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2008 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing the financing of political parties?	100
21	Are there regulations governing the financing of individual political candidates?	83
22	Are the regulations governing the political financing of parties effective?	75
23	Are the regulations governing the political financing of individual candidates effective?	75
24	Can citizens access records related to the financing of political parties?	25
25	Can citizens access records related to the financing of individual candidates' campaigns?	0

Indicator and sub-Indicator Details

Are there regulations governing the financing of political parties?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments: Sources of financing for political parties may include 1) introductory fees and membership dues. 2) donations from citizens and non-governmental organizations of Kazakhstan that are made as established by the central executive agency that collects tax obligations due to the state on the condition that these donations are confirmed and their source is documented. 3) income of enterprise activity.

References: Law of the Republic of Kazakhstan on political parties, July 15, 2002, 344-II (with changes and additions in accordance with the state on May 15, 2007), Article 18

20b: In law, there are limits on individual donations to political parties.

Score:

YES

Comments: The election funds of political parties may include voluntary donations from citizens and Kazakhstani organizations that should not exceed by more than 10,000 times the minimal salary established by legislation.

References: Law of the Republic of Kazakhstan on political parties, July 15, 2002, 344-II (with changes and additions in accordance with the state on May 15, 2007), Article 92

20c: In law, there are limits on corporate donations to political parties.

Score:

YES

References: Law of the Republic of Kazakhstan on political parties, July 15, 2002, 344-II (with changes and additions in accordance with the state on May 15, 2007), Article 92

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments: After a candidate has registered, election funds are deposited into a special temporary account opened in bank establishments by the corresponding electoral commission. Income to the specified account are not charged and are not paid off. The election fund can be used exclusively by the candidate and political parties that have put forward party lists for the purposes named by the current Constitutional law. Banks must report weekly on receipts to and expenditures from the special accounts to the corresponding electoral commission. Questions from the corresponding electoral commission about those data must be made within 24 hours. Expenditures from election funds in a special bank account are determined by the Central Electoral Commission.

Expenditures from electoral funds are carried out by the corresponding electoral commissions and bank establishments.

Representatives of corresponding electoral commissions can name control experts to state bodies according to their competence.

References: Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464(with changes and additions in accordance with the state on June 19, 2007), Articles 34 and 36

20e: In law, there are requirements for the disclosure of donations to political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments: Candidates standing in structured party lists put forward by political parties, have no right to create their own election funds.

Political parties election funds should not exceed by more than 5000 times the minimal salary established by the legislation.

The election funds of political parties may include voluntary donations from citizens and Kazakhstani organizations that should not exceed by more than 10,000 times the minimal salary established by legislation.

References: Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464 (with changes and additions in accordance with the state on June 19, 2007), Article 92

20f: In law, there are requirements for the independent auditing of the finances and expenditures of political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of party finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of political parties\' finances and expenditures or if such requirements exist but allow for parties to self-audit.$

Comments: The constitutional law has requirements only for the independent auditing of political parties' finances and expenditures.

References: Law of the Republic of Kazakhstan, July 15, 2002, 344-II (with changes and additions as of May 15, 2007)

Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464 (with changes and additions in accordance with the state on June 19, 2007)

Peer Review Comments: Political parties have to present report to the tax agencies.

Law of the Republic of Kazakhstan, July 15, 2002, 344-II, [ LINK ].

20g: In law, there is an agency or entity that monitors the financing of political parties.

Score:

YES

Comments: Electoral commissions are the state electoral bodies that organize, preparation for and run elections. From Article 10

References: Law of the Republic of Kazakhstan on political parties, July 15, 2002, 344-II (with changes and additions in accordance with the state on May 15, 2007), Chapter 2

Constitutional Law of the Republic of Kazakhstan, April 14, 2004, #545-II, Article 10 introduced amendments (see old wording)

Are there regulations governing the financing of individual political candidates?

21a: In law, there are regulations governing private contributions to individual political candidates.

Score:

YES

Comments: Non-state financing of elections:

Presidential and deputy-of-Parliament candidates pre-election campaigns can be financed by election funds established by the current constitutional law. Election funds are subject to state registration as established by the legislation.

Election funds may come from the personal means of candidates or constituencies, or funds from political parties. The funds are allocated to the candidate by the Kazakhstani public association that nominates him.

References: Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464 (with changes and additions in accordance with the state on June 19, 2007), Article 34

21b: In law, there are limits on individual donations to political candidates.

Score:

YES

Comments: Election funds of a candidate 1) can come from his/her own means. The total sum should not exceed by more than 100 times the minimal salary established by the legislation. 2) are allocated to him/her by the public association that had put him/her forward. The total sum should not exceed by more than in two hundred times the minimal salary established by the legislation. can come from voluntary donations from citizens and Kazakhstani organizations. The total sum should not exceed established by more than 300 times the minimal salary established by the legislation. Donations from state bodies and organizations, institutions of local government, charitable organizations, religious associations, legal persons having foreign participation in Kazakhstan, and anonymous donations are forbidden.

Sources of financing and using of means by political party 2. Donations to political parties and to their structural divisions (branches and representatives) are not allowed from 1) foreign states, foreign legal persons and international organizations. 2) foreigners and persons without citizenship. 3) legal persons with foreign participation. 4) state bodies and organizations. 5) religious associations and charitable organizations. 6) anonymous donors. A court may decide that donations received from people and organizations specified above are added to the income of the state Political parties financial reports are published annually in printed editions. From Article 18

References: Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464 (with changes and additions in accordance with the state on June 19, 2007), Article 106

Law of the Republic of Kazakhstan, July 15, 2002, 344-II (with changes and additions as of May 15, 2007), Article 18

21c: In law, there are limits on corporate donations to individual political candidates.

