Presidential Elections

Legal Alert Reelects its President in 28 April 2015 Early Elections

Kazakhstan re-elected its President, Nursultan Abishevich In this Issue: Nazarbayev, for a 5-year term 1 on 26 April 2015. According to the Kazakhstan Reelects its Kazakhstan Central Electoral Commission, 95.21% of the Republic's President in Early Elections 9,547,864 eligible voters participated in the early election. The final results announced by the Commission on 28 April were as follows:

Candidate Age Party % of votes

Nazarbayev, Nursultan 74 97.75 (Light of the Motherland)

Syzdykov, Turgun 67 Communist 1.61

Kausainov, Abelgazy 63 Unaffiliated 2 0.64

In accordance with the law, each candidate was required to pass a fluency test. 3

The election originally had been scheduled for 2016. However, Kazakhstan law 4 permits the President to call an early Presidential election at any time, subject to 2 months' notice. On 25 February

1 As noted below, the next election and inauguration will be in December 2020 and January 2021, respectively. So, the President's new term effectively will last for approximately 5 years and 8-1/2 months.

2 Mr. Kausainov is the former akim (governor) of Karaganda Oblast and a former Minister of Transport.

3 Article 41.2 of the Constitution of the Republic of Kazakhstan dated 30 August 1995 ("Constitution") and Resolution of the Central Electoral Commission of the Republic of Kazakhstan dated 31 August 2005 " On the Procedure of Defining Fluency of Candidates for President of the Republic of Kazakhstan in the State Language ."

4 Article 41.3-1 of the Constitution and Article 51-1 of the Law " On Elections " dated 28 September 1995.

Legal Alert

2015, President Nazarbayev issued a 5 to hold an early election for President on 26 April. The decree did not state the reason for the early election.

But in an article written by President Nazarbayev and published in The Financial Times shortly before the election,6 he referred to the "multiple challenges" faced by Kazakhstan, in particular the conflict in Ukraine, the "damaging fall-out" of sanctions involving Russia, the slump in the global price of oil, violent extremism in the Middle East and the situation in Afghanistan. He wrote that the early Presidential election would strengthen the stability of Kazakhstan, with the campaign allowing the country "to debate the choices it faces, to forge consensus and [to] give the newly elected president a clear mandate to follow through on the programme set out to the electorate."

The next Presidential election is scheduled for the first Sunday in December 2020, with the corresponding inauguration being the second Wednesday of January 2021.

Prior to independence, Mr. Nazarbayev was First Secretary of the Communist Party of the Kazakh SSR. He was first elected President on 1 December 1991, for a 5-year term. On 29 April 1995, his first term was extended until 2000. On 10 January 1999, President Nazarbayev was reelected for a 7-year term (until the end of 2005). On 4 December 2005, he was reelected for another 7- year term (until the end of 2012). An early election was held on 3 April 2011 and President Nazarbayev was reelected for a 5-year term ending in 2016.

Under the current Constitution, 7 a person may not be elected as President for more than 2 consecutive terms. This provision was amended in May 2007 to exempt the First President of Kazakhstan (as defined in the legislation) from this limitation. In June 2010, amended the legislation by naming the First President as the "Leader of the Nation" for life, with additional authorities and guarantees.8

5 Decree No. 10189 " On Appointment of Extraordinary Elections of the President of the Republic of Kazakhstan. "

6 "Under Shadow of Hostility and Distrust, Kazakhstan Faces Tough Choices," The Financial Times , 24 April 2015.

7 This is the Republic's second Constitution since independence.

8 Constitutional Law " On the First President of the Republic of Kazakhstan – Leader of the Nation " No. 83II dated 20 July 2000, as amended 14 June 2010 and subsequently. The President refused to sign the amendments making him "Leader for Life," but as the result of overwhelming support of the members of Parliament those amendments took effect without the President's signature.

2 Kazakhstan Reelects its President in Early Elections | 28 April 2015

Legal Alert

The President appoints the Prime Minister, who is charged with heading the Government. The current Prime Minister, Karim Masimov, 49, was appointed in April 2014. Mr. Masimov also served as Prime Minister from 2007-2012.

Kazakhstan has a bi-cameral Parliament, consisting of the Majilis (lower house) and the (). The Majilis has 107 deputies, having a 5-year term. 98 deputies are elected by citizens and 9 are elected by the Assembly of Population of Kazakhstan. The Senate has 47 senators, having a 6-year term. 32 senators are elected by 16 maslikhats (the legislative bodies for 14 oblasts, Astana and Almaty), in 2 staggered groups. 15 senators are appointed by the President.

Under the Constitution, 9 if the position of President becomes vacant, his authorities are transferred to the Chairman of the Senate for the remainder of the President's term (except the authority to initiate changes to the Constitution). The current Chairman of the Senate is Kasym-Zhomart Tokaev. Mr. Tokaev, 61, served as Prime Minister from 1999 to 2002 and was elected to the Senate in 2013.

The next election for the Majilis deputies will be held in January 2017 and the next election for 16 senators will be held in August 2017.

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This LEGAL ALERT is issued to inform clients and other interested parties of time sensitive legal developments which may effect or otherwise be of special interest to them. The comments above do not constitute legal advice or opinion and should not be regarded as a substitute for detailed legal advice in individual cases.

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Kuben Abzhanov, Associate +7 727 330 05 00 kuben.abzhanov@bakermckenzie. com

Baker & McKenzie - CIS, Limited Samal Towers, 8th floor 97, Zholdasbekov St. Samal-2, 050051 Almaty Republic of Kazakhstan Tel: + 7 727 330 05 00 9 Article 48.1 of the Constitution. Fax: + 7 727 258 40 00 almaty @bakermckenzie.com 3 Kazakhstan Reelects its President in Early Elections | 28 April 2015