Unofficial translation
This Constitutional Law in accordance with the Constitution of the Republic of Kazakhstan shall determine the legal status of the President of the Republic of Kazakhstan, and also of the Vice-President of the Republic of Kazakhstan.
Chapter 1. STATUS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 1. President of the Republic of Kazakhstan
1. The President of the Republic of Kazakhstan is the head of state, its highest official, determining the guidelines of the state's internal and foreign policy and representing Kazakhstan within the country and in international relations.
2. The President of the Republic of Kazakhstan is the symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution of the Republic of Kazakhstan, the rights and freedoms of man and citizen.
3. The President of the Republic of Kazakhstan ensures the concerted and unimpeded functioning of all the state power branches and accountability of state bodies to the united people of Kazakhstan.
4. The President of the Republic of Kazakhstan has the right to act on behalf of the people of Kazakhstan and the state.
5. The President of the Republic of Kazakhstan, his honor and dignity are inviolable. Any attack on the honor and dignity of the President of the Republic of Kazakhstan shall be prosecuted by law.
Article 2. Election of the President of the Republic of Kazakhstan
Election of the President of the Republic of Kazakhstan shall be held in accordance with the Constitution of the Republic of Kazakhstan and the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan".
Article 3. Assumption of office as President of the Republic of Kazakhstan
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”. The text of the oath shall be recited by the President of the Republic of Kazakhstan in the state language.
2. The oath shall be taken within one month from the date of publication of the election results.
In the case provided for in Article 51 of the Constitution of the Republic of Kazakhstan, the oath shall be taken by the person, who has assumed the powers of the President of the Republic of Kazakhstan within seven days from the date of early release from office of the President of the Republic of Kazakhstan in connection with voluntary resignation, persistent inability to perform his duties due to health reasons or removal of the President of the Republic of Kazakhstan from office or from the date of his death.
3. The oath shall be taken in a solemn ceremony in the presence of Kurultai deputies, judges of the Constitutional Court, judges of the Supreme Court, ex-Presidents of the Republic of Kazakhstan, as well as representatives of the public and invited foreign citizens.
4. The President of the Republic of Kazakhstan shall take the oath of office on the Constitution of the Republic of Kazakhstan. Following the oath, the National Anthem of the Republic of Kazakhstan is played. The Chairman of the Central Election Commission presents the President of the Republic of Kazakhstan with a certificate, a lapel badge, the standard of the President of the Republic of Kazakhstan and the “Altyn Qyran” (Golden Eagle) Order.
Article 4. The term of office of the President of the Republic of Kazakhstan
1. The President of the Republic of Kazakhstan shall be elected for a term of seven years.
2. 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 his duties for health reasons or removal of the President of the Republic of Kazakhstan from office or in the event of his death.
Article 5. Restrictions related to the term of office of the President of the Republic of Kazakhstan
1. During his term of office the President of the Republic of Kazakhstan may not be elected as a deputy to a representative body, hold any other paid positions, engage in business activities, and also be a member of a political party.
Within ten days of taking the oath of office the President of the Republic of Kazakhstan is required to withdraw from any political party.
2. Close relatives of the President of the Republic of Kazakhstan may not hold positions as political civil servants or as heads of entities in the quasi-public sector.
Close relatives of the President of the Republic of Kazakhstan, who hold positions as political civil servants or heads of quasi-public entities shall resign or vacate their positions within one month of the date, on which the President of the Republic of Kazakhstan takes the oath of office.
For the purposes of this paragraph, close relatives of the President of the Republic of Kazakhstan shall mean: parents (a parent), children, adoptive parents, adopted children, full and half siblings, grandfather, grandmother, grandchildren, as well as the spouse, close relatives of the spouse, spouse of children, children of full and half siblings.
Article 6. Insignia of the President of the Republic of Kazakhstan
1. The President of the Republic of Kazakhstan shall hold the following insignia: the presidential badge and the presidential standard.
2. The description of the presidential badge shall be determined by the Central Election Commission of the Republic of Kazakhstan. The description of the presidential standard, as well as the procedures for the official use of the presidential badge and the presidential standard shall be determined by the President of the Republic of Kazakhstan.