Score:

YES

Comments: Election funds of a candidate 1) can come from his/her own means. The total sum should not exceed by more than 100 times the minimal salary established by the legislation. 2) are allocated to him/her by the public association that had put him/her forward. The total sum should not exceed by more than in two hundred times the minimal salary established by the legislation. 3) can come from voluntary donations from citizens and Kazakhstani organizations. The total sum should not exceed established by more than 300 times the minimal salary established by the legislation.

21d: In law, there are requirements for the disclosure of donations to individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to individual political candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to individual political candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments: Election funds can be received or directed only by legal means. Information about the total sum in the fund and its sources are published in mass media within 10 days after publication of election results.

21e: In law, there are requirements for the independent auditing of the campaign finances of individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of an individual candidate\'s campaign finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of an individual candidate\'s campaign finances and expenditures or if such requirements exist but allow for candidates to self-audit.$

Comments: Constitution law does not contain articles regulating requirements for independent auditing of individual political candidates' campaign finances.

References: Law of the Republic of Kazakhstan, July 15, 2002, 344-II (with changes and additions as of May 15, 2007)

Constitutional law of the Republic of Kazakhstan on elections in the Republic of Kazakhstan, Sept. 28, 1995, #2464(with changes and additions in accordance with the state on June 19, 2007)

21f: In law, there is an agency or entity that monitors the financing of individual political candidates' campaigns.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a domestic agency or set of domestic agencies/entities formally assigned to monitor and enforce laws and regulations around the financing of individual political candidates\' campaigns. A YES score is earned even if the agency/entity is ineffective in practice. NO: A NO score is earned if there is no such agency or entity.$

Comments: The agency is the Central Election Commission of Kazakhstan.

Electoral commissions are the state electoral bodies that organize, preparation for and run elections. From Article 10

References: Law of the Republic of Kazakhstan on political parties, July 15, 2002, 344-II (with changes and additions in accordance with the state on May 15, 2007), Chapter 2

Constitutional Law of the Republic of Kazakhstan, April 14, 2004, #545-II, Article 10 introduced amendments (see old wording)

Are the regulations governing the political financing of parties effective?

22a: In practice, the limits on individual donations to political parties are effective in regulating an individual's ability to financially support a political party.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

22b: In practice, the limits on corporate donations to political parties are effective in regulating a company's ability to financially support a political party.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

22c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

22d: In practice, when necessary, an agency or entity monitoring the financing of political parties independently initiates investigations.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

22e: In practice, when necessary, an agency or entity monitoring the financing of political parties imposes penalties on offenders.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

22f: In practice, contributions to political parties are audited.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Are the regulations governing the political financing of individual candidates effective?

23a: In practice, the limits on individual donations to political candidates are effective in regulating an individual's ability to financially support a particular candidate.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

23b: In practice, the limits on corporate donations to individual candidates are effective in regulating a company's ability to financially support a candidate.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

23c: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns independently initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency or entity aggressively starts investigations into allegations of wrong doing with respect to the financing of individual candidates\' campaigns. The agency is fair in its application of this power. 50 Score Criteria: The agency or entity will start investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, thought limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The agency or entity rarely investigates on its own, or the agency or entity is partisan in its application of this power.$

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

23d: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns imposes penalties on offenders.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

23e: In practice, the finances of individual candidates' campaigns are audited.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The finances of individual candidates\' campaigns are regularly audited using generally accepted auditing practices. 50 Score Criteria: The finances of individual candidates\' campaigns are audited, but audits are limited in some way, such as using inadequate auditing standards, or the presence of exceptions to disclosed contributions. 0 Score Criteria: The finances of individual candidates\' campaigns are not audited, or the audits performed have no value in tracking contributions. Audits may be performed by entities known to be partisan or biased in their practices.$

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Can citizens access records related to the financing of political parties?

24a: In practice, political parties disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

24b: In practice, citizens can access the financial records of political parties within a reasonable time period.

Score:

100

Comments: Kazakhstani citizens cannot access the financial records of political parties within a reasonable time period.

All information concerning political parties' financial records is held by the Central Election Commission of Kazakhstan.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

24c: In practice, citizens can access the financial records of political parties at a reasonable cost.

Score:

100

Comments: Since the time of the Soviet Union time, in practice, citizens cannot access political parties' financial records at a reasonable cost. This information is available only from the Central Election Commission of Kazakhstan.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Can citizens access records related to the financing of individual candidates' campaigns?

25a: In practice, individual political candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: Individual political candidates disclose information about their financial support and expenditures within a reasonable time period only to the Central Election Commission, but this information is not available to Kazakhstani citizens.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

25b: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) within a reasonable time period.

Score:

100

Comments: In practice, citizens have no access to information about individual political candidates' financial support and expenditures within a reasonable time period. This information is available only from the Central Election Commission.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

25c: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) at a reasonable cost.

Score:

100

Comments: In practice, citizens have no access the financial records (campaign revenues and expenditures) of individual candidates at a reasonable cost. This information is available only to the Central Election Commission of Kazakhstan.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan