Unofficial translation
We, the united people of Kazakhstan,
strengthening statehood on the ancestral Kazakh land,
keeping up the continuity of the millennia-old history of the Great Steppe,
affirming the unitarity of the State, the inviolability of its borders and territorial integrity,
pursuing the idea of a Justice-based Kazakhstan and the principle of Law and Order,
declaring strict observance of human and civil rights and freedoms,
relying on the principles of unity and solidarity, interethnic and interfaith harmony,
guided by the values of culture and education, science and innovation,
recognizing the need of preserving nature,
striving for peace and friendship with all countries,
aware of our grave responsibility to future generations,
adopt this Constitution – the Fundamental Law of the Republic of Kazakhstan.
Section I Fundamentals of the Constitutional System
Article 1
The Republic of Kazakhstan is a democratic, secular, law-bound and social State. The supreme value of the State shall be man, his life, rights and freedoms.
Article 2
1. The Republic of Kazakhstan shall be a unitary State. The form of government shall be a presidential republic.
2. The sovereignty of the Republic of Kazakhstan extends over its entire territory.
The State shall ensure the integrity, inviolability and inalienability of its territory.
3. The administrative-territorial structure of the Republic of Kazakhstan shall be determined by constitutional law.
4. The capital of the Republic of Kazakhstan shall be Astana. The status of the capital shall be determined by constitutional law.
5. The names “The Republic of Kazakhstan” and “Kazakhstan” shall be equivalent.
6. The national currency (monetary unit) of the Republic of Kazakhstan shall be the tenge (KZT).
The Republic of Kazakhstan holds the exclusive right to issue the tenge.
7. The Sovereignty, Independence, unitarity, territorial integrity, the form of government of the Republic of Kazakhstan shall be immutable.
Article 3
1.The fundamental principles of the Republic of Kazakhstan shall be: protecting the Sovereignty and Independence; respecting human and civil rights and freedoms; ensuring the rule of law and order; strengthening the national unity; improving the well-being of the people; promoting the idea of responsible, constructive patriotism; fostering public dialogue; upholding the values of diligence, progress, knowledge; fostering a high level of environmental culture; preserving historical and cultural heritage; supporting national culture.
2. The Republic of Kazakhstan recognizes the development of human capital, education, science, and innovation as a strategic direction of state activity.
Article 4
1. The people of Kazakhstan shall be the sole source of state power and the bearer of Sovereignty.
2. The people shall exercise power directly through national referenda and free elections, and also delegate the exercise of their power to state bodies.
3. No one may usurp power in the Republic of Kazakhstan. The usurpation of power shall be prosecuted by law. The right to act on behalf of the people and the State shall belong to the President of the Republic of Kazakhstan, and also to the Kurultai of the Republic of Kazakhstan within its constitutional authority. The Government of the Republic of Kazakhstan and other state bodies shall act on behalf of the State within the powers delegated to them.
4. State power in the Republic of Kazakhstan shall be unified and exercised on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and their interaction.
Article 5
1. The current law of the Republic of Kazakhstan shall consist of the provisions of the Constitution, corresponding laws, regulatory resolutions of the Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, other regulatory legal acts and the international treaty obligations of the Republic of Kazakhstan.
2. The Constitution shall have supreme legal force and direct effect throughout the territory of the Republic of Kazakhstan.
3. The application procedure of international treaties within the territory of the Republic of Kazakhstan shall be determined by law.
4. All laws and international treaties ratified by the Republic of Kazakhstan shall be published. Official publication of regulatory legal acts concerning the rights, freedoms and obligations of the citizens shall be a mandatory condition for their application.
5. Laws imposing new obligations on citizens or worsening their status shall not have retroactive effect.
Laws establishing or increasing liability shall not have retroactive effect.
If a new law abolishes or mitigates liability for a previously committed offense, the new law shall apply.
6. For the purpose of accelerating the economic development of certain regions of the Republic of Kazakhstan, a special legal regime in the financial sector or a special legal regime for “a city of accelerated development” may be established in accordance with constitutional laws. The said special legal regimes may provide for specific aspects of public administration and functioning of the judicial system.
Article 6
1. Ideological and political diversity shall be recognized in the Republic of Kazakhstan.
2. Public associations shall be equal before the law. Unlawful state interference in the affairs of public associations, public associations in state affairs, also assignment of state functions to public associations shall be prohibited. Establishing political party organizations within state bodies shall not be permitted.
3. Creation and activities of public associations pursuing the goals or actions directed at violent change of the foundations of the constitutional order, violation of the integrity of the Republic of Kazakhstan or public order, undermining of national security, incitement of war, social, racial, national, or religious discord, or creation of paramilitary formations not provided for by law, shall be prohibited.
4. The activities of political parties and trade unions of other states, political parties based on religion and financing of political parties and trade unions by foreign legal entities, foreign nationals and stateless persons, legal entities with foreign participation, foreign states and international organizations shall not be permitted.
5. Information on the movement of funds and assets of non-profit organizations received from foreign states, international and foreign legal entities, foreign nationals and stateless persons must be open and accessible in accordance with the laws of the Republic of Kazakhstan.
Article 7
1. Religion shall be separated from the State.
2. The activities of religious organizations in Kazakhstan shall be carried out in accordance with the law and may be restricted to protect the foundations of the constitutional order, human and civil rights and freedoms, ensure national security, safeguard public order, public health and public morality.
Article 8
1. Property of all forms in the Republic of Kazakhstan shall be recognized, guaranteed and equally protected.
2. The use of property shall serve the interests of the society and the State, shall be exercised in compliance with established environmental protection requirements and shall not infringe on the legally protected rights and interests of other persons protected by law. The subjects and objects of property, the scope and limits of the exercise of rights by owners, guarantees for their protection shall be determined by law.
3. Land and its subsoil resources, waters, flora and fauna, other natural resources shall belong to the people. The State shall exercise ownership rights on behalf of the people. Land may also be privately owned on the grounds, conditions and within the frames established by law.
Article 9
1. The state language of the Republic of Kazakhstan shall be Kazakh.
2. The Russian language shall be officially used along with the Kazakh language in state organizations and local government bodies.
3. The State is committed to creating conditions for the study and development of the languages of the united people of Kazakhstan.
Article 10
The Republic of Kazakhstan shall respect the principles and norms of the international law and pursue the foreign policy of peace and cooperation with interested states, non-interference in their internal affairs, peaceful settlement of international disputes.
Article 11
The Republic of Kazakhstan shall have state symbols: the State Flag, the State Emblem and the State Anthem. Their description and the procedure for their use shall be established by constitutional law.
Section II Fundamental Rights, Freedoms and Responsibilities
Article 12
1. Everyone shall have the right to recognition of their legal capacity.
Everyone shall have the right to defend their rights and freedoms by all means consistent with the law, including the necessary self-defense.
2. Everyone shall have the right to judicial protection of their rights and freedoms.
3. The right to receive qualified legal assistance in accordance with the law shall be recognized in the Republic of Kazakhstan.
Article 13
1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated in accordance with the law and shall be uniform and equal regardless of the grounds for its acquisition.
2. A citizen of the Republic of Kazakhstan may not be deprived of citizenship, of the right to change citizenship, or expelled from Kazakhstan. Deprivation of citizenship shall be permitted only by a court ruling for committed terrorist crimes, and also for causing other grave harm to the national interests of the Republic of Kazakhstan.
3. A citizen of the Republic of Kazakhstan may not hold dual or multiple citizenship. Having another citizenship shall be the ground for terminating the citizenship of the Republic of Kazakhstan. With respect to minor children, who have acquired the citizenship of a foreign state by virtue of their birth, the provisions established by the law shall apply.
Article 14
1. A citizen of the Republic of Kazakhstan may not be extradited to a foreign state, unless otherwise provided by the international treaties of the Republic of Kazakhstan.
2. The Republic of Kazakhstan shall guarantee protection to its citizens outside its borders in accordance with the law.
Article 15
1. In the Republic of Kazakhstan human rights and freedoms shall be recognized and guaranteed in accordance with the Constitution.
2. Human rights and freedoms shall belong to everyone from birth, shall be recognized as inalienable and non-transferrable, and shall determine the content and application of the law in force in the Republic of Kazakhstan.
3. A citizen of the Republic of Kazakhstan shall have rights and bear duties by virtue of their citizenship.
4. Foreign nationals and stateless persons shall enjoy the rights and freedoms and bear the duties established for citizens of the Republic of Kazakhstan in cases stipulated by the Constitution, laws and international treaties.
