Unofficial translation
This Constitutional Law in accordance with the Constitution of the Republic of Kazakhstan shall define the organization and activities of the Kurultai of the Republic of Kazakhstan and the legal status of its deputies.
Chapter 1. GENERAL PROVISIONS
Article 1. Status of the Kurultai
The Kurultai of the Republic of Kazakhstan is the supreme representative body of the Republic of Kazakhstan, exercising legislative power.
Article 2. Legal foundations and principles of the Kurultai activity
1. The Kurultai shall pursue its activities in accordance with the Constitution of the Republic of Kazakhstan, this Constitutional Law, other laws of the Republic of Kazakhstan, and also the Rules of Procedure of the Kurultai of the Republic of Kazakhstan.
2. The Kurultai shall carry out its activities during Kurultai sessions through the work of its bodies and deputies.
3. The Kurultai activities shall be based on the principles of legality, collegiality, transparency, political diversity and equality of its deputies.
Article 3. The term of Kurultai powers
1. The term of Kurultai powers shall be determined by the term of powers of the deputies of the Kurultai of the current convocation.
The Kurultai deputies’ tenure shall be five years.
2. The powers of the Kurultai of the current convocation shall begin at the opening of its first session and end with the commencement of the first session of the Kurultai of the next convocation.
Article 4. Early termination of the Kurultai powers
1. The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai after consultation with the Chairman of the Kurultai 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, requiring the consent of the Kurultai, 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, within one year following the previous dissolution, or in the case established by paragraph 3 of Article 51 of the Constitution of the Republic of Kazakhstan.
The said one-year term shall begin on the day the act of the President of the Republic of Kazakhstan on the dissolution of the Kurultai takes effect. This term shall expire in the corresponding month and day of the following year. If the end of the term falls on a month that does not contain the corresponding day, the term shall expire on the last day of that month.
Article 5. Composition of the Kurultai
1. The Kurultai shall be comprised of one hundred and forty-five deputies elected by proportional representation within a single national electoral constituency on the basis of universal, equal and direct suffrage by secret ballot.
2. The procedure for electing deputies to the Kurultai shall be established by constitutional law.
Article 6. Jurisdiction of the Kurultai
The Kurultai shall:
1) adopt constitutional laws and other legislation;
2) conduct a repeat discussion and voting on laws or articles of law that have raised objections from the President of the Republic of Kazakhstan;
3) resolve matters of war and peace;
4) make decisions upon the proposal of the President of the Republic of Kazakhstan on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations to maintain peace and security;
5) announce elections of the President of the Republic of Kazakhstan;
6) initiate convening of a national referendum;
7) give consent to the President of the Republic of Kazakhstan to appoint the Vice President of the Republic of Kazakhstan;
8) give consent to the President of the Republic of Kazakhstan to appoint the Prime Minister of the Republic of Kazakhstan;
9) give consent to the President of the Republic of Kazakhstan to appoint judges of the Constitutional Court, members of the Central Election Commission and the Supreme Audit Chamber;
10) elect and dismiss judges of the Supreme Court of the Republic of Kazakhstan upon the proposal of the President of the Republic of Kazakhstan, administer their oaths of office;
11) deprive judges of the Constitutional Court and judges of the Supreme Court of immunity;
12) terminate the powers of a Kurultai deputy and, upon the recommendation of the Prosecutor General of the Republic of Kazakhstan decide on depriving a Kurultai deputy of his immunity;
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 by 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 republican budget execution;
17) have the right upon the initiative of at least one-third of the total number of Kurultai deputies to hear progress reports from members of the Government of the Republic of Kazakhstan;
18) hold hearings and government hours on matters within their jurisdiction;
19) adopt regulations for its activities 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, conferred on the Kurultai by the Constitution of the Republic of Kazakhstan.
Article 7. Languages of the Kurultai work
The use of languages in the work of the Kurultai shall be governed by the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on languages.
Article 8. International cooperation of the Kurultai
The Kurultai shall pursue international cooperation with the parliaments of foreign states, international and inter-parliamentary organizations in accordance with the procedures, set forth in the Rules of Procedure of the Kurultai.
Chapter 2. ORGANIZATIONAL FORMS OF THE KURULTAI ACTIVITY
Article 9. Kurultai sessions
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 the election results publication.
3. At the first session of the Kurultai until its chairperson is elected the chairperson of the Central Election Commission of the Republic of Kazakhstan shall preside at the meetings.
4. Regular sessions of the Kurultai shall be held once a year, beginning on the first working day of September and ending on the last working day of June.
Working days shall be understood to mean days that are not weekends or holidays (national and public holidays).
5. A Kurultai session shall be opened and closed at a meeting of the Kurultai.
A Kurultai session, as a rule, is opened by the President of the Republic of Kazakhstan, and in his absence - by the Kurultai Chairman.
6. Between regular sessions of the Kurultai the President of the Republic of Kazakhstan may on his own initiative, at the proposal of the Kurultai Chairman or at the request of at least one-third of the total number of Kurultai deputies, convene an extraordinary session of the Kurultai. Only those issues that served as the basis for convening the session may be considered at such a session.
Article 10. Kurultai meetings
1. Meetings of the Kurultai shall be convened by the Kurultai Chairman.
2. Meetings of the Kurultai shall be held in the presence of at least two-thirds of the total number of Kurultai deputies.
3. Meetings of the Kurultai shall be open to the public. In cases, stipulated by the Rules of Procedure of the Kurultai, closed meetings may be held.
The President of the Republic of Kazakhstan, the Vice President, the Prime Minister and members of the Government, the Chairman of Kazakhstan People's Council, the Chairman of Kazakhstan National Bank, the Prosecutor-General, the Chairman of the National Security Committee, the Head of the Presidential Administration of the Republic of Kazakhstan shall have the right to attend any meetings of the Kurultai, both open and closed, and to be heard.
4. Officials of state bodies and local governments, whose presence at a meeting is required by a decision of the Kurultai, are required to attend the Kurultai and provide the necessary explanations on matters within their jurisdiction. The Kurultai shall not have the right to make such decisions in respect of the President and Vice President of the Republic of Kazakhstan.
Article 11. Kurultai Chairman
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 Kurultai Chairman position 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 Kurultai Chairman.
2. The Kurultai Chairman may be recalled from office and may also resign if a majority of the total number of Kurultai deputies vote in favor of it.
The issue of the Kurultai Chairman’s dismissal from the post held shall be considered by the Kurultai on submission of the President of the Republic of Kazakhstan for the Chairman of the Kurultai, on the initiative of at least two-thirds of the total number of Kurultai deputies, or on the personal application of the Kurultai Chairman.
3. The Kurultai Chairman shall:
1) open sessions of the Kurultai, unless otherwise provided by the Constitution of the Republic of Kazakhstan;
2) convene and preside over the Kurultai meetings;
3) exercise general supervision over the preparation of issues, submitted for consideration by the Kurultai;
4) submit candidates for election to the Kurultai as deputy chairmen;
5) ensure compliance with the regulations of the Kurultai;
6) manage the activities of the Kurultai Bureau;
7) sign the acts, issued by the Kurultai;
8) perform other duties, assigned to him by this Constitutional Law and the Rules of Procedure of the Kurultai.
