing political will of citizens, of different social groups in order to represent their interests in presented and executive bodies of state authority, local self-government and participation in their formation.
2. A political party shall have not a right to act on name of the people.
Article 2. The legislation of the Republic of Kazakhstan on political parties
1. The legislation of the Republic of Kazakhstan on political parties shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. Political parties are equal before the Law.
Article 3. The right to association to political party
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of association in political parties.
2. Citizen of the Republic of Kazakhstan may be a member of only one of a political party.
3. Membership in a political party may not be grounds of limitation of rights and freedoms of citizen of the Republic of Kazakhstan.
4. Each shall have a right to point out and not point out their party identification.
Article 4. The State and political parties
1. The State shall provide loyalty and lawful interests of political parties.
2. Unwarranted interruption of state in the affairs of political parties and political parties in the affairs of state shall not be allowed. As well as assignation on political parties of functions of state bodies shall not be allowed.
3. Demand from citizens in any form as well as in the official documents, specification of party identification shall be prohibited.
4. Deputies of Parliament, civil servants shall have not the right to hold salaried employment in political parties.
5. State employees in the discharge of its duties shall rely by requirements of the legislation of the Republic of Kazakhstan and not linked by the decisions of political parties and their bodies.
6. On persons, working in continuing bodies of political parties, shall be distributed the labor legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on social service and assurance.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 15 May, 2007 № 253.Article 5. Fundamentals of establishment and activities of political parties
1. The main objective of the Law is to determine the legal basis for establishment of political parties, their rights and obligations, and guarantees for their activities.
2. The main objective of the Law is to regulate relations between political parties and government agencies and other organizations.
3. The activities of political parties are based on the principles of voluntariness, equality, self-government, legality, and transparency. Political parties are free to determine their internal structure, goals, forms, and methods of activity, with the exception of restrictions established by this Law.
4. The activities of political parties must not violate the rights, freedoms, and legitimate interests of individuals and citizens guaranteed by the Constitution of the Republic of Kazakhstan.
5. Political parties must create equal opportunities for citizens of the Republic of Kazakhstan who are members of a political party to be represented in the governing bodies of a political party, on candidate lists for deputies, and for other elective positions in government agencies and local government bodies.
6. The organizational structure of political parties is built on the territorial principle.
7. The governing bodies of political parties and their structural divisions (branches and representative offices) must be located on the territory of the Republic of Kazakhstan.
8. The activities of political parties of other states are not permitted on the territory of the Republic of Kazakhstan.
9.The establishment and activities of political parties whose goals or actions are aimed at violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, inciting social, racial, national, religious, class and tribal hatred are prohibited.
10. The establishment of political parties on the basis of professional, racial, national, ethnic and religious affiliation of citizens, as well as the establishment of primary party organizations of political parties in state bodies and local government bodies are prohibited.
11. The establishment and activities of paramilitary political parties, as well as paramilitary formations under political parties, are prohibited.
12. The propaganda of programmatic and statutory requirements of political parties in the educational process of educational organizations is prohibited.
Footnote. Article 5 - as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (comes into force ten calendar days after the date of its first official publication).Chapter 2. Creation, reorganization and winding-up of a political party
Article 6. Creation of a political party
1. A political party shall be created on the initiative of a group of citizens of the Republic of Kazakhstan numbering at least seven hundred people who convene a constituent congress (conference) of a political party and represent two-thirds of regions, cities of republican significance and the capital. Citizens shall take a personal part in the founding congress (conference) of a political party. Representation of citizens by proxy at the founding congress (conference) of a political party shall be prohibited. Financing the creation of a political party, including the organization of the founding congress (conference), shall be carried out in accordance with the requirements of Article 18 of this Law.
2. For preparation and holding of founding convention (conference) of a political party from among of members of initiative group of citizens of the Republic of Kazakhstan shall be formed an organizing committee consist of at least ten people.
