Supreme Court Deems Refusal to Register Candidate for Deputy as Illegal
March 3, 2023
Early elections of deputies of the Mazhilis of the Parliament and Maslikhats will be held on March 19, 2023.
The district election commission (DEC) of the single-mandate territorial constituency No. 3 on the election of a deputy of the Majilis of Parliament citizen T. was denied registration as a candidate, but the Supreme Court declared this decision illegal, reports Vecher.kz.
T. filed a lawsuit to repeal the protocol decision to deny registration as a candidate for deputy of the Mazhilis of the Parliament in the election to be held on March 19, 2023.
The plaintiff believes that he meets the requirements of the Constitution and electoral legislation. The candidate submitted a declaration of assets and liabilities, paid election fee. But she was denied registration as a candidate for deputy.
The defendant expressed doubts about the authenticity of the receipt presented by the plaintiff on the payment of the election fee while she was under house arrest. The argument was a letter from the General Prosecutor's Office with a reference to the ruling of the investigative court on the election of a preventive measure against the plaintiff.
However, the bank at the request of the court provided information on the acceptance of the transfer from the plaintiff to the special account of the Central Election Commission.
Thus, the defendant violated the principle of presumption of reliability. Documents provided in an administrative procedure are presumed reliable until the administrative body establishes otherwise. By expressing doubts about the authenticity of the receipt provided by the plaintiff to the election commission and by adopting the contested decision, the defendant failed to prove the contrary.
While the plaintiff was under house arrest, a proxy who was allowed by the DEC to attend the February 17, 2023 election commission meeting acted on her behalf. Pursuant to the authorized authority to make payments, this person made payment of the election fee and filed the appropriate declaration.
Taking into consideration the fundamental principles - the presumption of trustworthiness and the principle of priority of rights, the court recognized the plaintiff's claim to be lawful.
The district election commission (DEC) of the single-mandate territorial constituency No. 3 on the election of a deputy of the Majilis of Parliament citizen T. was denied registration as a candidate, but the Supreme Court declared this decision illegal, reports Vecher.kz.
T. filed a lawsuit to repeal the protocol decision to deny registration as a candidate for deputy of the Mazhilis of the Parliament in the election to be held on March 19, 2023.
The plaintiff believes that he meets the requirements of the Constitution and electoral legislation. The candidate submitted a declaration of assets and liabilities, paid election fee. But she was denied registration as a candidate for deputy.
The defendant expressed doubts about the authenticity of the receipt presented by the plaintiff on the payment of the election fee while she was under house arrest. The argument was a letter from the General Prosecutor's Office with a reference to the ruling of the investigative court on the election of a preventive measure against the plaintiff.
However, the bank at the request of the court provided information on the acceptance of the transfer from the plaintiff to the special account of the Central Election Commission.
Thus, the defendant violated the principle of presumption of reliability. Documents provided in an administrative procedure are presumed reliable until the administrative body establishes otherwise. By expressing doubts about the authenticity of the receipt provided by the plaintiff to the election commission and by adopting the contested decision, the defendant failed to prove the contrary.
While the plaintiff was under house arrest, a proxy who was allowed by the DEC to attend the February 17, 2023 election commission meeting acted on her behalf. Pursuant to the authorized authority to make payments, this person made payment of the election fee and filed the appropriate declaration.
Taking into consideration the fundamental principles - the presumption of trustworthiness and the principle of priority of rights, the court recognized the plaintiff's claim to be lawful.
Source: vecher.kz