4. The Kurultai Chairman shall have the right to cast a deciding vote in the event of a tie in the Kurultai voting.
5. The Kurultai Chairman shall have three deputies, elected by the Kurultai upon the nomination of the Chairman of the Kurultai by a majority of votes of the total number of deputies of the Kurultai.
Deputy chairmen of the Kurultai shall perform certain functions as authorized by the Chairman of the Kurultai, and also act as Chairman of the Kurultai in the event of the Chairman's absence or inability to perform his duties.
Deputy chairmen of the Kurultai may be recalled from office at the proposal of the Kurultai Chairman, if a majority of the total number of Kurultai deputies votes in favor.
6. The Kurultai Chairman shall issue orders on matters within his jurisdiction.
Article 12. Coordinating body of the Kurultai
1. The Bureau of the Kurultai, formed under the Kurultai Chairman shall be the Kurultai’s coordinating body.
2. The Bureau of the Kurultai shall include the deputy chairmen of the Kurultai, the chairmen of the standing committees, and the leaders of the factions of political parties, represented in the Kurultai.
3. The Kurultai Bureau shall:
1) coordinate the work of the standing committees and commissions of the Kurultai;
2) prepare proposals for the Kurultai in the order of consideration of issues at Kurultai meetings;
3) assist in organizing joint work of the standing committees on issues within the competence of several committees;
4) resolve other issues, related to the organization of the work of the Kurultai not assigned by this Constitutional Law and the Rules of Procedure to the competence of other bodies and officials of the Kurultai.
4. Meetings of the Kurultai Bureau shall be convened by the Chairman of the Kurultai as necessary and be valid when attended by at least two-thirds of its total member’s number.
5. The powers and procedures of the Kurultai Bureau shall be determined by this Constitutional Law and the Rules of Procedure of the Kurultai.
6. The Kurultai Bureau shall issue resolutions on matters within its purview.
Article 13. Working bodies of the Kurultai
1. The standing committees and commissions shall be the working bodies of the Kurultai.
2. Standing committees shall be formed to conduct legislative work, preliminary review and preparation of issues within the Kurultai purview.
3. Commissions shall be formed in cases, stipulated by the Constitution of the Republic of Kazakhstan.
4. The powers and procedures of the standing committees and commissions shall be determined by this Constitutional Law and the Rules of Procedure of the Kurultai.
5. On matters within their purview the standing committees and commissions shall issue resolutions.
Resolutions of the standing committees and commissions shall be adopted by a majority vote of the total number of their members.
Article 14. Advisory bodies under the Kurultai
1. Advisory bodies may be established under the Kurultai to develop proposals on matters within its purview.
2. The procedure for establishing advisory bodies shall be determined by the Rules of Procedure of the Kurultai.
3. Decisions of advisory bodies shall be advisory in nature.
Article 15. Hearings in the Kurultai
1. The Kurultai shall hold hearings on matters within its purview.
2. Hearings shall be held by decision of the Kurultai Bureau, which determines the lead committee(s) responsible for preparing for the hearings.
Hearings may be open or closed.
3. Hearings shall not be held during Kurultai sessions.
4. The opposition in the Kurultai shall have the right to initiate hearings at least once during a single session in the manner, prescribed by the Kurultai Rules of Procedure.
5. The procedure for holding hearings shall be established by the Kurultai Rules of Procedure.
Article 16. The Government hour
1. Government hours may be held in the Kurultai on issues within the purview of state bodies and organizations.
2. Government hours shall be held by decision of the Kurultai Bureau and by the standing committees and may be held in open or closed format.
3. The agenda items for government hours shall be determined by the Kurultai Bureau on the motions from the Kurultai standing committees.
The opposition in the Kurultai shall have the right to determine the agenda for government hours at least twice during a single session.
4. The Government hour shall not be held during Kurultai sessions.
5. The procedure for conducting government hours shall be established by the Kurultai Rules of Procedure.
Chapter 3. ACTS OF THE KURULTAI
Article 17. Acts of the Kurultai
1. In accordance with the Constitution of the Republic of Kazakhstan the Kurultai shall adopt laws, including constitutional ones that regulate the most important social relations.
On other matters within its jurisdiction, the Kurultai shall issue resolutions.
2. Laws and resolutions of the Kurultai shall be binding throughout the Republic of Kazakhstan.
3. Laws and resolutions of the Kurultai must not contradict the Constitution of the Republic of Kazakhstan. Resolutions of the Kurultai must not contradict laws.
4. The Kurultai shall have the right to accept appeals, declarations and statements that are not of a legislative nature on matters within its jurisdiction. The procedure for their adoption shall be established by the Rules of Procedure of the Kurultai.
Article 18. Rules of Procedure of the Kurultai
1. The Rules of Procedure of the Kurultai shall establish:
1) the organization of Kurultai's activities;
2) the procedure for forming and organizing the activities of the Kurultai's coordinating, working and consultative-advisory bodies;
3) the procedure for creating and organizing the activities of deputy associations, including factions of political parties, as well as the majority and opposition in the Kurultai;
4) the conditions and procedure for holding Kurultai meetings;
5) the procedure for holding hearings and government hours;
6) the procedure for exercising the right of legislative initiative;
7) the rules of the legislative process in the Kurultai and the procedure for discussing draft laws in the working bodies of the Kurultai;
8) the procedure for the exercise of powers by deputies and officials of the Kurultai.
2. The Rules of Procedure of the Kurultai shall be approved by a resolution of the Kurultai.
3. Any meeting of deputies of the Kurultai, which for the purpose of exercising its constitutional powers is held without observing the Rules of Procedure of the Kurultai, shall be deemed unlawful. Acts adopted by such a meeting shall be invalid.
Chapter 4. LEGISLATIVE PROCESS IN THE KURULTAY
Article 19. Legislative Initiative
1. A legislative initiative is the official introduction by the subject of the right of legislative initiative of the text of the draft law, which is mandatory for consideration by the Kurultai.
2. The right of legislative initiative shall be exercised exclusively in the Kurultai and belong to:
1) the President of the Republic of Kazakhstan, who submits a draft law by special address;
2) deputies of the Kurultai, who submit a draft law by a motion;
3) the Government, which submits a draft law by a resolution;
4) Kazakhstan Halyk Kenesi, which introduces the draft law by a decision.
3. Draft laws, submitted to the Kurultai shall be sent to the relevant committees for consideration by resolution of the Kurultai Bureau and may be considered at a Kurultai meeting only if they have conclusions of the standing committees of the Kurultai on them.
4. Draft laws that provide for a reduction in state revenues or an increase in state expenditures, may be submitted only with the positive conclusion of the Government. For draft laws, submitted to the Kurultai by way of legislative initiative of the President of the Republic of Kazakhstan, such a conclusion is not required.
5. Issues, related to the procedure for exercising the right of legislative initiative and not regulated by this Constitutional Law, shall be resolved by the Rules of Procedure of the Kurultai.
Article 20. Competence of the Kurultai in adopting laws
The Kurultai shall have the right to issue laws that regulate the most important social relations and establish fundamental principles and norms concerning:
1) the legal capacity of individuals and legal entities, civil rights and freedoms, obligations and liability of individuals and legal entities;
2) ownership regime and other property rights;
3) the principles of the organization and activities of state bodies and local governments, state 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) issues of amnesty;
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 national defense and security;
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 of the Republic of Kazakhstan.
Article 21. Order of priority and timeframe for consideration of draft Laws by Kurultai
1. The priority and timeframe for consideration of draft laws by the Kurultai shall be determined by the Kurultai Bureau, and also in cases, established by the Constitution of the Republic of Kazakhstan- by the President of the Republic of Kazakhstan.
2. The President of the Republic of Kazakhstan shall have the right to determine by a special address to the Kurultai the priority of consideration of draft laws, meaning that the relevant bills must be adopted as a matter of urgency within two months. The procedure for their consideration shall be determined by the Rules of Procedure of the Kurultai.
3. 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, the constitutional order, protection of public order, economic security of the country, shall be subject to immediate consideration by the Kurultai.
In the event that draft laws, 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 Article 60 of the Constitution of the Republic of Kazakhstan, which shall be valid until the laws adopted by the Kurultai take effect or until the Kurultai rejects the bills.
Article 22. Adoption of constitutional laws, laws and resolutions of the Kurultai
1. Constitutional laws shall be adopted on the issues, provided for by the Constitution of the Republic of Kazakhstan, by a majority of at least two-thirds of the total number of deputies of the Kurultai.
2. Laws shall be adopted by the Kurultai by a majority vote of the total number of its deputies, unless otherwise provided by the Constitution of the Republic of Kazakhstan.
3. Resolutions of the Kurultai shall be adopted by a majority vote of the total number of deputies of the Kurultai, unless otherwise provided by the Constitution of the Republic of Kazakhstan.
4. The procedure for developing, submitting, discussing, enacting and publishing legislative and other regulatory legal acts of the Republic of Kazakhstan shall be regulated by law and the Rules of Procedure of the Kurultai.
Article 23. Submission of Laws to the President of the Republic of Kazakhstan for signature
1. Before being signed by the President of the Republic of Kazakhstan, laws shall be first signed by the Kurultai Chairman and the Prime Minister, who are responsible for ensuring their compliance with the Constitution and laws of the Republic of Kazakhstan.
2. Laws, adopted by the Kurultai shall be submitted to the President of the Republic of Kazakhstan for signature within ten days in the manner, established by the Rules of Procedure of the Kurultai.
3. The President of the Republic of Kazakhstan shall sign the law, submitted by the Kurultai within one month, promulgate the law or return the law or individual articles for repeat discussion and voting.
The one-month period for signing laws by the President of the Republic of Kazakhstan begins on the day the law is received by the President of the Republic of Kazakhstan and ends on the corresponding day (date) of the following month. If the end of the period falls in a month that does not have the corresponding date, the period expires on the last day of that month.
A law not returned within the period, specified in the first part of this paragraph shall be considered signed.
4. If a Kurultai session closes before the expiration of the period during which a law may be returned by the President of the Republic of Kazakhstan, the law shall be returned on the first day of the next Kurultai session.
5. Laws, including constitutional ones, shall take effect after they are signed by the President of the Republic of Kazakhstan.
Article 24. Consideration by the Kurultai of objections of the President of the Republic of Kazakhstan
1. A law or its individual articles returned with objections from the President of the Republic of Kazakhstan after the relevant standing committee of the Kurultai has developed a conclusion shall be brought to a meeting of the Kurultai for a decision.
2. A repeat discussion and vote on the law or its individual articles that raised objections from the President of the Republic of Kazakhstan shall be held within a one-month period, which begins on the day the objections are submitted and ends on the corresponding day (date) of the following month. If the end of the period falls in a month that does not contain the corresponding day (date), the period shall expire on the last day of that month. The one-month period shall be interrupted if it does not coincide with the sessional period of the Kurultai, as established by paragraph 3 of Article 58 of the Constitution of the Republic of Kazakhstan, with the exception of cases, stipulated by paragraph 4 of Article 58 and paragraphs 2 and 4 of Article 60 of the Constitution of the Republic of Kazakhstan. Failure to comply with this period shall mean acceptance of the objections of the President of the Republic of Kazakhstan.
3. During the consideration of objections in the Kurultai, the President of the Republic of Kazakhstan, taking into account the proposals of deputies, shall have the right to amend the wording of the law as a whole or individual articles proposed in the objections.
4. During a repeat discussion and vote on the law or individual articles at a meeting of the Kurultai the vote shall be conducted on the law as a whole, if the law as a whole has raised objections from the President of the Republic of Kazakhstan, or on individual articles that have raised objections from the President.
5. If the Kurultai overrides the objections of the President of the Republic of Kazakhstan on a constitutional law or individual articles by a three-quarters majority of the total number of deputies, and on a law or individual articles by a two-thirds majority of the total number of deputies, the President shall sign the constitutional law or the law within one month.
6. If the objections of the President of the Republic of Kazakhstan are not overcome, the constitutional law or the law shall be considered rejected or adopted in the wording, proposed by the President.
Article 25. Rejection of bills
1. The Kurultai shall have the right to reject a draft law in its entirety by a majority vote of all deputies. A draft law may be rejected at any stage of its consideration. A rejected bill shall be considered not adopted and shall be returned to its initiator.
2. In connection with the rejection of a draft law, submitted by the Government the Prime Minister shall have the right to raise a vote of confidence in the Government at a meeting of the Kurultai. A vote on this issue shall be held no earlier than forty-eight hours after the vote of confidence is raised. If a motion for a vote of no confidence does not receive a majority of votes from all the Kurultai deputies, the bill shall be considered adopted without a vote. However, the Government may not exercise this right more than twice a year.
The term "year" in the first part of this paragraph shall be understood to mean the current year (from January 1 to December 31).
Article 26. Withdrawal of Bills
The President of the Republic of Kazakhstan, deputies of the Kurultai, the Government and the Kazakhstan Khalyk Kenesi shall have the right to withdraw from the Kurultai a bill, submitted by them as a legislative initiative at any stage of its consideration.
The procedure for withdrawing a bill shall be determined by the Rules of Procedure of the Kurultai.
Chapter 5. EXERCISE BY THE KURULTAI OF ITS POWERS TO GRANT CONSENT TO THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN TO APPOINT OFFICIALS OF THE REPUBLIC OF KAZAKHSTAN, ELECTION AND REMOVAL FROM OFFICE OF SUPREME COURT JUDGES, AND ALSO LIFTING OF IMMUNITY OF JUDGES OF THE CONSTITUTIONAL COURT AND JUDGES OF THE SUPREME COURT
Article 27. Granting the Kurultai consent to the President of the Republic of Kazakhstan to the appointment of officials of the Republic of Kazakhstan
1. The list of officials of the Republic of Kazakhstan, appointed to positions by the President of the Republic of Kazakhstan with the Kurultai consent, shall be determined by the Constitution of the Republic of Kazakhstan.
2. To obtain the Kurultai consent for the appointment of the Vice President, Prime Minister, judges of the Constitutional Court, members of the Central Election Commission and the Supreme Audit Chamber of the Republic of Kazakhstan, the President of the Republic of Kazakhstan shall bring written submissions to the Kurultai, on the basis of which a decision shall be made to include the relevant issue in the agenda of the next Kurultai meeting.
The candidacy of the Prime Minister of the Republic of Kazakhstan shall be proposed by the President of the Republic of Kazakhstan after consultations with the political party factions, represented in the Kurultai.
3. The consent of the Kurultai to the appointment of officials of the Republic of Kazakhstan, referred to in paragraph 2 of this article shall be given at a Kurultai meeting by a majority vote of the total number of deputies.
When considering consent to appointments to positions at a Kurultai meeting the candidates shall be nominated by the President of the Republic of Kazakhstan or an official authorized by him.
4. Nominees for the positions of judges of the Constitutional Court, members of the Central Election Commission and the Supreme Audit Chamber shall be subject to discussion at a meeting of the relevant standing committee of the Kurultai, determined by a decision of the Kurultai Bureau, prior to consideration at a meeting of the Kurultai. Following the discussion the committee shall issue a conclusion, which shall be announced at the Kurultai meeting.
5. If the Kurultai decides to decline the appointment of candidates, proposed by the President, the President shall submit written nominations to the Kurultai for the same individuals or for new candidates.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of repeated refusal to consent to appointments to the positions of Vice President, Prime Minister, judges of the Constitutional Court, members of the Central Election Commission and the Supreme Audit Chamber, with the exception of cases, stipulated in paragraph 3 of Article 62 of the Constitution of the Republic of Kazakhstan.
6. The decision of the Kurultai on candidates for official positions of the Republic of Kazakhstan, appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai, shall be made separately on each candidate by open voting, unless the Kurultai determines a different voting procedure, and shall be formalized by a resolution.
The decision of the Kurultai to reject the appointment of candidates, nominated by the President of the Republic of Kazakhstan to positions must contain a detailed explanation of the reasons for the rejection.
Article 28. Election and dismissal of judges of the Supreme Court of the Republic of Kazakhstan
1. The Kurultai, upon the nomination by the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council of the Republic of Kazakhstan, shall elect and dismiss judges of the Supreme Court of the Republic of Kazakhstan at a meeting of the Kurultai by a majority vote of the total number of deputies.
The President of the Republic of Kazakhstan shall submit written nominations to the Kurultai, based on which a decision shall be made to enter the relevant issue on the agenda of the next Kurultai meeting.
2. The proposed candidates for election and dismissal of judges of the Supreme Court of the Republic of Kazakhstan shall be subject to discussion at a meeting of the relevant standing committee of the Kurultai, determined by decision of the Kurultai Bureau prior to consideration at the Kurultai meeting. Following the discussion the committee shall issue a conclusion, which shall be announced at the Kurultai meeting.
3. When considering the issue at the Kurultai meeting the candidates shall be presented by the President of the Republic of Kazakhstan or an official authorized by him.
4. If the Kurultai failed to adopt a decision on the election of judges to the positions of judges of the Supreme Court of the Republic of Kazakhstan, the President of the Republic of Kazakhstan shall submit written nominations to the Kurultai regarding the same persons or new candidates.
If the Kurultai failed to adopt a decision on the dismissal of judges of the Supreme Court of the Republic of Kazakhstan, the President of the Republic of Kazakhstan shall have the right to make a second submission to the Kurultai on this matter.
5. The decision of the Kurultai on the election and dismissal of judges of the Supreme Court of the Republic of Kazakhstan shall be made by a majority vote of the total number of Kurultai deputies separately on each candidate by open voting, unless the Kurultai determines a different voting procedure and shall be formalized by a resolution.
A decision to reject candidates for election or dismissal, submitted by the President of the Republic of Kazakhstan must contain a detailed explanation for the rejection.
Article 29. Lifting of immunity of judges of the Constitutional Court, judges of the Supreme Court
1. Judges of the Constitutional Court, judges of the Supreme Court may not be detained during their term of office, except in cases of being caught in the act of committing a crime or of committing serious or particularly serious crimes, held in custody, placed under house arrest, summoned, subjected to administrative penalties imposed by a court, or held criminally liable without the Kurultai consent.
2. To obtain consent for the arrest, detention, house arrest, summons, application of administrative penalties imposed by a court, or to bring criminal charges against a Constitutional Court judge or a Supreme Court judge, the Prosecutor General shall submit a motion to the Kurultai. This motion shall be submitted before the Constitutional Court judge or Supreme Court judge is informed of the ruling on the classification of the suspect's actions, before the arrest, before the petition to the court for sanctioning the suspect's detention, house arrest, summons, or referral of the administrative offense case to court.
The Prosecutor General's motion shall be reviewed no later than two weeks from the date of its receipt, and the Kurultai shall have the right to request additional information from the relevant officials. The Kurultai shall make a reasoned decision and forward it within three business days to the Prosecutor General and the head of the state body, conducting the inquiry and preliminary investigation. A judge of the Constitutional Court or a judge of the Supreme Court shall have the right to participate in the Kurultai's consideration of the issue of their immunity.
3. After the grounds for initiating a pre-trial investigation have been recorded in the Unified Register of pre-trial investigations, the pre-trial investigation may be continued only with the consent of the Prosecutor General. In cases, where a judge of the Constitutional Court or a judge of the Supreme Court is detained at the scene of a crime, or where the preparation or attempt to commit a serious or especially serious crime was established, or where they committed a serious or especially serious crime, the pre-trial investigation against them may be continued until the consent of the Prosecutor General is obtained, but they must be notified within 24 hours.
The Prosecutor General shall oversee compliance with the law during the investigation.
Chapter 6. INTERACTION OF THE KURULTAI WITH THE GOVERNMENT
Article 30. Consultations with the Kurultai on candidates for appointment to positions of the Government members
1. On candidates, submitted by the Prime Minister to the President of the Republic of Kazakhstan for appointment to positions of the Government members, consultations shall be held with the Kurultai in its relevant standing committees.
2. When conducting consultations at a meeting of the standing committee, the candidates for appointment to positions shall be presented by the Prime Minister or an official authorized by him.
3. Based on the results of consultations, the standing committee shall issue an opinion on each candidate under discussion, which shall be of a recommendatory nature.
Article 31. Government members' reports on their activities
The Kurultai shall have the right upon the initiative of at least one-third of the total number of Kurultai deputies to hear reports from Government members on their activities.
Following the hearing of the Government members' reports, the Kurultai by a majority of at least two-thirds of the total number of deputies shall have the right to apply to the President of the Republic of Kazakhstan for dismissing a Government member for failure to comply with the laws of the Republic of Kazakhstan. In this case the President of the Republic of Kazakhstan shall dismiss the Government member.
Article 32. Prime Minister's report on the government performance
The Kurultai shall hear the Prime Minister's report on the Government's main activities and all its major decisions at a meeting of the Kurultai.
Article 33. Vote of no confidence in the Government
1. Upon the initiative of at least one-fifth of the total number of the deputies the Kurultai shall have the right to express a vote of no confidence in the Government by a majority vote of the total number of the Kurultai deputies.
2. Non-approval by the Kurultai of the Government's report on the republican budget execution shall mean a vote of no confidence in the Government.
3. In connection with the rejection of a draft law, submitted by the Government, the Prime Minister shall have the right to raise the issue of confidence in the Government at a meeting of the Kurultai.
Article 34. Government conclusion on bills and amendments by Kurultai deputies
Draft laws, initiated by Kurultai deputies and requiring a positive Government conclusion in accordance with paragraph 6 of Article 60 of the Constitution of the Republic of Kazakhstan, shall be submitted for Government opinion prior to their official submission to the Kurultai.
Amendments by deputies to the bills under consideration by the Kurultai that propose a reduction in state revenue or an increase in state expenditure may be submitted only with a positive Government conclusion.
The deadline for submitting Government conclusions may not exceed three months.
Chapter 7. POWERS AND ORGANIZATION OF THE ACTIVITIES OF THE STANDING COMMITTEES AND COMMISSIONS OF THE KURULTAY
Article 35. Standing Committees of the Kurultai
1. Standing committees shall be formed at a meeting of the Kurultai from among the deputies at the first Kurultai session.
The number of committees and their names shall be determined by the proposal of the deputies. The number of committees shall not exceed eight.
2. The Kurultai Chairman and his deputies may not be members of the standing committees of the Kurultai.
A Kurultai deputy may be a member of only one committee.
Standing committees shall be formed taking into account the representation of political party factions.
3. The activity areas of the standing committees shall be determined by the Kurultai Bureau.
4. Issues, related to the procedure for the formation and organization of the activities of the standing committees and not regulated by this Constitutional Law shall be resolved by the Rules of Procedure of the Kurultai.
Article 36. Chairmen of standing committees
1. The work of a standing committee shall be led by its chairman.
2. The chairmen of standing committees shall be elected at a Kurultai meeting by a majority vote of the total number of Kurultai deputies through open voting, unless the Kurultai determines a different voting procedure. The decision shall be made separately on each candidate and shall be formalized by a resolution.
Candidates for committee chairmen positions shall be nominated by deputies.
The opposition in the Kurultai shall have the right to nominate candidates for committee chairmen positions from among its deputies.
The chair of one of the Kurultai committees shall be elected from among the deputies, nominated by the opposition in the Kurultai, in the manner, prescribed by part one of this paragraph.
3. The chair of a standing committee may be recalled from office by a majority vote of the total number of Kurultai deputies upon the initiative of at least two-thirds of the total number of committee members.
The chairman of the committee shall have the right to submit to the Kurultai Chairman an application for dismissal from office, which shall be considered accepted, if a majority of the total number of the Kurultai deputies voted for it.
4. The chairman of the standing committee shall have one deputy, elected at a meeting of the committee from among its members by a majority vote of the total number of the committee members by open voting.
Candidates for the position of deputy chairman of the committee shall be nominated by members of the committee.
The opposition in the Kurultai shall have the right to nominate candidates from among its deputies for the positions of deputy chairmen of committees.
Deputy chairmen of two Kurultai committees shall be elected from among the deputies, nominated from the opposition in the Kurultai in the manner, prescribed by part one of this paragraph.
The deputy chairman of the committee shall handle matters, related to the committee’s internal organization, preside over committee meetings as authorized by the chairman and perform the duties of the chairman in the event of the chairman’s absence or inability to perform his duties.
The deputy chairman of the committee may be recalled from office by a majority vote of the total number of committee members at the proposal of the committee chairman or committee members.
The deputy chairman of the committee shall have the right to submit an application for dismissal from office to the chairman of the committee, which shall be considered accepted, if a majority of the committee members vote for it.
5. The chairman and deputies of the standing committees, elected from among the deputies, nominated from the opposition in the Kurultai, shall be elected to various committees of the Kurultai.
Article 37. Powers of standing committees
1. To exercise its powers to conduct legislative work the standing committee of the Kurultai shall:
1) provide opinions on draft laws;
2) upon instruction from the Kurultai Bureau act as the lead committee on draft laws and summarize amendments from deputies and standing committees;
3) have the right to form a task group to review a draft law for which it acts as the lead committee and include in its membership the initiators of the draft law, deputies, representatives of state bodies, public associations, business entities, scientists and specialists;
4) submit a motion to the Kurultai Bureau to consider the draft law at a Kurultai meeting;
5) exercise other powers in accordance with this Constitutional Law and the Rules of Procedure of the Kurultai.
2. By decision of the Kurultai Bureau the standing committee shall prepare for hearings and hold government hours.
3. The Kurultai or its Bureau may designate a standing committee as the lead committee for the preliminary review and preparation of other issues within the Kurultai jurisdiction.
4. Standing committees shall be free to choose the forms and methods of their activities within their areas of competence.
Article 38. Meetings of standing committees
1. Meetings of the standing committees shall be held as necessary, but no less than twice a month.
The chairman of the standing committee or the deputy chairman of the committee presides over the meetings.
Committee meetings shall be valid if at least two-thirds of the total number of their members is present.
Committee meetings shall be convened by the committee chairman on their own initiative or at the proposal of committee members.
2. Meetings of the standing committees shall be open. In cases, stipulated by the rules of the Kurultai, closed meetings may be held.
The President of the Republic of Kazakhstan, the Vice President, the Prime Minister and members of the Government, the Chairman of Kazakhstan Halyk Kenesi, the Chairman of Kazakhstan National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman and members of the Supreme Audit Chamber, the heads of the Administration of the President of the Republic of Kazakhstan and the Government Office of the Republic of Kazakhstan, representatives of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan in the Kurultai shall have the right to attend any committee meetings, both open and closed and to be heard.
3. Media representatives may attend open committee meetings provided they are accredited by the Kurultai.
Article 39. Kurultai commissions
1. Kurultai commissions shall be formed at a Kurultai meeting.
2. To exercise the powers of the Kurultai, as provided for in paragraphs 2 and 3 of Article 50 of the Constitution of the Republic of Kazakhstan, the Kurultai shall form special commissions.
To exercise the powers of the Kurultai, as provided for in subparagraphs 17) and 18) of Article 56 of the Constitution of the Republic of Kazakhstan, the Kurultai shall form interim commissions.
3. The activities of the commissions shall be temporary in nature and limited to the range of issues, submitted for their consideration.
The Kurultai resolution on the formation of the commission shall define its objectives, composition and duration.
4. The work of the commission shall be led by its chairman, elected at a Kurultai meeting by a majority vote of the total number of Kurultai deputies through open voting, unless the Kurultai determines a different voting procedure.
5. Issues, related to the procedure for the formation and organization of the activities of commissions and not regulated by this Constitutional Law, shall be resolved by the Rules of Procedure of the Kurultai.
Chapter 8. DEPUTY ASSOCIATIONS IN THE KURULTAY
Article 40. Types of deputy associations
1. Kurultai deputies shall have the right to create deputy associations in the form of political party factions and deputy groups.
The powers, organization and activities of political party factions and deputy groups, support for their work shall be determined by the Rules of Procedure of the Kurultai.
2. Registration of political party factions and deputy groups shall be carried out by the Kurultai Bureau.
Article 41. Political party factions
1. A political party faction is an organized group of Kurultai deputies, representing a political party, formed in the Kurultai to express the interests of the respective political party.
Only one faction per political party may be created in the Kurultai.
2. The leaders of political party factions, and in their absence or upon their authorization representatives of political party factions shall be guaranteed the right to speak at meetings of the Kurultai, standing committees, working groups, hearings and other events.
Article 42. Deputy group
A deputy group is an association of deputies for the joint exercise of their powers.
A deputy group must consist of at least fifteen Kurultai deputies.
Article 43. Majority and opposition in the Kurultai
1. The majority in the Kurultai is the political party that received the largest number of seats in the Kurultai.
2. The opposition in the Kurultai is the political party or parties, represented in the Kurultai that are not part of the majority in the Kurultai and that generally take a different position, than the majority on socio-economic and (or) public-political issues.
The opposition in the Kurultai may support the majority party in the Kurultai on certain issues.
Affiliation with the opposition in the Kurultai shall be indicated by the political party's faction upon registration.
Chapter 9. STATUS OF THE KURULTAI DEPUTIES
Article 44. A Kurultai deputy
1. The term of office of a Kurultai deputy shall start upon his registration as a Kurultai deputy by the Central Election Commission of the Republic of Kazakhstan.
Deputies shall take the following oath to the people of Kazakhstan: "I swear to faithfully serve the people of Kazakhstan, strengthen the integrity and independence of the Republic of Kazakhstan, strictly obey its Constitution and laws, and conscientiously fulfill the high duties entrusted to me as a deputy."
The oath shall be administered by the President of the Republic of Kazakhstan in the manner, determined by him.
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, 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 upon the recommendation of the Central Election Commission.
3. The powers of a Kurultai deputy shall terminate in the event of his resignation, death, an effective court ruling declaring the deputy legally incapacitated, deceased or missing, the recall of the deputy by decision of the governing body of a political party and other cases, provided for by the Constitution of the Republic of Kazakhstan and this Constitutional Law.
4. A Kurultai deputy shall be deprived of his mandate in the event of:
1) departure for permanent residence outside of Kazakhstan;
2) upon the court's guilty verdict against them taking effect;
3) termination of citizenship of the Republic of Kazakhstan.
4) withdrawal 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.
5. Upon termination of the powers of a Kurultai deputy due to resignation, or upon deprivation of his mandate on the grounds, stipulated in subparagraphs 1), 2), and 3) of paragraph 4 of this article, the Central Election Commission shall adopt a resolution, stating the occurrence of the grounds, entailing the termination of the powers of the Kurultai deputy, and shall adopt a decision to submit to the Kurultai a motion for the early termination of the Kurultai deputy powers.
Based on the motion of the Central Election Commission the Kurultai shall terminate the powers of the respective Kurultai deputy.
6. In the event of termination of the powers of a Kurultai deputy in the event of his death, recognition of his legal incapacity by a final court decision, or recognition of his death or as missing by a decision of the governing body of a political party, and also in the event of deprivation of his mandate on the grounds, stipulated in subparagraphs 4) and 5) of paragraph 4 of this article, the Central Electoral Commission shall adopt a resolution, confirming the loss of the powers of a Kurultai deputy by the relevant person.
7. The powers of Kurultai deputies shall terminate in the event of the Kurultai dissolution.
Article 45. Deputy’s ID card and badge
1. A Kurultai deputy shall have a deputy ID card and deputy badge, which shall be issued to them by the Central Election Commission of the Republic of Kazakhstan upon registration as an elected deputy.
The deputy shall use the deputy ID card and deputy badge throughout his tenure.
2. The regulations on the deputy ID card and deputy badge of the Kurultai, their samples and descriptions shall be approved by the Central Election Commission.
Article 46. Powers of a Kurultai deputy
1. A deputy shall have the right to vote on all matters, considered at Kurultai sessions and meetings of its bodies, of which he is a member.
2. A Kurultai deputy shall have the right to:
1) elect and be elected to the coordinating and working bodies of the Kurultai;
2) make motions and comments on the agenda of Kurultai meetings, the procedure for consideration and the substance of the issues under discussion;
3) express his opinion on the candidacies of officials, who are elected and dismissed from office by the Kurultai, or consent to whose appointment is given by the Kurultai;
4) make motions to the Bureau of the Kurultai on issues, proposed for consideration at the meetings of the Kurultai, and if his motions are not accepted - submit them for consideration at the Kurultai meetings;
5) propose issues for consideration at meetings of the coordination and working bodies of the Kurultai;
6) make motions to hear at a Kurultai session a report or information from officials, accountable to the Kurultai;
7) address parliamentary requests;
8) participate in the debate, put questions to the speakers, as well as to the chairman of the meeting;
9) provide reasons for voting and provide information;
10) introduce amendments to draft laws;
11) make motions for draft resolutions and other acts, provided for in paragraph 4 of Article 17 of this Constitutional Law;
12) bring to the Kurultai deputies’ notice the citizens’ petitions of public significance;
13) review the texts of deputies’ speeches as recorded in the transcripts of Kurultai sessions;
14) exercise other powers in accordance with this Constitutional Law and the Rules of Procedure of the Kurultai.
Article 47. Participation of a deputy in the Kurultai work
1. A Kurultai deputy shall be obligated to participate in the work of the Kurultai and its coordinating and working bodies, of which he is a member.
A deputy shall cast a vote in the Kurultai in person.
2. The Kurultai Chairman or respectively the head of the working body, of which the deputy is a member, within the timeframes, established by the Rules of Procedure of the Kurultai, shall notify a deputy of the time and place of meetings of the Kurultai, meetings of the coordinating and working bodies of the Kurultai, as well as of the issues, submitted for their consideration and shall provide a deputy with the necessary materials on these issues.
3. If a deputy is unable to attend a meeting, he shall notify the Kurultai Chairman or respectively the head of the working body of the Kurultai in advance.
4. A deputy's absence without valid excuse from meetings of the Kurultai and its coordinating and working bodies more than three times, as well as the transfer of voting rights shall entail the penalties, established by this Constitutional Law to the Deputy.
5. A deputy, who is a member of the coordinating and working bodies of the Kurultai shall have the right to submit any questions and proposals for their consideration, participate in the preparation of issues for consideration, discussion and decision-making on them, and also in organizing the implementation of adopted decisions and monitoring their implementation.
A deputy, who disagrees with the decision of the Kurultai's coordinating and working bodies, of which he is a member shall have the right to express his point of view at a Kurultai meeting or communicate it in writing to the meeting chairman.
6. A deputy, who is not a member of the Kurultai's coordinating and working bodies, may attend meetings of the said bodies, submit proposals and participate in the discussion of the issues under consideration and decision-making with an advisory vote.
In the event of disagreement with the decision of the Kurultai's coordinating and working bodies, the deputy may submit their proposals as amendments to a bill or draft resolution. The amendments, submitted by the deputy, shall be considered at a Kurultai meeting and voted on.
Article 48. Parliamentary inquiries and questions
1. A deputy’s inquiry is a formal request made by a deputy during a Kurultai session, addressed to officials of state bodies, asking them to provide a reasoned explanation or state their position on matters, falling within the jurisdiction of that body or official.
2. A Kurultai deputy shall have the right to address inquiries to the Prime Minister and members of the Government, the Chairman of the National Bank, the Chairman and members of the Central Election Commission, the Prosecutor General, the Chairman of the National Security Committee, the Chairman and members of the Supreme Audit Chamber of the Republic of Kazakhstan and the akims of the capital, oblasts and cities of national significance.
Inquiries, addressed to the Prosecutor General or the heads of law enforcement and specialized state bodies, may not concern matters, related to the implementation of criminal prosecution functions.
Inquiries, addressed to the Chairman of the National Security Committee, shall be considered at closed meetings of the Kurultai.
3. The request must be announced at a Kurultai meeting.
In the request the deputy must indicate the official, to whom the request is addressed and the form of the expected response.
4. The officials, to whom the request is addressed, shall respond in the manner, prescribed by the Rules of Procedure of the Kurultai. The response to the request must be submitted within at least one month.
5. At the request of a deputy, the official must announce the response to the request at a Kurultai meeting. A debate may be opened on the response.
If necessary, a resolution of the Kurultai shall be adopted on the response to the request and the outcome of its discussion. The request and its response may be published in the media.
6. At a Kurultai meeting deputies shall have the right to address oral questions to the Prime Minister and members of the Government, the Chairman of the National Bank, the Chairman and members of the Central Election Commission, the Prosecutor General, the Chairman of the National Security Committee, the Chairman and members of the Supreme Audit Chamber of the Republic of Kazakhstan.
Article 49. Right of a Kurultai deputy to a prompt reception by officials
1. On matters related to the deputy activities a Kurultai deputy shall exercise the right to unimpeded visits to state bodies, public associations and state organizations, and also the right to a prompt reception by their directors and other officials.
2. The procedure for deputy visits to organizations, whose activities involve state secrets is established by law.
Article 50. Information support for the activities of the Kurultai deputies
1. The Kurultai office shall provide the deputy with acts, adopted by the Kurultai, its coordinating and working bodies, as well as officially distributed informational and reference materials.
2. State bodies and organizations, their officials shall provide the deputy with advisory assistance on issues, arising in their deputy activities.
Article 51. Material, financial and social support for Kurultai deputies’ activities
1. The salaries of Kurultai deputies shall be established in accordance with the procedure, stipulated in subparagraph 8) of Article 65 of the Constitution of the Republic of Kazakhstan.
2. Between regular Kurultai sessions the deputies shall be granted thirty calendar days of paid annual leave with a health benefit equal to two official salaries.
3. Deputies, residing outside the capital of the Republic of Kazakhstan shall be provided with comfortable and furnished housing from the state housing stock free of charge for the duration of their term of office, in accordance with the standards, established by the legislation of the Republic of Kazakhstan.
4. To maintain relationships between Kurultai deputies and their constituents, to systematically inform them of the activities of the Kurultai, to carry out the instructions of the Kurultai and its coordinating and working bodies, each deputy shall be granted the right to:
1) acquire transportation tickets on a priority basis;
2) travel on official business within the Republic of Kazakhstan. Travel expenses shall be reimbursed from the funds, allocated as prescribed by subparagraph 8) of Article 65 of the Constitution of the Republic of Kazakhstan.
5. If a deputy is sent on official business on an assignment of the Kurultai or its coordinating and working bodies, he shall be reimbursed for travel expenses according to the standards, established by the legislation of the Republic of Kazakhstan.
6. Transportation of Kurultai deputies within the capital of the Republic of Kazakhstan, as well as their medical and health care and health resort treatment, shall be provided in the manner, established by the President of the Republic of Kazakhstan.
7. Upon expiration of his term of office, and also in the event of his resignation or dissolution of the Kurultai and until he is employed or reaches retirement age, a Kurultai deputy shall be paid a monthly allowance in the amount of his average monthly salary, but for no more than three months from the date of the termination of office or acceptance of the resignation.
Article 52. Guarantees for the exercise of powers by a Kurultai deputy
1. Any form of influencing a deputy or their close relatives with the purpose of preventing them from fulfilling their deputy duties shall entail liability under the laws of the Republic of Kazakhstan.
2. Officials of state bodies and public associations, local state bodies and organizations, who fail to fulfill their duties to a deputy, provide them with knowingly false information, violate the guarantees of deputy activity shall be held liable under the laws of the Republic of Kazakhstan.
Article 53. Parliamentary immunity
1. During their term of office a member of the Kurultai may not be detained, subjected to house arrest, forced into custody, subjected to administrative penalties imposed by a court, or prosecuted without the consent of the Kurultai, except in cases of flagrante delicto or serious or especially serious crimes.
2. To obtain consent for the detention, custody, house arrest, summons, or application of administrative penalties imposed by a court, or to bring a deputy to criminal liability, the Prosecutor General shall submit a motion to the Kurultai, which the Kurultai shall forward to the Central Election Commission to prepare for its consideration at a Kurultai session. The motion shall be made before the deputy is informed of the ruling on the classification of the suspect’s actions, before the deputy is detained, before a motion is filed with the court to authorize the deputy’s detention, house arrest, summons, and also before an administrative offense case is referred to court.
The submission of the Prosecutor General and the conclusion of the Central Election Commission shall be considered no later than two weeks from the date of their receipt, and the Kurultai shall have the right to require the relevant officials to provide additional information. The Kurultai shall make a reasoned decision and within three working days forward it to the Prosecutor General and the head of the state body, conducting the inquiry and preliminary investigation. A deputy shall have the right to participate in the Kurultai’s consideration of the issue of his immunity.
3. After the grounds for initiating a pre-trial investigation have been recorded in the Unified register of pre-trial investigations, the pre-trial investigation may be continued only with the consent of the Prosecutor General. If a Kurultai deputy is detained at the scene of a crime, or if preparation or attempted commission of a serious or especially serious crime is established, or where a serious or especially serious crime has been committed, the pre-trial investigation against him may be continued pending the consent of the Prosecutor General, but he must be notified within 24 hours.
The Prosecutor General shall oversee compliance with the law during the investigation.
4. The Central Election Commission shall request information from the relevant court that issued the decision on the case regarding the outcome of the case against the Kurultai deputy and if the guilty verdict against him enters into legal force shall submit a motion to the Kurultai to strip him of the deputy mandate.
Article 54. Disciplinary measures that may be applied to a deputy
1. If a deputy is absent from Kurultai meetings, its coordinating and working bodies more than three times without good reason, he shall be denied payment of the salary for the days of absence.
If a deputy is absent from meetings of the Kurultai, its coordinating and working bodies for more than one month without good reason, the deputy shall be denied the following for the duration of their absence:
1) payment of the salary;
2) out-of-turn purchase of transportation tickets;
3) travel expenses;
4) reimbursement of travel expenses;
5) motor vehicle services;
6) medical and health resort treatment.
The decision regarding the absence of a deputy from a Kurultai meeting shall be made by the Kurultai Chairman and in the absence from meetings of the Kurultai bodies - by the Kurultai Bureau.
2. When a deputy transfers his vote, the Bureau of the Kurultai by decision refuses to pay wages for the day, on which the vote was transferred, and in the case of a repeated transfer of the vote - refuses to pay a monthly salary.
3. In the event of breaking the rules of parliamentary ethics, established by this Constitutional Law, the following penalties may be applied to a deputy by decision of the Kurultai Chairman:
1) a reprimand;
2) requiring the deputy to make a public apology;
3) suspension of the right to speak for one session of the Kurultai;
4) suspension of the right to speak for three sessions of the Kurultai;
5) expulsion from the meeting room for the duration of one session of the Kurultai;
6) expulsion from the meeting room for the duration of three sessions of the Kurultai;
7) forfeiture of one day’s salary.
4. The Central Election Commission of the Republic of Kazakhstan shall handle matters, related to the application of the above-mentioned penalties to deputies. Members of the Central Election Commission of the Republic of Kazakhstan shall monitor attendance of the deputies at meetings of the Kurultai, its coordinating and working bodies and shall also ensure that deputies do not transfer their votes.
5. The issue of applying the penalties provided for in this article to the Kurultai deputies may be initiated by factions of political parties, represented in the Kurultai, of which the deputies are members.
Chapter 10. DEPUTY ETHICS
Article 55. Rules of deputy ethics
1. The Rules of deputy ethics for Kurultai deputies shall determine the standards of conduct that they must adhere to both in and outside of their parliamentary duties:
1) treat each other and all other persons participating in the work of the Kurultai, its coordinating, working and consultative-advisory bodies, deputy associations with respect;
2) refrain from using unfounded accusations or rude or offensive language in their speeches that damage the honor and dignity of deputies and other persons;
3) refrain from calling for illegal or violent actions;
4) refrain from interfering with the normal work of the Kurultai, its coordinating, working, consultative-advisory bodies and deputy associations;
5) refrain from using speeches at meetings of the Kurultai, its coordinating, working and consultative bodies for personal or other communications unrelated to the exercise of deputy powers;
6) refrain from interrupting the speaker;
7) refrain from commenting on the speeches of others;
8) refrain from making offensive gestures, threats and insulting actions.
2. A deputy shall be obligated to use information, constituting a state secret or other secret protected by law, strictly adhering to the established procedure for keeping such secrets.
A deputy may not disclose information that has come to his knowledge while performing his duties as a deputy, if such information pertains to matters, considered at closed sessions of the Kurultai, its coordinating and working bodies.
3. A deputy shall be obligated to use deputy letterhead only for official inquiries, letters and documents and to sign them personally.
4. A deputy who does not have special authority to represent the Kurultai may interact with officials and state agencies of other states only in his own name.
In this case a deputy shall be obligated to protect the interests of the Republic of Kazakhstan, the rights, freedoms and interests of its citizens and to refrain from harming the interests of the Republic of Kazakhstan through his actions. He must also refrain from violating the laws of other states and respect the national traditions and customs of the peoples inhabiting them.
5. In the mass media, at press conferences, rallies and other public speeches or statements a deputy shall be obligated to use only reliable and verified facts, avoid making statements that mislead public opinion and avoid using expressions that degrade a person's honor and dignity.
In the event of intentional or careless use of unreliable or unverified facts in critical speeches, the deputy shall be obligated to publicly apologize to the organizations, bodies and individuals, whose interests and honor were harmed.
6. Any deputy who violates the rules of parliamentary ethics shall be subject to penalties in accordance with this Constitutional Law.
Article 56. Deputy ethics council
1. To develop proposals for applying punitive measures to deputies in the event of their breaching of deputy ethics rules, an advisory body—the deputy ethics council—shall be established under the Kurultai Chairman.
2. The deputy ethics council shall be guided in its activities by the Constitution of the Republic of Kazakhstan, this Constitutional Law and the Rules of Procedure of the Kurultai.
3. The deputy ethics council shall:
1) monitor interviews, articles and other public appearances by deputies in the media and on online platforms for signs of breaching deputy ethics rules;
2) examine complaints from individuals and legal entities regarding the conduct of deputies;
3) interact with government officials on matters of deputies' compliance with deputy ethics rules;
4) conduct preventive and educational work with deputies to prevent breaching of deputy ethics rules;
5) advise deputies on inadmissibility of breaching deputy ethics rules;
6) make recommendations to the Kurultai Chairman on the transfer of materials to the Central Election Commission;
7) make proposals to the Kurultai Chairman on applying disciplinary measures to deputies in the event of their breaching of deputy ethics rules;
8) observe confidentiality of information, received during the course of its activities.
4. Meetings of the deputy ethics council shall be held as needed. Decisions of the ethics council shall be advisory in nature.
5. Other matters concerning the organization of the deputy ethics council's activities shall be resolved by the Kurultai Rules of Procedure.
Chapter 11. SUPPORT OF THE KURULTAY ACTIVITIES
Article 57. Financing of the Kurultay activities
Financing of the Kurultay activities shall be provided from the republican budget.
Article 58. The Office of the Kurultai
1. The Office of the Kurultai shall provide organizational, legal, informational, analytical and other support for the activities of the Kurultai as the supreme representative body of the Republic of Kazakhstan.
2. The staffing level of the Office of the Kurultai shall be determined in accordance with the legislation of the Republic of Kazakhstan. The structure of the Office of the Kurultai shall be determined by the Kurultai Bureau.
3. The activities of the Office of the Kurultai shall be pursued in accordance with the legislation of the Republic of Kazakhstan in the civil service.
4. Upon the expiration of the term of office of the Kurultai, or in the event of the dissolution of the Kurultai and the election of new deputies to the supreme representative body the activities of civil servants in the Office shall not cease.
5. The employees of the Office of the Kurultai shall be equal in status, salary level and other conditions of material, financial and social welfare benefits to those of the corresponding employees of the Office of the Government of the Republic of Kazakhstan.
Chapter 12. TRANSITIONAL AND FINAL PROVISIONS
Article 59. Transitional Provisions
1. The Kurultai shall be the legal successor to the Parliament of the Republic of Kazakhstan.
2. Draft laws, submitted to the Majilis of the Parliament of the Republic of Kazakhstan prior to the enactment of this Constitutional Law, shall be considered by the Kurultai in accordance with this Constitutional Law and the Rules of Procedure of the Kurultai.
3. The Office of the Kurultai shall be the legal successor to the Office of the Majilis of the Parliament of the Republic of Kazakhstan. The Office of the Majilis of the Parliament of the Republic of Kazakhstan shall continue its activities until the formation of the Office of the Kurultai.
Article 60. Procedure for enactment of this Constitutional Law
1. This Constitutional Law shall take effect on July 1, 2026.
2. The following shall be hereby repealed as of the date this Constitutional Law takes effect:
1) The Constitutional Law of the Republic of Kazakhstan of October 16, 1995 "On the Parliament of the Republic of Kazakhstan and the Status of its Deputies";
2) The Law of the Republic of Kazakhstan of May 7, 1997 "On the Committees and Commissions of the Parliament of the Republic of Kazakhstan".
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