5. The exercise of human and civil rights and freedoms must not violate the rights or restrict the freedoms of other persons, nor infringe on the foundations of the constitutional system, public order, the health of citizens and public morality.
6. Everyone shall have the right to compensation from the state for damages caused by unlawful actions of state bodies or their officials.
Article 16
1. Everyone shall be equal before the law and the court.
2. Citizens of the Republic of Kazakhstan, foreign nationals and stateless persons residing or temporarily staying in the Republic of Kazakhstan may not be discriminated against on the grounds of origin, social, occupational, property status, gender, race, ethnic background, language, attitude to religion, beliefs, place of residence or any other circumstances.
Article 17
1. The right to life shall be inalienable and non-transferrable right of everyone.
2. No one shall have the right to arbitrarily deprive a person of life.
3. Death penalty shall be prohibited.
Article 18
1. Every person shall be guaranteed the right to personal liberty and inviolability.
2. Without a court order no person may be detained beyond the periods, provided by law.
Remanding in custody shall be permitted only by a court decision with the right of appeal granted.
3. Every person shall be informed of the grounds for restricting their liberty and of their rights at the time of detention.
4. Every detainee, suspect, or accused person shall have the right to the assistance of a lawyer (defense counsel) from the moment of detention, recognition as a suspect, or bringing of charges respectively.
Article 19
1. A person shall be presumed innocent of a criminal offense until proven guilty by a final court verdict.
2. No one shall be obligated to testify against themselves, their spouse, or close relatives, the scope of which is determined by law.
Clergy shall not be obligated to testify against those, who confided in them during a confession.
3. A person may not be held criminally or administratively liable more than once for the same offense.
Article 20
1. Human honor and dignity shall be inviolable and protected by law.
2. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment.
Article 21
1. The right to inviolability of private life, personal and family confidentiality, protection of personal data against unlawful collection, processing, storage and use, including through the use of digital technologies, shall be guaranteed by law.
2. The confidentiality of banking operations, personal deposits and savings, correspondence, telephone conversations, postal and other communications transmitted by means of communication, including through the use of digital technologies, shall be protected by law. Restrictions on this right shall be permitted only in cases and in the procedure established by law.
3. State bodies, public associations, officials and the media shall be obliged to provide every citizen with the possibility of acquainting with the documents, decisions and information sources that affect their rights and interests.
Article 22
1. Everyone shall have the right to decide, whether or not to indicate their ethnicity.
2. Every person shall have the right to use their native language and culture, freely choose the language of communication, education, upbringing, creative activity.
Article 23
1. Freedom of speech, scientific, technical and artistic creation shall be guaranteed.
2. Intellectual property shall be protected by law.
3. The right to freely receive and disseminate information, with the exception of state secrets, shall be exercised by any means not prohibited by law. The list of information, constituting state secrets of the Republic of Kazakhstan shall be determined by law.
4. Freedom of speech and freedom to disseminate information shall not infringe upon the honor and dignity of other persons, the health of citizens, public morality or disturb public order.
5. Censorship shall be prohibited.
6. Advocacy of violent change of the foundations of the constitutional order, encroachment on the territorial integrity, Sovereignty and Independence of the Republic of Kazakhstan, disturbing of public order, undermining of national security, war, armed conflict, social, racial, national, ethnic, religious superiority or discord, the cult of cruelty and violence, and also calls for such actions, shall not be permitted.
Article 24
1. Every person legally staying in the territory of the Republic of Kazakhstan shall have the right to freely move within its territory and freely choose their place of residence, except in cases established by law.
2. Every person shall have the right to travel outside the Republic of Kazakhstan. This right may be restricted in cases and according to the procedure, established by law. Citizens of the Republic of Kazakhstan shall have the right to unimpeded return to the Republic of Kazakhstan.
Article 25
1. Every person shall have the right to freedom of conscience.
2. The exercise of the right to freedom of conscience shall not restrict the universal human and civil rights, duties to the State.
Article 26
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of association. The activities of public associations shall be regulated by law.
2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, Chairmen and members of the Central Election Commission and the Supreme Audit Chamber of the Republic of Kazakhstan, employees and staff of law enforcement and special state bodies, as well as military servicemen may not be members of a political party or trade union, act in support of or against any political party or socio-political movement.
Article 27
1. Every person shall have the right to work, free choice of occupation and profession. Forced labor shall be permitted on the basis of a court ruling, finding a person guilty of a criminal or administrative offense or under conditions of a state of emergency or martial law.
2. The Republic of Kazakhstan shall guarantee the right to working conditions that meet safety and hygiene requirements, to remuneration for work without discrimination, and also to social protection in accordance with the law.
3. The right to individual and collective labor disputes, using the means of resolution established by law shall be recognized.
4. The right to rest, duration of working hours, days off and holidays, paid leave shall be guaranteed by law.
Article 28
1. The right to housing shall be inviolable. Deprivation of housing and eviction from it shall not be permitted, except by court order. Entry into a dwelling, its inspection and search shall be permitted in cases and in the manner, established by law.
2. The Republic of Kazakhstan shall create conditions for providing its citizens with accommodation. The categories of citizens in need of accommodation specified in the law shall be provided with it in accordance with established legal standards.
Article 29
1. Citizens of the Republic of Kazakhstan shall have the right to private ownership of any lawfully acquired property.
2. Ownership and the right of inheritance shall be guaranteed by law.
3. No one may be deprived of their property, unless otherwise stipulated by a court judgment. Forced alienation of property for state needs shall be permitted in exceptional cases, stipulated by law, on condition of its equivalent compensation.
4. The Republic of Kazakhstan shall guarantee the right to freedom of entrepreneurial activity, free use of own property for any lawful entrepreneurial activity. Monopolistic activity shall be regulated or restricted by law. Unfair competition shall be prohibited.
Article 30
1. Marriage and family, motherhood, fatherhood and childhood shall be protected by the State.
2. Marriage shall be a voluntary and equal union between a man and a woman, registered by the state in accordance with the law.
3. The care and upbringing of children shall be the natural right and duty of parents.
4. Adult, able-bodied children shall be obligated to care for their incapacitated parents.
Article 31
1. Citizens of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, social security benefits in old age, in case of illness, disability, loss of a breadwinner and on other lawful grounds.
2. Voluntary social insurance, creation of other forms of social security, volunteer activity and charity shall be encouraged in the Republic of Kazakhstan.
Article 32
1. Citizens of the Republic of Kazakhstan shall have the right to health care.
2. Citizens of the Republic of Kazakhstan shall have the right to a free medical care, as established by law.
3. Paid medical care shall be provided in public and private healthcare institutions, and also by individuals engaged in private medical practice on the grounds and in the procedure, established by law.
Article 33
1. Citizens of the Republic of Kazakhstan shall be guaranteed a free secondary education in state educational institutions. Primary and basic secondary education shall be mandatory.
2. Citizens of the Republic of Kazakhstan shall have the right to receive higher education in higher educational institutions in accordance with the law.
3. Receipt of paid education in private educational institutions shall be provided on the basis of and in accordance with the procedure established by law.
4. The State shall establish mandatory educational standards. The activities of all educational institutions must comply with these standards.
5. The education and upbringing system in educational institutions in the Republic of Kazakhstan shall be secular, with the exception of spiritual (religious) educational institutions.
Article 34
Citizens of the Republic of Kazakhstan shall have the right to peaceful assembly. The exercise of this right may be restricted by law for the purposes of protecting the foundations of the constitutional order, human and civil rights and freedoms, national security, public order, public health and public morality.
Article 35
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the governance of state affairs directly and through their representatives, and also to address personal and collective requests to state bodies and local governments.
2. Citizens of the Republic of Kazakhstan shall have the right to vote and be elected to state bodies and local governments, and also to participate in national referenda. The procedure for holding a national referendum shall be determined by constitutional law.
3. Citizens of the Republic of Kazakhstan, whose legal incapacity has been recognized by court, as well as citizens of the Republic of Kazakhstan who are serving a prison sentence on a court verdict, shall not be entitled to vote or participate in national referenda.
Citizens of the Republic of Kazakhstan, whose legal incapacity has been recognized by court, citizens of the Republic of Kazakhstan with unexpunged or unremoved conviction in accordance with the procedure established by law, as well as citizens of the Republic of Kazakhstan, whose guilt in committing a corruption crime or corruption offence has been proved in court in accordance with the procedure prescribed by law, shall not have the right to be elected.
4. Citizens of the Republic of Kazakhstan shall have equal access to public service. Requirements for candidates for public service positions shall relate solely to official duties, as provided by law.
Article 36
1. Every person shall comply with the Constitution and laws of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of others.
2. Every person shall respect the state symbols of the Republic of Kazakhstan.
Article 37
1. Citizens of the Republic of Kazakhstan shall be obliged to preserve nature and treat natural resources with care.
2. The state shall set the aim to protect the environment conductive to human life and health.
3. Concealment by officials of facts and circumstances that threaten human life and health or the environment shall entail liability in accordance with the law.
Article 38
Payment of legally established taxes, fees and other mandatory payments shall be the duty and obligation of every person.
Article 39
1. Defense of the Republic of Kazakhstan shall be the sacred duty and obligation of every citizen.
2. Citizens of the Republic of Kazakhstan shall perform military service in the manner and forms established by law.
Article 40
Citizens of the Republic of Kazakhstan shall be obliged to take care of the preservation of historical and cultural heritage and treat historical and cultural monuments with care.
Article 41
1. Human and civil rights and freedoms may be limited only by law and only to the extent necessary to protect the foundations of the constitutional order, human and civil rights and freedoms, ensure national security, protect public order, public health and public morality.
2. Actions capable of disrupting interethnic and interfaith harmony shall be recognized as unconstitutional.
3. Restriction of citizens’ rights and freedoms on political grounds shall be prohibited. The rights and freedoms provided for in Articles 12, 14, 16, 17, 20, 22, and 25 of the Constitution of the Republic of Kazakhstan may not be restricted under any circumstances.
Section III The President
Article 42
1. The President of the Republic of Kazakhstan shall be the Head of State, its highest official, determining the guidelines of the internal and foreign policy and representing Kazakhstan within the country and in international relations.
2. The President of the Republic of Kazakhstan shall be the symbol and guarantor of the unity of the people and state power, inviolability of the Constitution, the rights and freedoms of man and citizen of the Republic of Kazakhstan.
3. The President of the Republic of Kazakhstan shall ensure concerted and unimpeded functioning of all the state power branches and accountability of state bodies to the united people of Kazakhstan.
Article 43
1. The President of the Republic of Kazakhstan shall be elected in accordance with constitutional law by adult citizens of the Republic of Kazakhstan on the basis of universal, equal and direct suffrage by secret ballot for a term of seven years.
In accordance with the Constitution, the same person may not be elected President of the Republic of Kazakhstan more than once.
2. A citizen of the Republic of Kazakhstan by birth, who is at least forty years old, has a perfect command of the state language, has resided in Kazakhstan for the past fifteen years, with a higher education and at least five years of experience in the public service or in elected public office, may be elected President of the Republic of Kazakhstan.
3. Regular elections of the President of the Republic of Kazakhstan shall be held no later than two months prior to the expiration of the presidential term of office and may not coincide with elections of the Kurultai of a new convocation of the Republic of Kazakhstan.
4. A candidate who receives more than fifty percent of the votes cast by voters, who participated in the voting shall be deemed elected. If no candidate receives more than fifty percent of the votes, a second ballot shall be held between the two candidates, who received the highest number of votes. The candidate who receives the highest number of votes cast shall be deemed elected.
5. The provisions of paragraph 1 of this article shall not be subject to amendment.
Article 44
1. The President of the Republic of Kazakhstan shall assume office upon taking the following oath to the people: “I solemnly swear to faithfully serve the people of Kazakhstan, strictly observe the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens of the Republic of Kazakhstan, conscientiously perform the high duties of the President of the Republic of Kazakhstan entrusted to me.”
2. The oath shall be taken within one month from the date of publication of the election results in the presence of Kurultai deputies, judges of the Constitutional Court, the Supreme Court, ex-Presidents of the Republic of Kazakhstan, and also representatives of the public and invited foreign. citizens. In the case provided for in Article 51 of the Constitution, the oath shall be taken by the person who has assumed the powers of the President of the Republic of Kazakhstan within seven days of the date of early release from office due to voluntary resignation, persistent inability to fulfill the duties for health reasons or the removal of the President of the Republic of Kazakhstan from office, or from the date of his death.
3. The powers of the President of the Republic of Kazakhstan shall terminate from the moment the newly elected President of the Republic of Kazakhstan takes office, also in the event of early dismissal from office due to voluntary resignation, persistent inability to fulfill the duties for health reasons or the removal of the President of the Republic of Kazakhstan from office, or in the event of his death. All the former Presidents of the Republic of Kazakhstan, except those removed from office, shall hold the title of Former President of the Republic of Kazakhstan.
Article 45
1. During his term of office the President of the Republic of Kazakhstan may not be elected as a deputy of a representative body, hold other paid positions, engage in business activity, or be a member of a political party.
2. Close relatives of the President of the Republic of Kazakhstan may not hold positions as political public officials or as heads of quasi-public sector entities.
Article 46
The President of the Republic of Kazakhstan shall:
1) make state-of-the nation addresses on the situation in the country and the guidelines of the internal and foreign policy of the Republic of Kazakhstan;
2) with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoint the Vice President of the Republic of Kazakhstan; dismiss the Vice President from office, determine his powers.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to consent to the appointment of the Vice President, with the exception of cases stipulated in paragraph 3 of Article 62 of the Constitution;
3) call regular and extraordinary elections to the Kurultai of the Republic of Kazakhstan; convene the first session of the Kurultai and administer the oath of its deputies to the people of Kazakhstan; convene an extraordinary Kurultai session; sign the law submitted by the Kurultai within one month, promulgate the law, or return the law or individual articles thereof for re-discussion and voting;
4) after consultations with the factions of the political parties, represented in the Kurultai, submit to the Kurultai for approval a candidate for the post of Prime Minister of the Republic of Kazakhstan; with the consent of the Kurultai, expressed by a majority of votes of the total number of its deputies, appoint the Prime Minister; dismiss the Prime Minister from office; upon the Prime Minister’s recommendation determine the structure of the Government; upon the Prime Minister’s recommendation, submitted after consultations with the Kurultai, appoint members of the Government to positions; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government; administer the oath of the Government members; preside over meetings of the Government on particularly important issues.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment to the post of Prime Minister, with the exception of the cases, provided for in paragraph 3 of Article 62 of the Constitution;
5) appoint and dismiss the Chairman of the Constitutional Court, the Chairman of the Supreme Court, the Governor of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Central Election Commission, the Chairman of the Supreme Audit Chamber, the Chairman of the Supreme Judicial Council, the Head of the State Security Service of the Republic of Kazakhstan, the Human Rights Commissioner of the Republic of Kazakhstan;
6) establish, abolish, and reorganize state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, appoint and dismisses their chairmen;
7) appoint and recall the heads of diplomatic missions of the Republic of Kazakhstan;
8) with the Kurultai consent, expressed by a majority of votes of the total number of its deputies, appoint ten judges of the Constitutional Court for a term of eight years, six members of the Central Election Commission for a term of five years, eight members of the Supreme Audit Chamber for a term of five years; dismiss them from office.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber, with the exception of cases provided for in paragraph 3 of Article 62 of the Constitution;
9) act as the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, appoint and dismiss the high command of the Armed Forces;
10) adopt decisions on holding a national referendum;
11) in the interests of protecting the rights and freedoms of man and citizen of the Republic of Kazakhstan, ensuring national security, sovereignty and integrity of the state apply to the Constitutional Court for reviewing a law or other legal act that has entered into force for compliance with the Constitution, for issuing an opinion in the case provided for in Article 93 of the Constitution;
12) conduct negotiations and sign international treaties on behalf of the Republic of Kazakhstan; sign ratification instruments; accept credentials and letters of recall from the heads of diplomatic missions of foreign states accredited in the Republic of Kazakhstan, and also of the heads of international organizations;
13) establish state awards and honorary titles;
14) confer state awards, honorary titles, the highest military and other ranks, class ranks, diplomatic ranks, qualification classes;
15) resolve issues of citizenship of the Republic of Kazakhstan and granting of political asylum;
16) grant pardons;
17) if the independence and territorial integrity, internal political stability of the Republic of Kazakhstan, security of its citizens are under immediate threat, which has disrupted the functioning of state constitutional bodies, after official consultations with the Prime Minister and the Chairman of the Kurultai of the Republic of Kazakhstan take measures, dictated by the aforementioned circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in certain areas thereof, the use of the Armed Forces of the Republic of Kazakhstan;
18) in the event of aggression against the Republic of Kazakhstan or an imminent external threat to its security, introduce martial law throughout the territory of the Republic of Kazakhstan or in specific regions thereof, declare partial or general mobilization, immediately inform the Kurultai of the Republic of Kazakhstan thereof;
19) form the State Security Service subordinate to him;
20) form the Administration of the President of the Republic of Kazakhstan;
21) form the Security Council, other consultative and advisory bodies and the Supreme Judicial Council;
22) exercise other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.
Article 47
1. On the basis of and in pursuance of the Constitution and laws, the President of the Republic of Kazakhstan shall issue decrees and orders that shall be binding throughout the territory of the Republic of Kazakhstan.
2. During a temporary absence of the Kurultai due to early termination of its powers, the President of the Republic of Kazakhstan shall issue decrees that have the force of constitutional laws or laws of the Republic of Kazakhstan.
3. Before being signed by the President of the Republic of Kazakhstan, laws shall be preliminarily countersigned by the Kurultai Chairman and the Prime Minister, who shall be responsible for their compliance with the Constitution and laws.
Acts of the President of the Republic of Kazakhstan, issued on the initiative of the Government, shall be preliminarily countersigned by the Prime Minister, who shall bear responsibility for their compliance with the Constitution and the laws.
Article 48
1. The President of the Republic of Kazakhstan, his honor and dignity shall be inviolable.
The President of the Republic of Kazakhstan shall not be held criminally or administratively liable for actions committed during the exercise of his presidential powers, with the exception of high treason.
2. The President of the Republic of Kazakhstan and the President’s family shall be provided with security, service, and maintenance at the expense of the State.
3. The provisions of this article shall apply to Former Presidents of the Republic of Kazakhstan.
Article 49
1. The Vice President of the Republic of Kazakhstan shall be appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai of the Republic of Kazakhstan, expressed by a majority vote of the total number of its deputies.
2. During his term in office the Vice President shall not be elected as a deputy of a representative body, hold other paid positions, engage in business activity, or be a member of a political party.
3. The Vice President, upon instruction from the President of the Republic of Kazakhstan, shall represent the latter in interactions with the Kurultai, the Government and other state bodies, and shall also exercise other powers, determined by the President.
Article 50
1. The President of the Republic of Kazakhstan shall have the right to voluntarily resign by submitting an application to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court shall confirm that the President of the Republic of Kazakhstan has personally and voluntarily submitted the resignation. From the moment the Constitutional Court issues its conclusion, the President of the Republic of Kazakhstan shall be deemed relieved of office due to voluntary resignation.
2. The President of the Republic of Kazakhstan may be relieved of office early due to persistent inability to fulfill the duties for health reasons. In this case, the Kurultai shall establish a commission consisting of deputies and specialists in the relevant fields of medicine. The decision on early dismissal shall be made at a Kurultai session by a majority of at least three-quarters of the total number of deputies, based on the commission’s conclusion and the Constitutional Court’s conclusion on compliance with the established constitutional procedures.
3. The President of the Republic of Kazakhstan shall be held liable for actions committed in the exercise of his powers only in the event of high treason and may be removed from office for such actions by the Kurultai. The initiative to bring charges against the President of the Republic of Kazakhstan for high treason and to investigate the charges shall be proponed by no less than one-third of the total number of Kurultai deputies. The resolution on it shall be adopted by a majority vote of the total number of Kurultai deputies. The investigation into the charges shall be organized by the Kurultai, and its findings shall be submitted for consideration at a Kurultai meeting by a majority vote of no less than three-quarters of the total number of deputies, subject to the presence of a ruling by the Supreme Court on the validity of the charges and the ruling by the Constitutional Court on compliance with established constitutional procedures. Failure to adopt a final decision within two months from the date the charge was brought shall result in recognition of the charges against the President of the Republic of Kazakhstan as rejected. Rejection of the charge of high treason against the President of the Republic of Kazakhstan at any stage shall entail early termination of the powers of the Kurultai deputies who initiated the consideration of this matter.
4. The issue of removing the President of the Republic of Kazakhstan from office may not be raised during the period of consideration by him of the early termination of the Kurultai powers.
Article 51
1. In the event of early dismissal of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to fulfill the duties for health reasons, or removal of the President of the Republic of Kazakhstan from office, also in the event of his death, the powers of the President of the Republic of Kazakhstan shall pass to the Vice President. If the Vice President is unable to assume the powers of the President of the Republic of Kazakhstan for health reasons or other personal reasons, the powers of the President of the Republic of Kazakhstan shall pass to the Chairman of the Kurultai. If the Chairman of the Kurultai is unable to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan shall pass to the Prime Minister.
The person who decides to decline to assume the powers of the President of the Republic of Kazakhstan shall submit to the Constitutional Court a statement of refusal to assume the powers of the President of the Republic of Kazakhstan. The Constitutional Court shall certify that the person has personally and voluntarily submitted a statement of refusal to assume the powers of the President of the Republic of Kazakhstan and shall issue a conclusion.
The person who assumes the powers of the President of the Republic of Kazakhstan shall resign from the positions of Vice President, Chairman of the Kurultai and Prime Minister respectively. In this case vacant government positions shall be filled in accordance with the procedure, stipulated by the Constitution.
2. Within seven days of the early dismissal of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to fulfill the duties for health reasons or removal of the President of the Republic of Kazakhstan, or the date of his death the Kurultai shall announce the holding of elections for the President of the Republic of Kazakhstan. The election shall be held within two months from the date, on which the Kurultai adopts the relevant decision.
3. The person who has assumed the powers of the President of the Republic of Kazakhstan in accordance with paragraph 1 of this article shall not have the right to initiate amendments or additions to the Constitution, and also to dissolve the Kurultai.
Section IV Kurultai
Article 52
1. The Kurultai of the Republic of Kazakhstan shall be the highest representative body of the Republic of Kazakhstan, exercising legislative power.
2. The powers of the Kurultai shall commence with the opening of its first session and shall terminate with the opening of the first session of the Kurultai of a new convocation.
3. The powers of the Kurultai may be terminated early in the cases and according to the procedure, stipulated by the Constitution.
4. The organization and activities of the Kurultai and the legal status of its deputies shall be determined by constitutional law.
Article 53
1. The Kurultai shall consist of one hundred and forty-five deputies, elected in the procedure established by constitutional law, under the system of proportional representation within a single nationwide electoral constituency.
2. The Kurultai deputies’ tenure shall be five years.
Article 54
1. The election of Kurultai deputies shall be based on universal, equal and direct suffrage by secret ballot. Regular elections of deputies to the Kurultai shall be held no later than two months before the end of the term of the current convocation of the Kurultai.
2. Extraordinary elections of Kurultai deputies shall be held within two months of the early termination of the Kurultai term.
3. A person who has reached the age of twenty-five, is a citizen of the Republic of Kazakhstan and has permanently resided in its territory for the past ten years may be a Kurultai deputy.
4. The elections of deputies to the Kurultai shall be regulated by constitutional law.
5. Kurultai deputies shall take an oath to the people of Kazakhstan.
Article 55
1. Kurultai deputies shall be obliged to participate in its work. Voting in the Kurultai shall be carried out personally by a deputy. A deputy’s unexcused absence from meetings of the Kurultai and its bodies more than three times, as well as the transfer of voting rights, shall entail disciplinary measures, established by law.
2. A Kurultai deputy may not be a deputy of another representative body, hold any paid positions other than teaching, research, or creative work, engage in business activity, or serve on the governing body or supervisory board of a commercial organization. Violation of these requirements shall entail termination of the deputy’s powers.
3. A Kurultai deputy may not be detained during his term of office, except in cases of detention at the scene of crime or commission of grave or especially grave crimes, held in custody, subjected to compulsory appearance, subjected to administrative penalties imposed by a court, or brought to criminal liability without the consent of the Kurultai.
4. The powers of a Kurultai deputy shall terminate in the event of his resignation, death, a final court ruling declaring the deputy legally incapacitated, deceased or missing and in other cases stipulated by the Constitution and constitutional law.
A Kurultai deputy shall be deprived of his mandate in the event of:
1) departure for permanent residence outside Kazakhstan;
2) entry into force of a court judgment convicting them;
3) termination of citizenship of the Republic of Kazakhstan;
4) withdrawal from or expulsion from the political party, from which they were elected;
5) termination of the activities of the political party from which they were elected.
The powers of Kurultai deputies shall terminate in the event of the Kurultai dissolution.
5. Preparation of issues related to the application of punitive measures to deputies, their compliance with the requirements of paragraph 2 of this article, the rules of parliamentary ethics, as well as the termination of the deputies’ powers, deprivation of their powers and parliamentary immunity shall be assigned to the Central Election Commission of the Republic of Kazakhstan.
Article 56
The Kurultai shall:
1) adopt constitutional law and laws;
2) conduct a reconsideration and vote on laws or articles of law that have raised objections from the President of the Republic of Kazakhstan, within one month of the date the objections were raised. Failure to meet this deadline shall mean acceptance of the President’s objections. If the Kurultai, by a majority of three-quarters of the total number of deputies with respect to constitutional laws or articles of a constitutional law, and by a majority of two-thirds of the total number of deputies with respect to laws or articles of a law, overrules the objections of the President, the President shall sign the constitutional law or law within one month. If the President’s objections are not overruled, the constitutional law or law shall be deemed not adopted or adopted in the wording proposed by the President;
3) take decisions on war and peace;
4) adopt, upon the proposal of the President of the Republic of Kazakhstan a decision on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations to maintain peace and security;
5) announce the election of the President of the Republic of Kazakhstan;
6) initiate holding of a national referendum;
7) by a majority of votes of the total number of Kurultai deputies give consent to the President of the Republic of Kazakhstan to appoint the Vice President of the Republic of Kazakhstan;
8) by a majority of votes of the total number of Kurultai deputies give consent to the President of the Republic of Kazakhstan to appoint the Prime Minister of the Republic of Kazakhstan;
9) by a majority of votes of the total number of Kurultai deputies give consent to the appointment by the President of the Republic of Kazakhstan of judges of the Constitutional Court, members of the Central Election Commission and the Supreme Audit Chamber;
10) elect and upon the recommendation of the President of the Republic of Kazakhstan dismiss judges of the Supreme Court of the Republic of Kazakhstan and administer their oath;
11) waive the immunity of judges of the Constitutional Court and the Supreme Court;
12) terminate the powers of a Kurultai deputy, and upon the recommendation of the Prosecutor General of the Republic of Kazakhstan decide on waiving immunity of a Kurultai deputy;
13) have the right upon the initiative of at least one-fifth of the total number of Kurultai deputies to express a vote of no confidence in the Government by a majority of the total number of Kurultai deputies;
14) hear annual reports of the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;
15) hear the report of the Chairman of the Supreme Audit Chamber twice a year;
16) discuss and approve the reports of the Government and the Supreme Audit Chamber on the national budget execution. Non-approval by the Kurultai of the Government’s report on the republican budget execution shall mean that the Kurultai expresses a vote of no confidence in the Government;
17) have the right at the initiative of at least one-third of the total number of Kurultai deputies to hear reports from members of the Government of the Republic of Kazakhstan on matters relating to their activities. Following the hearing of the report by a majority of at least two-thirds of the total number of deputies the Kurultai shall have the right to adopt a resolution to address the President of the Republic of Kazakhstan regarding the dismissal of a Government member in the event of his failure to comply with the laws of the Republic of Kazakhstan. In this case the President of the Republic of Kazakhstan shall dismiss the member of the Government;
18) conduct hearings on matters within its jurisdiction;
19) adopt its Rules of procedure and other decisions on matters related to the organization and internal procedures of the Kurultai;
20) form the coordinating and working bodies of the Kurultai;
21) form Kurultai commissions, elect and dismiss chairpersons, and hear performance reports of the commissions;
22) exercise other powers assigned to the Kurultai by the Constitution.
Article 57
1. The Kurultai shall be headed by the Chairman, elected from among deputies fluent in the state language, by secret ballot by a majority vote of the total number of the Kurultai deputies. A candidate for the position of the Kurultai Chairman shall be nominated by the President of the Republic of Kazakhstan.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to elect the Chairman of the Kurultai.
2. The Chairman of the Kurultai may be removed from office and may also resign if a majority of the total number of deputies of the Kurultai voted in favor of it.
3. The Chairman of the Kurultai shall:
1) convene and preside over the Kurultai meetings;
2) exercise general supervision over the preparation of issues submitted for consideration to the Kurultai;
3) nominate candidates for election to the Kurultai for the positions of Vice-Chairmen of the Kurultai;
4) ensure observance of the Rules of Procedure in the activities of the Kurultai;
5) oversee the activities of the Kurultai’s coordinating body;
6) sign acts issued by the Kurultai;
7) perform other duties assigned by the Rules of Procedure of the Kurultai.
4. The Kurultai Chairman shall open the Kurultai sessions, unless otherwise provided by the Constitution.
5. The Kurultai Chairman shall issue orders on matters within his jurisdiction.
Article 58
1. A Kurultai session shall be held in the form of meetings.
2. The first session of the Kurultai shall be convened by the President of the Republic of Kazakhstan no later than thirty days from the date of publication of the election results.
3. Regular sessions of the Kurultai shall be held once a year, starting from the first working day of September and continuing until the last working day of June.
4. A session shall be opened and closed at a meeting of the Kurultai. A Kurultai session shall be generally opened by the President of the Republic of Kazakhstan. Between Kurultai sessions the President of the Republic of Kazakhstan on his own initiative, at the proposal of the Kurultai Chairman or at least one-third of the total number of Kurultai deputies may convene an extraordinary session of the Kurultai. Only the issues that served as the ground for its convocation may be considered at such a meeting.
5. Kurultai meetings shall be valid, if at least two-thirds of the total number of Kurultai deputies are present.
6. Kurultai meetings shall be open to the public. In cases stipulated by the Rules of Procedure, closed meetings may be held. The President of the Republic of Kazakhstan, the Vice President, the Prime Minister and the Government members, the Chairman of the Kazakhstan People’s Council (Қазақстан Халық Кеңесі), the Governor of the National Bank, the Prosecutor General and the Chairman of the National Security Committee shall have the right to attend any meetings and to be heard.
Article 59
1. The Kurultai shall form standing committees, whose number shall be determined by constitutional law, and also commissions.
2. Committees and commissions shall issue resolutions on matters within their jurisdiction.
Article 60
1. The President of the Republic of Kazakhstan, the Kurultai deputies, the Government, Kazakhstan Halyk Kenesi (Kazakhstan People’s Council) shall have the right of legislative initiative, which shall be exercised exclusively in the Kurultai.
2. The President of the Republic of Kazakhstan shall have the right to determine the priority for consideration of draft laws, meaning that the relevant bills must be adopted as a matter of urgency within two months.
3. The Kurultai shall have the right to issue laws regulating the most important social relations and establishing fundamental principles and norms concerning:
1) the legal capacity of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;
2) the ownership regime and other property rights;
3) the principles of organization and activities of state bodies and local government bodies, civil and military service;
4) taxation, establishment or abolition of fees and other mandatory payments;
5) the national budget, issues of state loans and provision of economic and other assistance by the Republic of Kazakhstan;
6) issues of the judicial system and legal proceedings;
7) amnesty issues;
8) education, science, culture, healthcare, and social security;
9) privatization of enterprises and their property;
10) environmental protection;
11) administrative-territorial structure of the Republic of Kazakhstan;
12) ensuring defense and security of the state;
13) state symbols of the Republic of Kazakhstan;
14) ratification of international treaties and their denunciation;
15) state awards and honorary titles;
16) other issues in accordance with the Constitution.
4. Bills submitted as legislative initiatives by the Government of the Republic of Kazakhstan for the purpose of promptly responding to conditions that pose a threat to the life and health of the population, constitutional order, protection of public order and the country’s economic security shall be subject to immediate consideration by the Kurultai.
If the bills referred to in the first part of this paragraph are submitted to the Kurultai, the Government shall have the right to adopt under its own responsibility temporary regulatory legal acts having the force of law on the issues specified in Paragraph 3 of this article, which shall remain in force until the laws adopted by the Kurultai take effect or until the Kurultai rejects the bills.
5. A law adopted by the Kurultai shall be submitted to the President of the Republic of Kazakhstan for signature within ten days.
The Kurultai shall have the right to reject a bill in its entirety by a majority vote of the total number of deputies. A rejected bill shall be considered not adopted and returned to its initiator.
6. Bills that propose a reduction in state revenue or an increase in state expenditure may be introduced only with the Government’s approval. Bills submitted to the Kurultai as a legislative initiative of the President of the Republic of Kazakhstan shall not require such approval.
7. If a bill, submitted by the Government is not adopted, the Prime Minister shall have the right to raise a vote of confidence in the Government at the Kurultai session. A vote on this issue shall be held at least forty-eight hours after the vote of confidence is raised. If the motion for a vote of no confidence does not receive a majority of votes from the total number of Kurultai deputies, the bill shall be considered adopted without a vote. However, the Government may not exercise this right more than twice a year.
Article 61
1. The Kurultai shall adopt laws and resolutions that are binding throughout the Republic of Kazakhstan.
2. Laws shall take effect after they are signed by the President of the Republic of Kazakhstan.
3. Constitutional laws shall be adopted on issues, stipulated by the Constitution of the Republic of Kazakhstan, by a majority of no less than two-thirds of the total number of Kurultai deputies.
4. Laws shall be adopted by the Kurultai by a majority of the total number of Kurultai deputies, unless otherwise provided by the Constitution.
Resolutions of the Kurultai shall be adopted by a majority of the total number of Kurultai deputies, unless otherwise provided by the Constitution.
5. Laws and resolutions of the Kurultai must not contradict the Constitution. Resolutions of the Kurultai must not contradict laws.
6. The procedure for drafting, submitting, discussing, enacting and publishing legislative and other regulatory legal acts of the Republic of Kazakhstan shall be governed by law and the Kurultai regulations.
Article 62
1. The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai after consultations with the Kurultai Chairman and the Prime Minister.
2. The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to consent to the appointment of a candidate proposed by the President to a position, the appointment to which requires the Kurultai consent, and also in the event of a repeated refusal to elect the Kurultai Chairman.
3. The Kurultai may not be dissolved during a state of emergency or martial law, during the last six months of the President’s term of office, within one year of the previous dissolution or in the case, established by paragraph 3 of Article 51 of the Constitution.
Section V The Government
Article 63
1. The Government of the Republic of Kazakhstan shall exercise the executive power in the Republic of Kazakhstan, head the system of executive bodies and direct their activities.
2. The Government shall be a collegial body, accountable in its activity to the President of the Republic of Kazakhstan and the Kurultai.
3. Members of the Government shall be accountable to the Kurultai in the cases stipulated by subparagraph 17) of Article 56 of the Constitution.
4. The jurisdiction, organizational structure and procedure of activity of the Government shall be determined by constitutional law.
Article 64
1. The Government shall be formed by the President of the Republic of Kazakhstan in accordance with the procedure prescribed by the Constitution.
2. The Prime Minister of the Republic of Kazakhstan shall submit proposals to the President of the Republic of Kazakhstan on the structure and composition of the Government within ten days after the Prime Minister’s appointment.
3. Members of the Government shall take the oath to the people and the President of the Republic of Kazakhstan.
Article 65
The Government shall:
1) develop the guidelines of the state’s socio-economic policy, its defense capability, security, public order and provide their implementation;
2) submit the republican budget and a report on its execution to the Kurultai and ensure budget execution;
3) submit draft laws to the Kurultai and ensure their enforcement;
4) organize the state property management;
5) develop measures of implementing the foreign policy of the Republic of Kazakhstan;
6) direct the activities of ministries and other central and local executive bodies;
7) cancel or suspend fully or in part the acts of ministries and other central and local executive bodies of the Republic of Kazakhstan;
8) in consultation with the President of the Republic of Kazakhstan approve the unified system of financing and remuneration of employees for all bodies funded from the state budget;
9) perform other functions assigned to it by the Constitution, laws and acts of the President of the Republic of Kazakhstan.
Article 66
The Prime Minister of the Republic of Kazakhstan shall:
1) organize and direct the activities of the Government and shall be personally responsible for its performance;
2) sign Government resolutions;
3) report to the President and the Kurultai on the main areas of the Government’s activities and all its major decisions;
4) perform other functions related to the organization and direction of the Government.
Article 67
1. The Government members shall be independent in making decisions within their jurisdiction and shall be personally accountable to the Prime Minister for the work of the state bodies subordinate to them. A Government member, who disagrees with the Government’s policies or who fails to implement them, shall be subject to resignation or dismissal from office.
2. The Government members may not serve as deputies of a representative body, hold any paid positions other than teaching, research or creative work, engage in business activity, or serve on the governing body or supervisory board of a commercial organization, except in cases where this constitutes their official duties in accordance with the legislation of the Republic of Kazakhstan.
Article 68
1. The Government shall issue resolutions within its jurisdiction that are binding throughout the Republic of Kazakhstan.
2. The Prime Minister shall issue orders that are binding throughout the Republic of Kazakhstan.
3. Government resolutions and orders of the Prime Minister must not contradict the Constitution, laws, acts of the President of the Republic of Kazakhstan.
Article 69
1. The Government shall lay down its powers before the newly elected Kurultai.
2. The Government and any of its members shall have the right to hand in their resignation to the President of the Republic of Kazakhstan if they deem it impossible to continue to perform the functions assigned to them.
3. The Government shall submit its resignation to the President of the Republic of Kazakhstan if the Kurultai passes a vote of no confidence in the Government.
4. The President of the Republic of Kazakhstan shall consider the acceptance or rejection of the resignation within ten days.
5. Acceptance of the resignation shall mean termination of the powers of the Government or the corresponding member. Acceptance of the resignation of the Prime Minister shall mean termination of the powers of the entire Government.
6. If the resignation of the Government or a member of the Government is rejected, the President of the Republic of Kazakhstan shall instruct them to continued the performance of their duties.
7. The President of the Republic of Kazakhstan shall have the right to initiate termination of the powers of the Government and dismissal of any of its members. Dismissal of the Prime Minister shall mean termination of the powers of the entire Government.
Section VI Kazakhstan Halyk Kenesi
Article 70
1. The Kazakhstan Halyk Kenesi (Kazakhstan People’s Council) shall be the highest consultative body representing the interests of the people of the Republic of Kazakhstan.
2. The Kazakhstan Halyk Kenesi shall be composed of the citizens of the Republic of Kazakhstan.
3. The procedure for establishing, composition formation, the powers and organization of the activities of the Kazakhstan Halyk Kenesi shall be determined by constitutional law.
Article 71
Kazakhstan Halyk Kenesi shall:
1) develop proposals and recommendations on key areas of the internal policy, strengthening of public harmony, national unity and solidarity, promoting the fundamental principles of the Republic of Kazakhstan and national values;
2) submit draft laws to the Kurultai;
3) initiate the holding of a national referendum;
4) exercise other powers in accordance with constitutional law.
Section VII The Constitutional Court
Article 72
1. The Constitutional Court of the Republic of Kazakhstan shall be an independent state body exercising constitutional oversight and ensuring the supremacy of the Constitution of the Republic of Kazakhstan throughout the country.
2. The Constitutional Court shall be comprised of the Chairman and ten judges. Their term of office shall be eight years.
The same person may not be appointed a judge of the Constitutional Court more than once in accordance with the Constitution.
3. The Chairman of the Constitutional Court shall be appointed by the President of the Republic of Kazakhstan and shall concurrently serve as a judge of the Constitutional Court during his tenure.
The same person may not be appointed the Chairman of the Constitutional Court more than once in accordance with the Constitution.
4. Judges of the Constitutional Court shall be appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies.
The Deputy Chairman of the Constitutional Court shall be appointed by the President of the Republic of Kazakhstan upon the nomination of the Chairman of the Constitutional Court from among the judges of the Constitutional Court.
5. The position of a judge of the Constitutional Court shall be incompatible with holding a parliamentary mandate, holding paid positions other than teaching, research, or creative work, engaging in business activity, or membership in the governing body or supervisory board of a commercial organization.
6. During their term of office the Chairman and judges of the Constitutional Court may not be detained, except in cases of detention at the scene of crime or serious or particularly serious crimes, held in custody, subjected to compulsory attendance, or administrative penalties imposed by a court, held criminally liable without the consent of the President of the Republic of Kazakhstan or the Kurultai respectively.
7. The organization and activities of the Constitutional Court shall be regulated by constitutional law.
Article 73
1. The Constitutional Court, upon request by the President of the Republic of Kazakhstan, the Chairman of the Kurultai, at least one-fifth of the total number of deputies of the Kurultai, the Prime Minister shall:
1) resolve in the event of a dispute the legality of the conduct of election of the President, Kurultai deputies and a national referendum;
2) review laws adopted by the Kurultai for their compliance with the Constitution before they are signed by the President;
3) review resolutions adopted by the Kurultai for their compliance with the Constitution;
4) review international treaties for their compliance with the Constitution before ratification;
5) review implementation of the decisions of international organizations and their bodies for compliance with the Constitution;
6) provide an official interpretation of the provisions of the Constitution;
7) issue conclusions in cases, established by paragraphs 2 and 3 of Article 50 of the Constitution.
2. The Constitutional Court shall consider applications of the President in cases, stipulated by subparagraph 11) of Article 46 of the Constitution, also applications of courts in cases, stipulated by Article 79 of the Constitution.
3. Upon applications by citizens of the Republic of Kazakhstan the Constitutional Court shall review the constitutionality of regulatory legal acts of the Republic of Kazakhstan that directly affect their rights and freedoms enshrined in the Constitution.
The procedure and conditions for citizens of the Republic of Kazakhstan for applications to the Constitutional Court shall be determined by constitutional law.
4. Upon a request from the Human Rights Commissioner the Constitutional Court shall review the constitutionality of legislative acts of the Republic of Kazakhstan that affect the human and civil rights and freedoms enshrined in the Constitution.
5. Upon an application by the Human Rights Commissioner the Constitutional Court shall review the constitutionality of regulatory legal acts of the Republic of Kazakhstan affecting the human and civil rights and freedoms enshrined in the Constitution.
6. The Constitutional Court shall issue conclusions in the cases established by paragraph 1 of Article 50 and paragraph 1 of Article 51 of the Constitution.
Article 74
1. In the event of an application to the Constitutional Court on the issues referred to in subparagraph 1) of paragraph 1 of Article 73 of the Constitution, the assumption of office of the President of the Republic of Kazakhstan, registration of the elected Kurultai deputies, tabulation of the national referendum results shall be suspended accordingly.
2. In the event of an application to the Constitutional Court on the issues referred to in subparagraphs 2) and 4) of paragraph 1 of Article 73 of the Constitution, the time limits for signing or ratifying the relevant acts shall be suspended.
3. The Constitutional Court shall pass its resolution within the timeframes established by constitutional law.
Article 75
1. Laws and international treaties deemed unconstitutional may not be signed, ratified or enforced.
2. Laws and other regulatory legal acts, their individual provisions deemed unconstitutional, including those infringing on the human and civil rights and freedoms enshrined in the Constitution, shall cease to be effective and shall not be applied as of the date of the Constitutional Court’s decision or the date specified therein.
Laws and other regulatory legal acts and their individual provisions, deemed consistent with the Constitution as interpreted by the Constitutional Court, shall be applied in accordance with the interpretation.
3. Decisions of international organizations, their bodies and individual provisions thereof, the implementation of which has been deemed unconstitutional by the Constitutional Court, shall not be enforceable.
4. Decisions of the Constitutional Court shall take effect on the date of their adoption, shall be generally binding throughout the Republic of Kazakhstan, final and not subject to appeal.
Section VIII Justice. Prosecutor’s Office. Human Rights Mechanisms
Article 76
1. Justice in the Republic of Kazakhstan shall be administered by courts alone.
2. Judicial power shall be exercised through civil, administrative, criminal, and other legal proceedings established by law. In cases stipulated by law, criminal proceedings shall be conducted with the participation of jurors.
3. Courts of the Republic of Kazakhstan shall consist of the Supreme Court, local and other courts established by law.
4. The judicial system of the Republic of Kazakhstan shall be established by the Constitution and constitutional law. The establishment of special or extraordinary courts under any name shall be prohibited.
Article 77
1. Judicial power shall be exercised on behalf of the Republic of Kazakhstan to protect the rights, freedoms and legitimate interests of individuals, citizens and organizations, also to enforce the Constitution, laws, other regulatory legal acts and international treaties of the Republic of Kazakhstan.
2. Judicial power shall extend to all cases and disputes arising from the application of the provisions of the Constitution, laws, other regulatory legal acts and international treaties of the Republic of Kazakhstan.
3. Court judgments, verdicts and other rulings shall have binding force throughout the Republic of Kazakhstan.
Article 78
1. In the administration of justice a judge shall be independent and subordinate only to the Constitution and the law.
2. Any interference in the court’s administration of justice shall be inadmissible and entail liability under the law. Judges shall not be accountable for specific cases.
3. In administering justice a judge shall be guided by the following principles:
1) no one may have the jurisdiction, established for them by law, changed without their consent;
2) everyone shall have the right to be heard in court;
3) the accused shall not be required to prove their innocence;
4) any doubts as to a person’s guilt shall be interpreted in favor of the accused;
5) evidence obtained by unlawful means shall have no legal force. No one may be convicted solely on the basis of their own confession;
6) application of the criminal law by analogy shall not be permitted.
4. The principles of justice established by the Constitution shall be general and uniform for all courts and judges of the Republic of Kazakhstan.
Article 79
Courts may not apply laws or other regulatory legal acts that infringe upon the human and civil rights and freedoms enshrined in the Constitution.
If a court finds that a law or other regulatory legal act subject to application infringes on the human and civil rights and freedoms enshrined in the Constitution, it shall be obligated to suspend proceedings and petition the Constitutional Court to declare the act unconstitutional.
Article 80
1. The courts shall be composed of permanent judges, whose independence shall be protected by the Constitution and law. A judge’s powers may be terminated or suspended exclusively on the grounds established by law.
2. A judge may not be detained, except in cases of detention at the scene of crime or perpetration of serious and especially serious crimes, held in custody, subjected to compelled attendance, to administrative penalties through judicial proceedings, or prosecuted without the consent of the President of the Republic of Kazakhstan, based on the opinion of the Supreme Judicial Council, or without the consent of the Kurultai, respectively.
3. The requirements for judges of the courts of the Republic of Kazakhstan shall be determined by constitutional law.
4. The position of a judge shall be incompatible with holding a parliamentary mandate, holding any paid position, other than teaching, research or creative activities, engaging in business activity, or serving on the governing body or supervisory board of a commercial organization.
Article 81
Courts’ funding and judges’ housing shall be provided from the republican budget and shall ensure the full and independent administration of justice.
Article 82
The Supreme Court shall be the highest judicial body for civil, administrative, criminal, and other cases within the jurisdiction of local and other courts, which in cases prescribed by law shall hear cases within its jurisdiction and provide clarifications on judicial practice matters.
Article 83
1. The Chairman of the Supreme Court shall be appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council and shall concurrently serve as a judge of the Supreme Court during his tenure. The term of office of the Chairman of the Supreme Court shall be six years.
In accordance with the Constitution, the same person may not be appointed Chairman of the Supreme Court more than once.
Judges of the Supreme Court shall be elected by the Kurultai on the proposal of the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council.
2. Judges of local and other courts shall be appointed to their positions by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council.
3. Judicial panels may be formed in courts in accordance with the constitutional law.
4. The Chairman of the High Judicial Council shall be appointed by the President of the Republic of Kazakhstan.
5. The status, composition forming procedure and work organization of the High Judicial Council shall be determined by law.
Article 84
1. The Prosecutor’s Office acting on behalf of the state shall exercise within the limits and in the forms established by law the supreme oversight over the observance of the law within the territory of the Republic of Kazakhstan, represent the interests of the state in court and on behalf of the State conduct criminal prosecutions.
2. The Prosecutor’s Office of the Republic of Kazakhstan shall constitute a single centralized system, in which lower-level prosecutors shall report to higher-level prosecutors and to the Prosecutor General. It shall exercise its powers independently of other state bodies and officials and shall be accountable solely to the President of the Republic of Kazakhstan.
3. The Prosecutor General shall be appointed by the President of the Republic of Kazakhstan. The Prosecutor General’s tenure shall be six years.
In accordance with the Constitution the same person may not be appointed Prosecutor General more than once.
4. During his term of office, the Prosecutor General may not be detained, except in cases of detention at the scene of crime or in the perpetration of serious and especially serious crimes, held in custody, subjected to compelled attendance, administrative penalties imposed by a court, or prosecuted without the consent of the President of the Republic of Kazakhstan.
5. The jurisdiction, organization and procedures of the Prosecutor’s Office shall be determined by constitutional law.
Article 85
1. The Human Rights Commissioner of the Republic of Kazakhstan shall facilitate the restoration of violated human and civil rights and freedoms and contribute to the advancement of human and civil rights and freedoms.
2. The Human Rights Commissioner shall be appointed by the President of the Republic of Kazakhstan.
3. In the exercise of his powers the Human Rights Commissioner shall be independent and not accountable to state bodies and officials.
4. During his term of office the Human Rights Commissioner may not be detained, except in cases of detention at the scene of a crime or the perpetration of serious or especially serious crimes, held in custody, subjected to compelled attendance, to administrative penalties imposed by court, or to criminal liability without the consent of the President of the Republic of Kazakhstan.
5. The legal status and activities of the Human Rights Commissioner shall be determined by constitutional law.
Article 86
1. Lawyers in the Republic of Kazakhstan shall promote the exercise of state-guaranteed human rights to judicial protection and legal assistance. Legal assistance shall be provided by lawyers and other persons in accordance with the law.
2. The procedure for practicing law, as well as the rights, duties and responsibilities of a lawyer, shall be determined by law.
Section IX Local State Administration and Self-Government
Article 87
Local state administration shall be exercised by local representative and executive bodies, which shall be responsible for the situation in the relevant territory.
Article 88
1. Local representative bodies – maslikhats - shall express the will of the population of their respective administrative-territorial units and taking into account national interests determine the implementation measures and oversee their execution.
2. Maslikhats shall be elected by the population on the basis of universal, equal and direct suffrage by secret ballot for a five-year term.
3. Any citizen of the Republic of Kazakhstan who has reached the age of twenty may be elected a maslikhat deputy. A citizen of the Republic of Kazakhstan may serve as a deputy of only one maslikhat.
4. The jurisdiction of maslikhats shall include:
1) approval of plans, economic and social programs for territorial development, the local budget and reports on their execution;
2) resolving issues of local administrative-territorial structure within their purview;
3) reviewing reports of the heads of local executive bodies on matters, assigned by law to the maslikhats’ jurisdiction;
4) establishing standing committees and other maslikhat’s working bodies, hearing their progress reports, addressing other issues related to the organization of the maslikhat’s work;
5) exercising in accordance with the law other powers to ensure the rights and legitimate interests of citizens of the Republic of Kazakhstan.
5. The powers of a maslikhat may be terminated early by the President of the Republic of Kazakhstan after consultations with the Prime Minister and the Chairman of the Kurultai, also in the event of the maslikhat’s decision on self- dissolution.
6. The jurisdiction of maslikhats, the procedure for their organization and activity and the legal status of their deputies shall be established by law.
Article 89
1. Local executive bodies shall be part of the unified system of executive bodies of the Republic of Kazakhstan and ensure the implementation of the national policy of the executive branch in conjunction with the interests and development needs of the respective territory.
2. The jurisdiction of local executive bodies shall include:
1) developing plans, economic and social programs for the development of the territory, the local budget and ensuring their execution;
2) managing municipal property;
3) appointing and dismissing heads of local executive bodies, addressing other issues related to the organization of the work of local executive bodies;
4) exercising other powers assigned to local executive bodies by law in the interests of local government.
3. A local executive body shall be headed by the akim (mayor) of the relevant administrative-territorial unit, who shall be a representative of the President and the Government of the Republic of Kazakhstan.
4. The akims of the capital, oblasts, cities of national status shall be appointed to their positions by the President of the Republic of Kazakhstan with the consent of the deputies of the maslikhat of the capital, maslikhats located within the territory of the oblast, maslikhat of the city of national status respectively.
The President of the Republic of Kazakhstan shall propose at least two candidates for voting. The candidate who receives the majority of votes of the maslikhat deputies participating in the vote shall be deemed to have received consent.
The akims of other administrative-territorial units shall be appointed or elected to office, and also dismissed from office in the procedure determined by law. The President of the Republic of Kazakhstan shall have the right to dismiss at his discretion the akims of the capital, oblasts and cities of national status.
5. At the initiative of at least one-fifth of the total number of maslikhat deputies a vote of no confidence in the akim may be raised. In this case by a majority vote of its deputies the maslikhat shall have the right to express no confidence in the akim and raise the question of his dismissal before the President of the Republic of Kazakhstan in respect of akims of the capital, oblasts and cities of national significance, or before a higher-ranking akim in the case of akims of other administrative-territorial entities respectively. The powers of the akims of the capital, oblats and cities of national significance shall terminate upon the assumption of office by a newly elected President of the Republic of Kazakhstan.
6. The jurisdiction of local executive bodies, their organization and their activities shall be established by law.
Article 90
1. Maslikhats shall adopt decisions on matters within their jurisdiction, and akims - issue decisions and orders binding on the territory of the respective administrative-territorial unit.
2. Draft maslikhat resolutions that provide for a reduction in local budget revenues or an increase in local budget expenditures may be submitted for consideration only with the akim’s approval.
3. Maslikhat decisions that are inconsistent with the Constitution and legislation of the Republic of Kazakhstan may be overturned by court order.
4. Decisions and orders of akims may be overturned by the Government of the Republic of Kazakhstan or a higher-ranking akim respectively, and also by court order.
Article 91
1. The Republic of Kazakhstan shall recognize local self-government, which shall ensure independent decision-making by the population on local-scale issues.
2. Local self-government shall be exercised directly by the population, also through maslikhats (councils) and other local self-government bodies in local communities covering territories, where population groups live in compact settlements.
Local self-government bodies may be delegated the exercise of state functions in accordance with the law.
3. The organization and activities of local self-government in Kazakhstan shall be regulated by law.
4. The independence of local self-government bodies shall be guaranteed within their powers established by law.
Section X Amendments and Additions to the Constitution
Article 92
1. Amendments and additions to the Constitution of the Republic of Kazakhstan shall be made by a nationwide referendum held by the resolution of the President of the Republic of Kazakhstan, adopted by him on his own initiative, the initiative of the Kurultai, the Government, or the Kazakhstan Halyk Kenesi.
2. A nationwide referendum shall be considered valid if more than half of the citizens of the Republic of Kazakhstan entitled to participate in the referendum participate in the voting.
3. Amendments and additions to the Constitution, submitted to a nationwide referendum, shall be deemed adopted, if more than half of the citizens of the Republic of Kazakhstan, who participated in the voting, voted for them in at least two-thirds of the oblasts, cities of national status and the capital.
Article 93
Amendments and additions to the Constitution of the Republic of Kazakhstan shall be submitted to a national referendum upon the conclusion of the Constitutional Court confirming their compliance with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.
Section XI Concluding and Transitional Provisions
Article 94
1. The Constitution of the Republic of Kazakhstan, adopted by the national referendum, shall take effect on July 1, 2026, simultaneously terminating the previously adopted Constitution of the Republic of Kazakhstan.
2. The day of the adoption of the Constitution by the national referendum shall be declared a national holiday –the Constitution Day of the Republic of Kazakhstan.
Article 95
1. The Parliament of the Republic of Kazakhstan, formed in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, shall cease its powers on July 1, 2026.
Elections to the Kurultai shall be announced by the President of the Republic of Kazakhstan within one month and held within two months from the date the Constitution takes effect.
2. Within two months from the opening of the first session of the Kurultai of the first convocation, the President of the Republic of Kazakhstan shall appoint Vice-President with the consent of the Kurultai.
3. The Chairman and judges of the Constitutional Court shall be appointed within two months from the opening of the first session of the Kurultai of the first convocation.
Until the formation of a new Constitutional Court, the Chairman and judges of the Constitutional Court, appointed in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, shall retain their powers.
4. The chairmen and members of the Central Election Commission and the Supreme Audit Chamber shall be appointed within two months from the opening of the first session of the Kurultai of the first convocation.
Until the formation of a new Central Election Commission and the Supreme Audit Chamber, the chairmen and members of the Central Election Commission and the Supreme Audit Chamber, appointed in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, shall retain their powers.
5. The Chairman of the Supreme Court, the Governor of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Supreme Judicial Council and the Human Rights Commissioner shall be appointed within two months from the date of entry into force of the Constitution.
6. Judges of the Supreme Court, local and other courts, deputies of maslikhats, other officials elected (appointed) in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, shall retain their powers until their termination on the grounds, stipulated by the Constitution and laws of the Republic of Kazakhstan.
Article 96
1. Laws and other regulatory legal acts of the Republic of Kazakhstan in effect on the day the Constitution enters into force, shall apply insofar as they do not conflict with the Constitution.
2. The Government and central and local state bodies shall take the necessary measures to bring regulatory legal acts into conformity with the Constitution.
3. Regulatory resolutions of the Constitutional Council and the Constitutional Court, adopted in accordance with the legislation of the Republic of Kazakhstan in effect on the day the Constitution enters into force, shall retain legal force insofar as they do not conflict with the Constitution.
