CHAPTER 10

POLITICAL PARTIES AND DEMOCRATIC COMPETITION

Article 68 — Constitutional Status of Political Parties

  1. Political parties are essential institutions of democratic participation and pluralistic representation.

  2. Political parties shall be free to form and operate in accordance with the Constitution. A party acquires legal status upon registration with the Independent Electoral Authority. Registration requires a minimum of one thousand (1,000) citizen members. A registered party may participate in any national or local election without additional access requirements. Constitutional law shall establish the registration procedure, documentation requirements, and grounds for deregistration of inactive parties.

  3. No party may pursue the abolition of democracy, violent seizure of power, destruction of constitutional order, or violation of human dignity and fundamental rights.

  4. A party that violates paragraph 3 may be dissolved only by a decision of the Constitutional Court. Dissolution may be initiated by the Government, by a majority of the Lower House, or by the Prosecutor General. The Constitutional Court shall apply strict scrutiny and may impose lesser measures before ordering dissolution. Dissolution of a political party is a measure of last resort.

  5. Deputies elected on the list of a dissolved party retain their individual mandates and continue to sit as independent deputies for the remainder of their term.

Article 69 — Internal Democracy of Political Parties

  1. Political parties shall be organized on democratic principles.

  2. Party leadership shall be elected through transparent internal procedures.

  3. No person may serve as leader of the same political party for more than two (2) consecutive terms. A term shall be defined by the party’s own statute but shall not exceed five (5) years. After two consecutive terms, a person may not return to the leadership of the same party until at least one full term has elapsed.

  4. Party members shall have the right to participate in internal decision-making under fair and transparent rules.

  5. Candidate selection procedures for elections shall be public, lawful, and non-discriminatory. The Independent Electoral Authority shall monitor compliance and may invalidate candidate lists that result from procedures in manifest violation of this requirement.

Article 70 — Financing of Political Parties

  1. Political parties shall be financed in a transparent manner.

  2. Public financing of political parties is permitted and shall be allocated equally among all parties that qualified for ballot access in the most recent election. New parties qualifying for the first time shall receive the same public financing as established parties from the date of their registration. The formula and amounts shall be established by constitutional law.

  3. Only citizens of the Qazaq Republic may make financial contributions to political parties. Contributions from the following are absolutely prohibited: a) foreign states and their agencies; b) foreign citizens and stateless persons; c) associates of the Republic; d) domestic or foreign companies and corporations; e) religious organizations and religious figures acting in their religious capacity; f) trade unions, professional associations, civil society organizations, and all other legal entities; g) anonymous donors.

  4. All lawful donations and expenditures shall be publicly disclosed within twenty-four (24) hours of receipt or expenditure through an official digital transparency system maintained by the Independent Electoral Authority.

  5. Every political party shall submit an annual financial report to the Independent Electoral Authority within sixty (60) days of the end of each calendar year. The report shall include: a) the full name and citizenship of every donor who made a contribution during the year; b) the amount of each donation and its date; c) total donations received, broken down by donor; d) total expenditures, broken down by category; e) public financing received and how it was used. The Independent Electoral Authority shall publish all annual reports in full in accessible digital form within fourteen (14) days of receipt. No redaction of donor identity or amount is permitted.

  6. Hidden financing, straw-donor schemes, illicit campaign financing, and use of state resources for partisan purposes are prohibited. The Independent Electoral Authority and the independent anti-corruption body shall jointly enforce this Article. Violations shall result in criminal liability, disgorgement of unlawful funds, and may result in suspension of the party’s right to participate in the next election.

Article 71 — Equal Conditions of Political Competition

  1. The state shall ensure equal legal conditions for political competition.

  2. Public authorities, state-owned media, public funds, administrative resources, and law enforcement may not be used to favor or disadvantage any party or candidate.

  3. During election campaign periods, all political parties that have qualified for ballot access shall receive equal airtime on public broadcasting. The Independent Electoral Authority shall allocate and schedule broadcast time on an equal and impartial basis. No party may purchase additional political advertising on public broadcasters beyond the equal allocation.

  4. The Independent Electoral Authority and the independent anti-corruption body shall jointly monitor compliance with this Article. Violations shall be investigated without delay and may result in invalidation of electoral results where the violation materially affected the outcome.

Article 72 — Loss of Mandate and Party Switching

  1. Deputies retain a free constitutional mandate.

  2. A deputy who leaves or is expelled from the party on whose list they were elected shall become an independent deputy. They retain their seat and all legislative rights. For a period of ninety (90) days following such change, the deputy may not vote in investiture votes, constructive no-confidence motions, or budget adoption votes on behalf of a different party. Constitutional law may establish further proportionate regulations consistent with the free mandate.

  3. Any rule resulting in loss of mandate shall be interpreted narrowly, applied only on grounds expressly established by this Constitution, and shall remain subject to judicial review.