3. Ex officio the President of the Republic of Kazakhstan shall be awarded the “Altyn Qyran” (Golden Eagle) Order.
4. The description of the “Altyn Qyran” (Golden Eagle) Order, the grounds and procedure for awarding said order shall be determined by the legislation of the Republic of Kazakhstan.
Chapter 2. POWERS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 7. Foreign policy powers of the President of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint and recall the heads of diplomatic missions of the Republic of Kazakhstan;
2) negotiate and sign international treaties on behalf of the Republic of Kazakhstan;
3) grant authority to negotiate and sign international treaties on behalf of the Republic of Kazakhstan;
4) sign instruments of ratification;
5) accept credentials and letters of recall from the heads of diplomatic missions of foreign states, accredited in the Republic of Kazakhstan, also from the heads of international organizations;
6) make decisions to suspend international treaties, concluded by the Republic of Kazakhstan that are not subject to ratification;
7) make decisions to denounce international treaties concluded on behalf of the Republic of Kazakhstan, with the exception of the denunciation of ratified international treaties.
Article 8. Powers of the President of the Republic of Kazakhstan in ensuring national defense capability and security
The President of the Republic of Kazakhstan shall:
1) hold the title of the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, appoint and dismiss the high command of the Armed Forces;
2) 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, shall 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 localities thereof, the use of the Armed Forces of the Republic of Kazakhstan;
3) in the event of aggression against the Republic of Kazakhstan or an immediate external threat to its security, introduce martial law throughout the territory of the Republic of Kazakhstan or in certain localities thereof, declare partial or general mobilization, and immediately inform the Kurultai of the Republic of Kazakhstan thereof;
4) submit for consideration by the Kurultai a proposal on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations to maintain peace and security;
5) make decisions on the conscription of citizens of the Republic of Kazakhstan for compulsory military service and the discharge of conscripts into reserve;
6) appoint the Chairman of the National Security Committee of the Republic of Kazakhstan; dismiss him from office;
7) form the State Security Service subordinate to him;
8) appoint the Head of the State Security Service; dismiss him from office;
9) approve the Military Doctrine of the Republic of Kazakhstan.
Article 9. Powers of the President of the Republic of Kazakhstan in respect of the Kurultai of the Republic of Kazakhstan
President of the Republic of Kazakhstan shall:
1) call regular and extraordinary elections to the Kurultai;
2) convene the first session of the Kurultai no later than thirty days from the date of publication of the election results;
3) administer the oath of Kurultai deputies to the people of Kazakhstan;
4) nominate a candidate for the position of Kurultai Chairman;
5) open Kurultai sessions as a rule;
6) during the period between Kurultai sessions, 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, at which only the issues that served as the basis for its convening can be considered;
7) 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; within one month sign the law if the Kurultai overcomes the objections of the President of the Republic of Kazakhstan in compliance with the requirements established by subparagraph 2) of Article 56 of the Constitution of the Republic of Kazakhstan;
8) submit draft laws to the Kurultai for consideration by way of a special message as a legislative initiative;
9) have the right to prioritize the consideration of draft laws, meaning that the relevant bills must be adopted as a matter of urgency within two months;
10) have the right to attend any meetings of the Kurultai and be heard.
11) dismiss a member of the Government from office in the case provided for in subparagraph 17) of Article 56 of the Constitution of the Republic of Kazakhstan;
12) have the right to dissolve the Kurultai in the cases and in the manner, stipulated by the Constitution of the Republic of Kazakhstan.