3. Organizing committee shall represent to registration body notification of intention of creation of a political party in the form established by the registration body accompanied by the following information:
1) list of initiative group of citizens of creation of a political party and information on members of organizing committee on electronic and paper medium in the form established by registration body.
2) meeting minutes of organizing committee, in which shall be appointed the goal of its creation, supposed entitlement of a political party, location, supposed sources of formation and using money and other properties of organizing committee, as well as information on member of the organizing committee, authorized to open a checking account for the formation means of organizing committee and conclude civil law contracts for ensuring its activity ( later on – authorized person of organizing committee).
4. On the date of receipt of the notice and other documents, appointed in paragraph 3 of this article, registration body shall issue to an authorized person of the organizing committee a document confirming their submission (later on - the confirmation).
5. Organizing committee shall have the right to start its activity only after issuing the confirmation of registration body.
6. Within three months from the date of issue of the confirmation, the organizing committee must hold a founding congress (conference) of the political party. For this purpose, the organizing committee shall:
1) no later than one month after issuance of confirmation to it, published in periodical written publication, distributed on the territory of the Republic of Kazakhstan, information on intention to create political party, the place and date of holding of founding convention (conference) of a political party;
2) open an operating account in the regulated banks of the Republic of Kazakhstan through the authorized person of the organizing committee;
3) carry out other organizational and advocacy, directed to the creation of a political party;
7. At the founding convention (conference) shall be made a decision on creating of a political party, its name, charter, program and formed its governing bodies.
8. Political party shall carry out its charter activity after passing through official registration.
9. Organizing committee shall terminate its activity in the event of one of the following cases:
1) the expiration of seven months from the date of issuance of the confirmation by the registration authority;
2) state registration of political part;;
3) refusal in the state registration of a political party;
4) by the decision of initiative group of citizens.
10. In the case of state registration of a political party money and other property of organizing committee, as well as a financial report on their use, in which shall be appointed the sources of cash inflow and other property, transferred to created political party.
In the case of refusal of state registration of a political party or termination of activity of organizing committee odd money and other property of organizing committee transferred to citizens and non-governmental organizations of the Republic of Kazakhstan proportionally kicked in.
Footnote. Article 6 in the wording of the Law dated 06.02.2009 № 122-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 28.12.2018 № 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 157-VII (shall come into effect ten calendar days after the day of its first official publication).Article 7. The name and symbolism of a political party
1. The name of a political party shall contain the words "political party" or "party", the use of which shall be allowed only in the name of a political party.
Full and abbreviated name of the political party and its symbolism should not be wholly or in essential part to duplicate the name and symbolism of state bodies, political parties and public associations registered in the Republic of Kazakhstan, as well as political parties and public associations, liquidated in connection with breach of the legislation of the Republic of Kazakhstan.
2. Specification to the national, ethnic, religious, regional, community and gender characteristics, using the names and surnames of its leader, historical figures shall not be allowed in the name of a political party.
3. Political party shall have not a right to use as their symbolism state symbols of the Republic of Kazakhstan and other countries.
4. Political party shall have a right to use as symbolism emblems, flags, anthems, pennons, badges.
5. Symbolism of a political party should not be used to promulgation of unconstitutional and illegal goals.
6. Description and sketches of symbolism of a political party should be contained in the charter.
Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated July 8, 2005 № 67 (the order of enforcement see Article 2); dated 06.02.2009 № 122-IV (the order of enforcement see Article 2).Article 8. Membership in a political party
1. Member of a political party may be a citizen of the Republic of Kazakhstan who reached the age of eighteen.
2. Membership of foreigners and stateless persons, as well as the collective membership in political party shall not be allowed.
3. Chairman, Deputy Chairman, judges of the Constitutional Court of the Republic of Kazakhstan, Chairman and judges of the Supreme Court of the Republic of Kazakhstan and other courts, chairmen and members of the Central Election Commission of the Republic of Kazakhstan, the Supreme Audit Chamber of the Republic of Kazakhstan, Commissioner for Human Rights in the Republic of Kazakhstan, staff and employees of special state, law enforcement agencies, military personnel shall not be members of political parties, support any political party.
The persons specified in part one of this paragraph, except for employees of special state and law enforcement agencies, and military personnel, must withdraw from political parties within ten days from the date of appointment, election, and entry into service.
3-1. For the period of exercising his powers, the President of the Republic of Kazakhstan shall not be a member of a political party.
If at the time of taking the oath to the people, the President of the Republic of Kazakhstan is a member of a political party, he must leave the political party within ten days from the date of taking the oath.
4. Membership in a political party shall be a voluntary, individual and fixed.
5. Reception in a political party shall be carried out under authority of written application.
6. Membership in a political party may not be limited on grounds of professional, social, racial, generic, ethnic or religious affiliation, as well as depending on the gender or property status.
7. Members of a political party shall have a right to elect and be elected to the governing bodies of a political party, get information on activity of a political party and its governing bodies.
8. The grounds for termination of membership in a political party shall be death, withdrawal from the party, exclusion from the party, joining another party, admission to military service, and entry into service in law enforcement and special state bodies.
In the case of admission to military service or entry into the service of law enforcement and special state bodies, membership in a political party shall be terminated automatically.
Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 № 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 157-VII (shall come into effect ten calendar days after the day of its first official publication).Article 9. Charter of a political party
1. Charter of a political party shall contain:
1) name, goals and tasks of a political party, as well as description of symbolism;
2) location of the central office of a political party;
3) conditions and procedure of acquisition and forfeit of membership in a political party, rights and obligations of its members;
4) a procedure of record of members of a political party;
5) a procedure of creation, reorganization and liquidations of a political party and its structural subdivisions (branches and representative offices);
6) a procedure of election of governing and internal control bodies of the political party and its structural subdivisions (branches and representative offices), term of powers and competence of specified bodies;
7) a procedure of alteration and additions to the charter of a political party and its program;
8) the procedure for nominating candidates (lists of candidates) from a political party for deputies and other elective positions in state authorities and local self-government bodies, taking into account the requirements of this Law;
9) grounds for recall of deputies elected from a political party;
10) rights of a political party and its structural subdivisions (branches and representative offices) in the field of money management and other properties, financial responsibility of a political party and its structural subdivisions (branches and representative offices) and procedure of reports of a political party and its structural subdivisions (branches and representative offices).
2. In charter of a political party may be contained other provisions related to its activity and be without prejudice to the legislation of the Republic of Kazakhstan.
3. Alteration and additions, introduced to the charter of a political party, shall be liable to the state registration.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 29.06.2018 № 163-VI (shall be enforced from 01.01.2019); dated 25.05.2020 № 336-VI (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 24.05.2021 № 42-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 05.11.2022 № 157-VII (shall come into effect from 01.01.2023).Article 10. State registration of a political party.
1. State registration of a political party shall be carried out by Ministry of justice of the Republic of Kazakhstan.
2. Documents, necessary for the state registration of a political party, shall be presented to the registration body not later than four months from the date of founding convention (conference) of a political party.
3. Within twelve months from the date of state registration, a political party shall be obliged to conduct an accounting registration of its structural subdivisions (branches and representative offices) in the territorial bodies of justice.
4. Non-fulfilment of paragraph 3 of this article shall carry a cancelling of state registration of a political party according to the procedure established by the legislation of the Republic of Kazakhstan.
5. Registration and reregistration of a political party as well as record registration of its structural subdivisions (branches and representative offices) shall be carried out in the procedure and terms, provided by the legislation of the Republic of Kazakhstan on state registration of legal entities and record registration of branches and representatives.
6. For state registration of a political party, it must include at least five thousand party members representing structural subdivisions (branches and representative offices) of the party in all regions, cities of republican significance and the capital, numbering at least two hundred party members in each of them.
7. State registration of a political party shall be carried out when upon presentation in the registration body the following documents:
1) application in the form, established by registration body;
2) charter and program of a political party in two copies, signed by head of a political party;
3) minutes of the founding convention (conference) of a political party.
4) the lists of members of a political party on electronic and paper medium in form, established by registration body, and according with requirements by paragraph 6 of this article;
5) document of payment of duties for state registration of legal entity.
8. The term of state registration shall be suspended on the basis, provided by the legislation of the Republic of Kazakhstan on state registration of legal entities and record registration of branches and representatives.
At elimination of grounds, served for term break of state registration, registration body shall make a decision on state registration or refusal of state registration of a political party.
Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 08.07.2005 № 67 (the order of enforcement see Article 2); dated 06.02.2009 № 122-IV (the order of enforcement see Article 2); dated 24.12.2012 № 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2018 № 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.05.2020 № 336-VI (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 05.11.2022 № 157-VII (shall come into effect ten calendar days after the day of its first official publication).Article 11. Refusal of state registration of a political party
1. Registration body shall refuse in state registration of a political party on the basis provided by the legislative acts of the Republic of Kazakhstan, as well as in the case of breach of established by the Law the procedure of formation of a party, inconsistency of presented documents, as well as its constituent documents and lists of members of party, its structural subdivisions (branches and representative offices) by the legislative acts of the Republic of Kazakhstan.
Registration body shall refuse in record registration of structural subdivisions (branches and representative offices) of a political party on the basis provided by the legislative acts of the Republic of Kazakhstan, as well as in the case of breach of the procedure of creation of structural subdivisions (branches and representative offices), inconsistency of presented documents on the record registration, as well as the lists of party members by the legislative acts of the Republic of Kazakhstan.
1-1. The number of established breaches by the lists of members of a political party, not influenced on muster-roll of party members, provided by paragraph 6 of Article 10 of this Law, may not be reason for refusal in state registration of a political party.
Act of this paragraph shall not be distributed in case of breach of paragraphs 1, 2, 3 and 5 of Article 8 of this Law.
2. In case of refusal in state registration, a political party may provide re documents to the registration body for its state registration upon the expire of three months.
3. Refusal in state registration of a political party, record registration its structural subdivisions (branches and representative offices) may be appealed in legal process.
Footnote. Article 11 – in the wording of the Law of the Republic of Kazakhstan dated 8 July, 2005 № 67 (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 06.02.2009 № 122 – IV (the order of enforcement see Article 2).Article 12. State bodies, carrying out control over the observance of the legislation of the Republic of Kazakhstan on political parties
Control over the observance of the legislation of the Republic of Kazakhstan on political parties, as well as of compliance of a political party and its structural subdivisions (branches and representative offices) to the legislation of the Republic of Kazakhstan shall carry out:
1). registration bodies, having the right to demand or get access to the documents of a political party and its structural subdivisions (branches and representative offices), confirming the presence of necessary number of members of a political party.
2) state revenue bodies in accordance with the tax legislation of the Republic of Kazakhstan;
3) other state bodies in cases, provided by the legislative acts of the Republic of Kazakhstan.
Checking of authenticity of lists of initiative group of citizens on creation of a political party, members of a political party in accordance with requirements of paragraph 1 of Article 6, Article 8, paragraph 6 of Article 10 of this Law shall be carried out by the relevant state bodies according to the procedure, determined by the Government of the Republic of Kazakhstan.
Footnote. In the Article 12 as amended by the Laws of the Republic of Kazakhstan dated 8 July, 2005 № 67 (the order of enforcement see Article 2); dated 07.11.2014 № 248-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).Article 13. Suspension of activity of a political party
1. Activity of a political party may be suspended under court decision for the term of three to six months in the following cases:
1) breach of the Constitution and legislation of the Republic of Kazakhstan;
2) systematical carrying out of activity, inconsistent to the charter of a political party;
3) public appeal and speeches of the heads of a political party to carrying out of extremism;
4) inconsistency of number of members of a political party to the requirements of paragraph 6 of Article 10 of this Law.
2. During the period of suspension of the activities of a political party, the leaders and members of the party shall be prohibited from speaking on its behalf in the media, organizing and holding peaceful meetings and other public speeches, and debit transactions on the bank accounts of the political party shall be suspended, except for payments under employment contracts, compensation for losses caused as a result of its activities, and payment of fines.
3. If during the established term of suspension of activity of a political party the breaches eliminate, the political party shall be resumed its activity.
4. The breaches’ elimination by a political party shall be established by a ruling of the court which decided the suspension of a political party’s activities.
Footnote. In the Article 13 as amended by the Laws of the Republic of Kazakhstan dated 23 February, 2005 № 33; dated 8 July, 2005 № 67 (the order of enforcement see Article 2); dated 25.05.2020 № 334-VI (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Article 14. Reorganization and liquidation of a political party
1. Reorganization of a political party (merger, accession, division, separation, transformation) shall be carried out by decision of its superior body according to the procedure, provided by the legislation acts of the Republic of Kazakhstan and charter of a political party.
Structural divisions (branches and representative offices) of a political party terminating its activity, shall be liable to removal from record registration in the registration body under authority of decision of superior body of a political party on reorganization (liquidation).
2. Reorganization newly formed after its reorganization shall be carried out upon expire of two months from the date of making a decision on reorganization of a political party in according to the procedure, established by the legislation of the Republic of Kazakhstan.
2-1. Upon division of a political party or demerger from membership of a political party the muster-roll of members of reorganized political party and newly formed political parties must be conformed to requirements of paragraph 6 of Article 10 of this Law.
3. Political party shall be liquidated:
1) by decision of its superior body;
2) on the proposal of not less than fifty one percent of its members, representing at least half of the regions;
3) under court decision.
4. Liquidation of a political party shall be carried out by a liquidation commission, assigned by the superior body of a political party, or by a court ruling according to the procedure, provided by the legislation acts of the Republic of Kazakhstan.
5. Under court decision a political party may be liquidated in the following cases:
1) failure to comply with requirements of this Law;
2) failure on the term, established by court, breaches, constitute as a ground for the suspension of activity of a political party;
3) systematic conduct of activity, inconsistent with the charter of a political party;
4) carrying out of activity, prohibited by the legislative acts of the Republic of Kazakhstan, or by multiple (at least two times) or gross breach of the legislation of Republic of Kazakhstan;
5) invalidation of state registration of a political party establishing invalid information, contained in the documents, represented for the state registration, or cancel the state registration of a political party;
6) two-fold in a row of non-participation of a political party in the elections of deputies of Mazhilis of the Parliament of the Republic of Kazakhstan;
7) financing by foreign legal entities and citizens, foreign states and international organizations, taking charitable gifts by political party, prohibited by this Law.
7-1) carrying out of activity of a political party, its structural subdivisions ( branches and representative offices) without reregistration in the cases, provided by the legislation of the Republic of Kazakhstan;
8) in other cases, provided by legislative acts of the Republic of Kazakhstan.
Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 8 July, 2005 № 67 (the order of enforcement see Article 2); dated 06.02.2009 № 122-IV (the order of enforcement see Article 2).Chapter 3. Activity of a political party
Article 15. Rights and responsibilities of a political party
1. Political party for implementing a goals and tasks, determined by charter and program, according to the procedure, established by the legislation of the Republic of Kazakhstan, shall have the rights:
1) to spread information on its activity and promulgate their goals and tasks;
2) to unite on a voluntary basis in association (unions), electoral block;
3) nominate candidates for the President of the Republic of Kazakhstan, deputies of the Mazhilis of the Parliament and maslikhats of the Republic of Kazakhstan, akims of the district (city of regional significance), cities of district significance, villages, towns, rural districts; through their representatives in maslikhats, propose candidates for deputies of the Senate of the Parliament of the Republic of Kazakhstan.
In case of changing the boundaries of an administrative-territorial unit by separating or dividing, a political party shall distribute:
personal composition of the deputies of the reorganized maslikhat, taking into account the mandates distributed by the maslikhat;
candidates included in the registered party list;
4) to create its mass media;
5) organize and conduct peaceful assemblies;
6) to carry out other rights, provided by this Law and other legislative acts of the Republic of Kazakhstan.
2. Political party shall be obliged:
1) to observe the requirements of the Constitution and the legislation of the Republic of Kazakhstan;
2) to provide every citizen the opportunity to get acquainted with concerning its rights and interests with documents, decisions and information sources;
3) to inform a registration body on changes of location area of continuing body and facts on its heads, included in the National Register of business of identification numbers;
4) to submit a report on its financial activities to the state revenue bodies in terms and in the amount established by the legislation of the Republic of Kazakhstan.
Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 24.12.2012 № 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 № 248-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 25.05.2020 № 334-VI (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 24.05.2021 № 42-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 05.11.2022 № 157-VII (shall come into effect from 01.01.2023).Article 15-1. Peculiarities of the nomination of candidates from a political party for deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan, maslikhat
1. When approving party lists of candidates for deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan, a political party shall include representatives of three categories in them: women, youth, and persons with disabilities - collectively in the amount of at least thirty percent of the total number of candidates.
2. When approving party lists of candidates for maslikhat deputies, a political party shall include women and young people in aggregate in the amount of at least thirty percent of the total number of candidates.
Footnote. Chapter 3 has been supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 25.05.2020 № 336-VI (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); as reworded by the Law of the Republic of Kazakhstan dated 07.02.2022 № 106-VII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication); dated 05.11.2022 № 157-VII (shall come into effect from 01.01.2023).Article 16. Bodies of a political party and its structural subdivisions (branches and representative offices)
1. The highest governing body of a political party shall be in the convention (conference) of a political party, convened at least once every four years.
2. At the convention (conference) of a political party:
1) the amendments and additions to the charter and program of a political party shall be introduced;
2) members of a political party as a candidate for the President of the Republic of Kazakhstan, deputies of Mazhilis of Parliament shall be submitted, the party list of candidates to deputies, represented for registration to the Central Election Commission of the Republic of Kazakhstan shall be confirmed;
3) governing bodies of a political party shall be elected;
4) a size of party membership dues shall be confirmed.
3. The highest governing body of the branch and representative offices of a political party shall be a conference (general meeting) of the branch and representative offices of a political party.
4. At the conference (general meeting) of the branch and representative offices of a political party:
1) its governing bodies shall be elected;
2) party lists of candidates for deputies of the respective maslikhats, candidates for akims of the district (city of regional significance), cities of district significance, villages, towns, and rural districts, as well as candidates for deputies of maslikhats of the district (city of regional significance), elected by single-seat territorial electoral districts.
5. The decision of the congress (conference) of a political party shall be taken by a majority of votes if the representatives of all branches and representative offices of a political party of the regions, cities of republican significance and the capital attend the congress (conference) of a political party.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 29.06.2018 № 163-VI (shall be enforced from 01.01.2019); dated 28.12.2018 № 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.05.2021 № 42-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 05.11.2022 № 157-VII (shall come into effect from 01.01.2023).Article 17. Property of a political party
In property of a political party may be objectives, that are necessary for financial security of its activity, provided by its charter, as well as organization, created at the expense of its means, except objects prohibited by the legislation of the Republic of Kazakhstan.
Property owner of a political party, as well as properties of its structural subdivisions (branches and representative offices), shall be a political party as a whole. Members of a political party shall have no rights concerning properties of a political party.
The property of a political party shall be used only for realization of goals and task solutions, provided by charter and program of a political party.
The property of a political party in the case of its liquidation shall be used in accordance with its charter. If by the charter of a political party such procedure shall not be provided, that solution of this issue shall be carried out by bodies, that made the decision of liquidation of a political party.
Article 18. Sources of financing and using means of a political party
1. Means of a political party shall be formed from:
1) entrance and membership fees;
2) charitable gifts of citizens and non – state organizations of the Republic of Kazakhstan, carried out in the procedure, established by the central executive body, provided the tax control over the fulfillment of tax obligations before the state, upon condition that these charitable gifts shall be documented and appointed its sources;
3) entrepreneurial incomes;
4) treasure funds;
2. the charitable gifts of a political party and its structural subdivisions ( branches and representative offices) shall not be allowed from:
1) foreign states, foreign legal entities and international organizations;
2) foreigners and persons without citizenship;
3) legal entities with foreign participation;
4) state bodies and state organizations;
5) religious associations and philanthropy organizations;
6) anonymous donators;
7) from citizens or non – state organizations of the Republic of Kazakhstan, receiving grants and other means from international or foreign non – governmental organizations.
Charitable gifts, received from the persons, appointed in this Law, shall be credited to the public revenue under court decision.
3. Money of a political party shall be placed into the bank account, registered in accordance with the legislation of the Republic of Kazakhstan.
4. Money and other property of a political party may not be distributed among its members and must be spent in accordance with the statutory goals. A political party may use its funds for charity.
5. Annual financial statement of a political party shall be annually published in republican publications.
Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 8 July, 2005 № 67 (the order of enforcement see Article 2); dated 06.02.2009 № 122 – IV (the order of enforcement see Article 2); dated 16.11.2015 № 403-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).Article 18 – 1. Budget funds, allocated to political parties
1. At the end of last elections budget funds shall be annually allocated to a political parties, represented in the Mazhilis of Parliament of the Republic of Kazakhstan.
2. A size of budget funds allocated to the financing of activity of a political parties, shall be determined in the Law on the republican budget.
3. The procedure of financing political parties shall be determined by the Central election commission of the Republic of Kazakhstan.
4. Control over the expenditure of budget funds is carried out in the manner established by the legislation of the Republic of Kazakhstan on state audit and financial control.
Footnote. Chapter 3 is supplemented by Article 18 – 1 in accordance with the Law of the Republic of Kazakhstan dated 06.02.2009 № 122-IV (the order of enforcement See Article 2); as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (comes into force ten calendar days after the date of its first official publication).Chapter 4. Concluding provisions
Article 19. Responsibility for breach of the legislation of the Republic of Kazakhstan on a political parties
Responsibility for breach of the legislation of the Republic of Kazakhstan on a political parties shall bear the guilty of its individuals and legal entities, as well as civil servants of state bodies and persons, including in the composition of governing bodies of a political party, in accordance with the Laws of the Republic of Kazakhstan.
Article 20. International relations of political parties
Political parties of the Republic of Kazakhstan may establish and maintain international relations, conclude relevant agreements, enter as collective members in international non – profit non – state associations, except of religious.
Article 21. Transitional period provisions
Political parties, created before enforcement of this Law, shall be obliged to pass the state re-registration, in accordance with the requirements of this Law.
Article 22. The procedure of enforcement of this Law.
1. This Law shall be enforced from the date of its official publication.
1-1. To suspend until January 1, 2019:
subparagraph 9) of paragraph 1 of Article 9, establishing that in the period of its suspension subparagraph 9) of paragraph 1 of Article 9 shall be as follows:
“9) the grounds for the recall or rotation of deputies of the Majilis of the Parliament of the Republic of Kazakhstan, elected from a political party in the territory of a single national constituency;”;
subparagraph 2) of paragraph 4 of Article 16, establishing that during the period of its suspension subparagraph 2) of paragraph 4 of Article 16 shall be as follows:
"2) candidates for deputies of the respective maslikhats are nominated.".
2. The Law “On political parties” of the Republic of Kazakhstan shall be deemed to have lost force dated 2 July, 1996 (Bulletin of the Parliament of the Republic of Kazakhstan, 1996, № 11-12, Article 260; 1997, № 13-14, Article 205).
Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 29.06.2018 № 163-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
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The President of the Republic of Kazakhstan |