Article 10. Powers of the President of the Republic of Kazakhstan in respect of the Government of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) with the Kurultai consent appoint the Prime Minister of the Republic of Kazakhstan; dismiss him from office;
2) upon the Prime Minister's nomination, submitted within ten days of his appointment, determine the structure of the Government; upon the Prime Minister's nomination, submitted after consultation with the Kurultai, appoint members of the Government; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government;
3) administer the oath of office to members of the Government;
4) regularly hear the Prime Minister's report on the main areas of the Government's activities and all its most important decisions, during which the Prime Minister reports on the work of the Government;
5) coordinate the unified system of financing and remuneration of employees for all the bodies, funded by the state budget of the Republic of Kazakhstan;
6) approve the State planning system of the Republic of Kazakhstan;
7) when necessary, chair meetings of the Government on particularly important issues;
8) make decisions on the resignation of the Government and any of its members, if they consider it impossible to continue to perform the functions entrusted to them or if the Kurultai has expressed a vote of no confidence in the Government, also on the resignation of a Government member, who disagrees with the policy, pursued by the Government or who does not pursue it;
9) within ten days accept or reject the resignation of the Government or any of its members;
10) if the resignation of the Government or a member thereof is rejected, entrust them with the continued performance of their duties;
11) have the right to decide on its own initiative to terminate the powers of the Government and to dismiss the Prime Minister and any member of the Government;
12) by his acts can assign to the Government the performance of executive functions, except for those, established by the Constitution and laws of the Republic of Kazakhstan;
13) issue instructions to the Government of the Republic of Kazakhstan.
Article 11. Powers of the President of the Republic of Kazakhstan with respect to Kazakhstan Halyk Kenesi (Kazakhstan People’s Council)
The President of the Republic of Kazakhstan:
approves the composition of Kazakhstan People's Council;
2) forms the Secretariat of Kazakhstan Halyk Kenesi (Kazakhstan People’s Council) and appoints its chairman;
3) exercises other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.
Article 12. Powers of the President of the Republic of Kazakhstan with respect to the Constitutional Court of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint the Chairman of the Constitutional Court for a period of eight years; dismiss him from office;
2) appoint the Deputy Chairman of the Constitutional Court on the proposal of the Chairman of the Constitutional Court from among the judges of the Constitutional Court;
3) with the consent of the Kurultai appoint ten judges of the Constitutional Court for a period of eight years; in accordance with the Constitutional Law “On the Constitutional Court of the Republic of Kazakhstan” relieve them of their positions;
4) in cases, provided for in subparagraph 11) of Article 46 and Article 73 of the Constitution of the Republic of Kazakhstan, apply to the Constitutional Court.
Article 13. Powers of the President of the Republic of Kazakhstan in respect to courts and judges
The President of the Republic of Kazakhstan shall:
1) upon recommendation of the Supreme Judicial Council appoint the Chairman of the Supreme Court of the Republic of Kazakhstan for a term of six years; dismiss him from office;
2) on the recommendation of the Supreme Judicial Council nominate judges of the Supreme Court of the Republic of Kazakhstan for election to and dismissal from office to the Kurultai;
3) upon recommendation of the Supreme Judicial Council appoint and dismiss chairmen and judges of local and other courts.
Article 14. Powers of the President of the Republic of Kazakhstan in respect to the prosecutor's office
The President of the Republic of Kazakhstan shall:
1) appoint the Prosecutor General of the Republic of Kazakhstan for a term of six years; dismiss him from office;
2) upon the recommendation of the Prosecutor General appoint and dismiss deputy Prosecutors General of the Republic of Kazakhstan;
3) at least once per quarter hear a report from the Prosecutor General on the rule of law in the country.
Article 15. Powers of the President of the Republic of Kazakhstan in relation to the Central election commission of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint the Chairman of the Central Election Commission of the Republic of Kazakhstan and dismiss him from office;
2) with the consent of the Kurultai appoint six members of the Central Election Commission of the Republic of Kazakhstan for a term of five years and dismiss them from office;
3) approve the regulations of the Central Election Commission;
4) hear information from the Chairman of the Central Election Commission on the progress of preparations for the scheduled national referendum, elections of deputies of the Kurultai, maslikhats, members of other local government bodies and on the results of the referendum and elections.
Article 16. Powers of the President of the Republic of Kazakhstan in respect to the National Bank of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint and dismiss the Chairman of the National Bank of the Republic of Kazakhstan;
2) appoint and dismiss Deputy Chairmen of the National Bank upon the recommendation of the Chairman of the National Bank;
3) hear the report of the Chairman of the National Bank on the performance of the National Bank of the Republic of Kazakhstan at least once per quarter.
Article 17. Powers of the President of the Republic of Kazakhstan in relation to the Supreme Audit Chamber of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint the Chairman of the Supreme Audit Chamber and dismiss him from office;
2) with the consent of the Kurultai appoint eight members of the Supreme Audit Chamber for a term of five years and dismiss them from office;
3) approve the regulations of the Supreme Audit Chamber;
4) hear reports from the Chairman of the Supreme Audit Chamber on its work at least once per quarter.
Article 18. Powers of the President of the Republic of Kazakhstan in relation to the Human Rights Commissioner of the Republic of Kazakhstan
The President of the Republic of Kazakhstan shall:
1) appoint the Human Rights Commissioner of the Republic of Kazakhstan to office for a term of five years; dismiss him from office;
2) at least once a year hear a report from the Commissioner for Human Rights in the Republic of Kazakhstan on its activities.
Article 19. Powers of the President of the Republic of Kazakhstan in relation to akims
The President of the Republic of Kazakhstan shall:
1) appoint the akims of the capital, oblasts and cities of national significance with the consent of the deputies of the maslikhat of the capital, maslikhats within the oblast, maslikhat of the city of national significance respectively;
2) issue instructions to the akims on matters within his competence and hear the akims’ progress reports on them;
3) have the right to dismiss the akims of the capital, oblasts, cities of national significance at his own discretion, also in the event that the relevant maslikhats pass a vote of no confidence in them by a majority of their total number of deputies.
Article 20. Powers of the President of the Republic of Kazakhstan in relation to state bodies directly subordinate and accountable to him
1. The powers of the heads of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan shall terminate upon the assumption of office of the newly elected President of the Republic of Kazakhstan. They shall continue to perform their duties until the Head of State appoints the heads of these bodies.
2. The President of the Republic of Kazakhstan upon the recommendations of the heads of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan shall:
1) approve the regulations on these state bodies, their structure and the total staffing level;
2) appoint and dismiss deputy heads of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as the heads of departments of these bodies, unless otherwise established by the President of the Republic of Kazakhstan;
3) establish, abolish, and reorganize departments of the aforementioned state bodies. These departments shall have the status, provided for departments of central executive bodies, unless otherwise established by the President of the Republic of Kazakhstan.
3. Within the timeframe and in the manner determined by him the President of the Republic of Kazakhstan shall hear reports from the heads of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan on the performance of the said bodies.
Article 21. Powers of the President of the Republic of Kazakhstan with respect to national referendum
1. In accordance with the Constitutional Law of the Republic of Kazakhstan "On National Referendum," the President of the Republic of Kazakhstan shall make a decision on holding a national referendum on his own initiative, on the initiative of the Kurultai, on the initiative
of the Government, on the initiative of the Kazakhstan Halyk Kenesi, or on the initiative of at least two hundred thousand citizens of the Republic of Kazakhstan, entitled to participate in the national referendum, equally representing the capital of the Republic of Kazakhstan, all the oblasts and cities of national significance.
2. The President of the Republic of Kazakhstan shall make one of the following decisions on:
1) holding a referendum;
2) the need to adopt a constitutional law, a law of the Republic of Kazakhstan, or another decision on the issue, proposed as the subject of a referendum without holding one;
3) rejecting the initiative to hold a referendum.
3. With the consent of the referendum initiator, before holding it, the President of the Republic of Kazakhstan shall have the right to refine the wording of the question (questions) submitted (put) to the referendum in order to more accurately reflect the will of its initiators.
Article 22. Other powers of the President of the Republic of Kazakhstan
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. If the address is made at the Kurultai session, it is not discussed and no questions are asked on it;
2) establish state awards and honorary titles; confer state awards of the Republic of Kazakhstan and confer honorary titles, the highest military and other ranks, the highest class ranks, the highest diplomatic ranks, qualification classes; revoke the said awards, titles, grades, ranks and classes;
3) make decisions on the admission to, retention and termination of citizenship of the Republic of Kazakhstan, restoration of citizenship of the Republic of Kazakhstan;
4) resolve matters of granting political asylum;
5) grant pardons;
6) determine the procedure, terms and conditions for the national currency functioning;
7) form the Administration of the President of the Republic of Kazakhstan; form, abolish and reorganize other state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan;
8) form the Security Council, other consultative and advisory bodies, and also the Supreme Judicial Council;
9) appoint and dismiss the Chairman of the Supreme Judicial Council;
10) after consultation with the Prime Minister and the Chairman of the Kurultai terminate the powers of the maslikhat early;
11) exercise other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.
Chapter 3. VICE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 23. Vice President of the Republic of Kazakhstan
1. The Vice President of the Republic of Kazakhstan shall be appointed to office 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.
A citizen of the Republic of Kazakhstan by birth, at least forty years of age, fluent in the state language, resident in Kazakhstan for the past fifteen years, with a higher education may be appointed Vice President of the Republic of Kazakhstan.
2. The powers of the Vice President of the Republic of Kazakhstan shall terminate in the following cases:
1) submission of a resignation letter;
2) decision of the President of the Republic of Kazakhstan on dismissal from office;
3) termination of citizenship of the Republic of Kazakhstan or receipt of a residence permit or other document, confirming the right to permanent residence in the territory of a foreign state;
4) entry into force of a guilty verdict of a court against him;
5) recognition of his legal incapacity or limitation of his legal capacity by a court decision that has taken effect;
6) recognition of him as missing by a court decision that has taken effect;
7) his death or declaration of death by a court decision that has taken effect;
8) occurrence of other grounds, stipulated by the legislation of the Republic of Kazakhstan.
The President of the Republic of Kazakhstan shall terminate the powers of the Vice President on the grounds, stipulated in part one of this paragraph.
3. Within twenty days from the date of termination of the powers of the Vice President, the President of the Republic of Kazakhstan shall propone a candidate for Vice President to the Kurultai for the consent of the Kurultai to his appointment.
If this period falls during the temporary absence of the Kurultai due to the early termination of its powers, or during the period between sessions of the Kurultai, the President of the Republic of Kazakhstan shall submit a candidate for Vice President to the Kurultai within twenty days from the date of the commencement of the Kurultai work or the start of the next session of the Kurultai respectively.
4. During the period of exercising his powers the Vice President of the Republic of Kazakhstan shall not have the right to be elected as a deputy of a representative body, to hold other paid positions, to engage in business activity, and also to be a member of a political party.
Article 24. Powers of the Vice President of the Republic of Kazakhstan
On behalf of the President of the Republic of Kazakhstan the Vice President shall represent him in interaction with the Kurultai, the Government and other state bodies, and also exercise other powers, determined by the President of the Republic of Kazakhstan.
Chapter 4. ACTS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 25. Forms of acts of the President of the Republic of Kazakhstan
1. The President of the Republic of Kazakhstan issues decrees and orders that shall be binding throughout the territory of the Republic of Kazakhstan.
2. During the temporary absence of the Kurultai due to the 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, the laws shall be first countersigned by the Kurultai Chairman and the Prime Minister, who shall be held responsible for their conformity with the Constitution and the laws.
Acts of the President of the Republic of Kazakhstan issued at the initiative of the Government shall be first signed by the Prime Minister, who shall be held responsible for their conformity with the Constitution and the laws.
4. The list of matters, on which the President of the Republic of Kazakhstan issues decrees and orders respectively shall be determined by Articles 26 and 27 of this Constitutional Law. Where necessary the President of the Republic of Kazakhstan shall have the right to independently determine the forms of acts (decrees, orders) for the purpose of exercising his powers.
Article 26. Decrees of the President of the Republic of Kazakhstan
1. Decrees of the President of the Republic of Kazakhstan shall be issued on the basis of and pursuant to the Constitution and laws of the Republic of Kazakhstan.
2. Through decrees of the President of the Republic of Kazakhstan:
1) constitutional powers of the President of the Republic of Kazakhstan are exercised that require the issuance of an act of the President of the Republic of Kazakhstan;
2) issues are resolved to ensure the coordinated functioning of all the state power branches, as well as accountability of state bodies to the united people of Kazakhstan, as established by the Constitution and laws;
3) legal regulation is exercised over matters that do not fall within the legislative jurisdiction of the Kurultai, nor within the statutory jurisdiction of the Government and other state bodies;
4) decisions are made on strategic issues, concerning the socioeconomic and sociopolitical development of the Republic of Kazakhstan and its foreign policy.
3. Only decrees issued by the President of the Republic of Kazakhstan may have the force of law.
Article 27. Orders of the President of the Republic of Kazakhstan
1. 1. Orders of the President of the Republic of Kazakhstan shall be issued on the basis of and in pursuance of the Constitution, laws and decrees of the President of the Republic of Kazakhstan.
2. Orders of the President of the Republic of Kazakhstan shall:
1) resolve administrative, operational and legal issues;
2) appoint and dismiss officials, who do not hold constitutional status.
Article 28. Drafting of acts of the President of the Republic of Kazakhstan and their submission to the President of the Republic of Kazakhstan for consideration
1. Acts of the President of the Republic of Kazakhstan shall be drafted by:
1) the Administration of the President of the Republic of Kazakhstan and other state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan;
2) the Government of the Republic of Kazakhstan;
3) the Supreme Court of the Republic of Kazakhstan;
4) other state bodies and officials, determined by the President of the Republic of Kazakhstan.
2. Draft acts submitted to the President of the Republic of Kazakhstan for consideration:
1) shall be developed and submitted to the President of the Republic of Kazakhstan for consideration in accordance with the legislation of the Republic of Kazakhstan;
2) must meet the requirements of legal drafting and record-keeping.
3. Acts issued by the President of the Republic of Kazakhstan shall be numbered for the duration of the term of office of the President of the Republic of Kazakhstan. The original acts of the President of the Republic of Kazakhstan and the related materials shall be stored in the relevant structural unit of the Administration of the President of the Republic of Kazakhstan and upon expiration of the terms, established by the legislation of the Republic of Kazakhstan shall be transferred to the Archives of the President of the Republic of Kazakhstan.
4. The Head of the Administration of the President of the Republic of Kazakhstan shall oversee compliance with the established procedure for preparing draft acts of the President of the Republic of Kazakhstan and submitting them to the Head of State for consideration.
Article 29. Procedure for amending, supplementing and repealing the acts of the President of the Republic of Kazakhstan
1. Amendments and supplements:
1) to decrees of the President of the Republic of Kazakhstan shall be made by decrees of the President of the Republic of Kazakhstan;
2) to orders of the President of the Republic of Kazakhstan shall be made by orders of the President of the Republic of Kazakhstan.
2. Decrees of the President of the Republic of Kazakhstan shall be cancelled by decrees of the President of the Republic of Kazakhstan, orders of the President of the Republic of Kazakhstan shall be cancelled by decrees and orders of the President of the Republic of Kazakhstan.
3. In the event of a conflict between acts of the President of the Republic of Kazakhstan that have equal legal force, the act enacted later shall prevail, unless otherwise provided by the relevant act of the President of the Republic of Kazakhstan.
Article 30. Procedure for enactment and publication of the acts of the President of the Republic of Kazakhstan
1. Regulatory acts of the President of the Republic of Kazakhstan shall be enacted throughout the territory of the Republic of Kazakhstan simultaneously ten calendar days after the date of their first official publication, unless otherwise established by the President of the Republic of Kazakhstan.
2. Non-regulatory acts of the President of the Republic of Kazakhstan shall be enacted upon their signing, unless otherwise established by the President of the Republic of Kazakhstan.
3. Acts of the President of the Republic of Kazakhstan shall be officially published in accordance with the Law of the Republic of Kazakhstan "On Legal Acts."
4. Acts of the President of the Republic of Kazakhstan may also be published in other print media, broadcast on television and radio, posted on the Internet, sent to relevant state bodies, as well as to organizations and their officials.
5. Acts of the President of the Republic of Kazakhstan, containing state secrets of the Republic of Kazakhstan or other secrets protected by law shall not be published. The originals of such acts shall be classified and communicated in accordance with established procedures to the agencies, organizations, officials and citizens, to whom they apply. The contents of these acts of the President of the Republic of Kazakhstan may be reported in the media in accordance with established procedures.
Chapter 5. EARLY TERMINATION OF OFFICE, REMOVAL FROM OFFICE OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 31. Early termination of office, removal from office of the President of the Republic of Kazakhstan
1. The President of the Republic of Kazakhstan shall have the right to voluntarily resign in accordance with the procedure, established by paragraph 1 of Article 50 of the Constitution of the Republic of Kazakhstan.
2. The President of the Republic of Kazakhstan may be relieved of office early by a decision of the Kurultai in the event of persistent inability to perform his duties for health reasons, in accordance with the procedure, established by paragraph 2 of Article 50 of the Constitution of the Republic of Kazakhstan.
3. The President of the Republic of Kazakhstan shall not bear criminal or administrative liability for actions, committed in the exercise of the powers of the President of the Republic of Kazakhstan, with the exception of high treason, i.e., a deliberate act committed with the intent to undermine the independence or territorial integrity of the Republic of Kazakhstan, as well as in cases of defection to the enemy (adversary) during a war or armed conflict, or assistance to a foreign state in carrying out hostile activities against the Republic of Kazakhstan. For this the President of the Republic of Kazakhstan may be removed from office by the Kurultai in accordance with the procedure, established by paragraph 3 of Article 50 of the Constitution of the Republic of Kazakhstan.
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 issue of early termination of the Kurultai powers.
Article 32. Transition of powers of the President of the Republic of Kazakhstan
1. In the event of the early release from office of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to fulfill his 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 of the Republic of Kazakhstan. If the Vice President of the Republic of Kazakhstan 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 be transferred to the Chairman of the Kurultai of the Republic of Kazakhstan. If the Chairman of the Kurultai of the Republic of Kazakhstan 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 of the Republic of Kazakhstan.
A person, who decides to refuse to assume the powers of the President of the Republic of Kazakhstan shall submit a statement of refusal to assume the powers of the President of the Republic of Kazakhstan to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court of the Republic of Kazakhstan shall certify that the person has personally and voluntarily submitted a statement refusing to assume the powers of the President of the Republic of Kazakhstan and shall issue their opinion within three calendar days.
The person, who assumes the powers of the President of the Republic of Kazakhstan shall resign from the positions of Vice President, Kurultai Chairman, the Prime Minister respectively. In this case, vacant government positions shall be filled in accordance with the procedure, established by the Constitution of the Republic of Kazakhstan.
2. The person, who assumes the powers of the President of the Republic of Kazakhstan in accordance with paragraph 1 of this article has no right to initiate amendments or additions to the Constitution of the Republic of Kazakhstan or to dissolve the Kurultai.
Chapter 6. SUPPORT FOR THE ACTIVITIES OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Article 33. State Support for the activities of the President of the Republic of Kazakhstan
The support, services and security for the President of the Republic of Kazakhstan and his family shall be provided at the republican budget expense.
Article 34. Salary and vacation of the President of the Republic of Kazakhstan
1. The salary of the President of the Republic of Kazakhstan shall be established in accordance with the procedure, established by the legislation of the Republic of Kazakhstan.
2. The President of the Republic of Kazakhstan shall be granted an annual paid vacation of forty-five calendar days.
Article 35. Support for the President of the Republic of Kazakhstan
1. During his term in office the President of the Republic of Kazakhstan shall be provided with state residences in the Republic of Kazakhstan and an official apartment in the capital of the Republic of Kazakhstan.
2. The President of the Republic of Kazakhstan shall be provided with official motor vehicles, aircraft, and other types of specialized vehicles.
3. Housing and transportation services for the President of the Republic of Kazakhstan and members of his family shall be ensured by the Executive Office of the President of the Republic of Kazakhstan, and also the State Security Service and the National Security Committee in accordance with their respective jurisdictions.
4. Medical care for the President of the Republic of Kazakhstan and members of his family shall be ensured by the Executive Office of the President of the Republic of Kazakhstan.
5. Specialized communications equipment shall be provided by the State Security Service.
6. A personal library and personal archive of the President of the Republic of Kazakhstan shall be maintained throughout his term in office.
Article 36. Security of the President of the Republic of Kazakhstan
1. Security of the President of the Republic of Kazakhstan shall be assigned to the relevant unit of the State Security Service.
2. The spouse of the President of the Republic of Kazakhstan and other family members residing with the President of the Republic of Kazakhstan shall be provided with security.
Article 37. Administration of the President of the Republic of Kazakhstan
The Administration of the President of the Republic of Kazakhstan is a state body that shall be responsible for:
1) supporting the activities of the President of the Republic of Kazakhstan, as well as the Vice President of the Republic of Kazakhstan;
2) promptly and fully informing the President of the Republic of Kazakhstan about the state of affairs in the country;
3) ensuring the full implementation of decisions of the President of the Republic of Kazakhstan;
4) exercising other powers, established by the Head of State.
Article 38. Consultative and advisory bodies, institutions and organizations under the President of the Republic of Kazakhstan
1. In order to exercise the constitutional powers of the President of the Republic of Kazakhstan and ensure his activities consultative and advisory bodies, other institutions, and organizations under the President of the Republic of Kazakhstan shall be established.
2. The President of the Republic of Kazakhstan shall:
1) determine the composition of consultative and advisory bodies and establish other institutions and organizations under the President of the Republic of Kazakhstan;
2) appoint the heads of consultative and advisory bodies, other institutions and organizations under the President of the Republic of Kazakhstan;
3) approve regulations on consultative and advisory bodies, other institutions and organizations under the President of the Republic of Kazakhstan;
4) hear reports from the heads of consultative and advisory bodies on performance of these bodies.
3. Staff members of the consultative and advisory bodies under the President of the Republic of Kazakhstan shall be employees of the Administration of the President of the Republic of Kazakhstan, except in cases established by the legislation of the Republic of Kazakhstan.
4. The organization of the activities and powers of the Security Council of the Republic of Kazakhstan shall be determined by law.
Chapter 7. FORMER PRESIDENTS OF THE REPUBLIC OF KAZAKHSTAN
Article 39. Status of ex-Presidents of the Republic of Kazakhstan
1. All the former Presidents of the Republic of Kazakhstan, except those removed from office, shall hold the title of the former President of the Republic of Kazakhstan.
2. The former President of the Republic of Kazakhstan shall have the right to attend meetings of the Kurultai of the Republic of Kazakhstan, ceremonial meetings marking the inauguration of the President of the Republic of Kazakhstan, state holidays of the Republic of Kazakhstan and other events held by the state.
3. The honor and dignity of the former President of the Republic of Kazakhstan shall be inviolable. Any violation of the honor and dignity of the former President of the Republic of Kazakhstan shall be prosecuted by law.
Article 40. Provision for ex-Presidents of the Republic of Kazakhstan
1. The provision, services and security of an ex-President of the Republic of Kazakhstan shall be funded from the republican budget.
2. The ex-President of the Republic of Kazakhstan shall be:
1) granted by decision of the President of the Republic of Kazakhstan a lifetime pension equal to eighty percent of the official salary of the President of the Republic of Kazakhstan. The pension of the former President of the Republic of Kazakhstan, established in accordance with this Constitutional Law, shall increase in line with increases in the official salary of the President of the Republic of Kazakhstan;
2) provided with an apartment and residence, security, official transportation (land and air) with drivers, medical care and travel within the country.
3. Upon completion of his term of office as President of the Republic of Kazakhstan the materials in the President’s personal archive and personal library shall become the property of the former President of the Republic of Kazakhstan.
Article 41. Guarantees of the Rights of former Presidents of the Republic of Kazakhstan
A former President of the Republic of Kazakhstan shall not be held criminally or administratively liable for actions, committed while exercising the powers of the President of the Republic of Kazakhstan, except in cases of treason.
Chapter 8. FINAL PROVISIONS
Article 42. Application of other legislative acts regarding the activities of the President of the Republic of Kazakhstan
The provisions of the legislation of the Republic of Kazakhstan on civil service, the labor legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on pension provision shall not apply to the President of the Republic of Kazakhstan.
Article 43. Enactment procedure for this Constitutional Law
1. This Constitutional Law shall take effect on July 1, 2026.
2. The Constitutional Law of the Republic of Kazakhstan of December 26, 1995 "On the President of the Republic of Kazakhstan" shall be deemed invalid as of the date of enactment of this Constitutional Law.
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