Unofficial translation
This Constitutional Law shall regulate public relations in the functioning of the capital of the Republic of Kazakhstan, define its legal, economic and organizational framework.
Chapter 1. GENERAL PROVISIONS
Article 1. The Capital of the Republic of Kazakhstan
1. The capital of the Republic of Kazakhstan is Astana.
2. The capital of the Republic of Kazakhstan (hereinafter referred to as the capital) is:
1) the political and administrative center of the state;
2) the repository of the original text of the Constitution of the Republic of Kazakhstan, the standards of the National Flag of the Republic of Kazakhstan and the National Emblem of the Republic of Kazakhstan, which shall be kept in the Residence of the President of the Republic of Kazakhstan "Akorda."
3. The Residence of the President of the Republic of Kazakhstan "Akorda," the Kurultai, the Government, the Supreme Court and other central state bodies of the Republic of Kazakhstan shall be based in the capital.
In accordance with the legislation of the Republic of Kazakhstan certain central state bodies of the Republic of Kazakhstan may be located outside the capital.
Article 2. Legislation of the Republic of Kazakhstan on the status of the capital
The legislation of the Republic of Kazakhstan on the status of the capital shall be based on the Constitution of the Republic of Kazakhstan, consist of this Constitutional Law, other regulatory legal acts of the Republic of Kazakhstan and international treaties, ratified by the Republic of Kazakhstan.
Article 3. Regional symbols of the capital
The capital shall have its own regional symbols.
The description and procedure for the use of regional symbols shall be determined by the maslikhat of the capital.
Article 4. City titles and awards
1. Citizens of the Republic of Kazakhstan, foreign nationals and stateless persons may be awarded the title “Astana kalasynyn kurmetti azamaty” (Honored Citizen of Astana) by the capital’s maslikhat, upon the recommendation of the capital’s akim for outstanding contributions to the development of the capital’s economy, social sphere, science and culture.
2. The local representative body (maslikhat) and the local executive body (akimat) of the capital shall have the right to establish and apply other types of awards.
Article 5. Territory and suburban zone of the capital
1. The territory of the capital consists of land and water bodies within the capital’s boundaries, which shall be established and changed by the Government of the Republic of Kazakhstan, taking into account proposals from local representative and executive bodies regarding changes to the capital’s boundaries.
2. Land outside the territory of the capital that, together with the city form a single social, natural and economic territory, shall constitute the suburban zone of the capital, whose size and boundaries shall be established and changed by the Government of the Republic of Kazakhstan on joint proposals from the maslikhat and the akimat of the capital, as well as the maslikhat and the akimat of the oblast, whose territory is included in the suburban zone.
The procedure and regime for the use of lands, included in the capital’s suburban zone, shall be established by the Government of the Republic of Kazakhstan on joint proposals from the maslikhat and the akimat of the capital, in consultation with the maslikhat and the akimat of the oblast, whose territory is included in the suburban zone, and the local council of the agglomeration.
Chapter 2. LOCAL GOVERNMENT IN THE CAPITAL
Article 6. Objectives of the capital’s local government bodies
The objectives of the capital’s local government bodies in ensuring that the city fulfills its functions as the capital shall be:
1) creating conditions for the capital to fulfill its role as the political, administrative, cultural and economic center of the Republic of Kazakhstan;
2) enhancing the capital’s competitive capabilities among other world capitals and fostering the city’s sustainable development;
3) developing the capital as a hub of international relations;
4) creating conditions for the activities of the President of the Republic of Kazakhstan, the Kurultai, the Government, the Supreme Court and other central state bodies of the Republic of Kazakhstan, as well as diplomatic and equivalent missions of foreign states, international organizations and (or) their representative offices, consular offices of foreign states;
5) creating conditions enabling organization and holding of nationwide and international events in the capital;
6) fulfillment of other tasks provided for by the laws of the Republic of Kazakhstan.
Article7. Powers of the capital’s maslikhat
In addition to the powers, established by the laws of the Republic of Kazakhstan, within the scope of its authority the capital’s maslikhat shall:
1) establish international relations with local representative bodies of other states in accordance with the legislation of the Republic of Kazakhstan;
2) approve:
plans, economic and social development programs for the capital, the capital’s budget and reports on their execution;
urban development plans for the capital’s territory, developed in the implementation of the capital’s master plan;
urban planning regulations for the capital’s territory;
rules for managing the capital’s forest and parkland zone and for restricted activities within its territory;
regulations governing registration at the place of residence and the place of temporary stay (residence) within the capital’s territory;
a comprehensive traffic management plan for the capital;
3) draft agreements on the alienation of land plots or other real estate property for public needs.
Article 8. Powers of the local executive body of the capital
In addition to the powers, established by the laws of the Republic of Kazakhstan, within the scope of its authority the capital’s local executive body shall:
1) approve the list of municipal property not assigned to municipal legal entities;
2) prepare materials for preliminary opinions to be submitted to the capital’s architectural and urban planning council;
3) monitor the timelines for the design, construction and commissioning of reconstruction projects;
4) designate a legal entity wholly owned by the state, whose primary purpose is to promote the socio-economic development of the capital, development of tourism, and also the capital’s preparation for international events and exhibitions;
5) determine the list of residential apartment buildings, subject to renovation, aimed at creating a unified architectural appearance and complying with the capital’s design code;
6) designate, from among legal entities wholly owned by the state, established by decision of the capital’s local executive body, an authorized organization to organize the renovation of residential apartment buildings, aimed at creating a unified architectural appearance and complying with the capital’s design code (hereinafter referred to as the “authorized organization”);
7) approve the rules for organizing and carrying out the renovation of residential apartment buildings in the capital, aimed at creating a unified architectural appearance and complying with the capital’s design code;
8) organize the demolition of emergency apartment buildings;
9) designate a city operator of the life support system for residents of the capital wholly owned by the state;
10) designate a legal entity wholly owned by the state for the cleaning and sanitization of special highways and adjacent individual sections of highways, streets, and the street and road network in the capital;
11) implement policies in the development and operation of domestic trade and consumer services facilities;
12) implement measures to ensure the unity and preservation of urban infrastructure facilities, elements of urban improvement and the city’s development;
13) establish routes and traffic for transit motor vehicles in coordination with the relevant state bodies;
14) decide on the establishment, reorganization and liquidation of a state-owned enterprise operating under the economic management right in the sphere of compulsory alienation of land plots for state needs and removal of buildings (structures, facilities) from such plots, and also coordinate its activities;
15) develop and approve rules for the transfer of the capital’s transportation infrastructure facilities to management;
16) designate the company, responsible for managing the capital’s transportation infrastructure facilities;
17) designate a legal entity wholly owned by the state, responsible for traffic management and parking space management in the capital (hereinafter referred to as the capital’s traffic management center);
18) carry out measures to transfer the capital's transport infrastructure facilities to management;
19) develop and approve rules for the implementation and operation of automated traffic management systems;
20) develop and approve rules for the management and operation of transport infrastructure;
21) develop urban development regulations for the capital's territory;
22) develop urban development plans for the capital's territory, drawn up in the implementation of the capital's master plan;
23) develop and approve rules for the installation of summer outdoor venues in the capital;
24) designate a legal entity, wholly owned by the state for the maintenance and development of the capital's forest and parkland zone;
25) develop rules for the management of the capital's forest and parkland zone and for restricted activities within its territory;
26) develop regulations for registration at the place of residence and place of temporary stay (residence) in the capital;
27) coordinate activities to create and develop national handicrafts in the capital and its infrastructure;
28) develop a comprehensive traffic management plan for the capital.
Article 9. An organization, promoting the capital’s socioeconomic development, tourism, and also the capital’s preparation for international events and exhibitions
An organization that promotes the capital’s socioeconomic development, tourism and the capital’s preparation for international events and exhibitions shall:
1) develop and submit proposals to the capital’s akimat for events, aimed at promoting the capital’s brand, and implement these events;
2) provide services to the capital’s akimat in promoting the capital’s brand;
3) attract investment and implement projects within the framework of tourist destination development;
4) develop industrial and innovative activities in renewable energy sources;
5) promote events that contribute to the development of tourism in the capital;
6) provide necessary information about the capital to local and foreign tourists;
7) identify, study, adopt and implement innovative solutions in tourism;
8) submit proposals to the capital’s akimat regarding development of the capital’s tourism potential;
9) pursue other activities, as determined by the capital’s akimat.
Article 10. State enterprise under the economic management right in the field of enforcing compulsory alienation of land plots for state needs, clearing them of buildings (structures, facilities)
1. A state enterprise with the right of economic management in the field of enforcing compulsory alienation of land plots for state needs, clearing them of buildings (structures, facilities) in accordance with the Law of the Republic of Kazakhstan “On State Property” shall:
1) ensure notification of owners or non-state land users about compulsory alienation of a land plot or other real estate in connection with the acquisition of a land plot for state needs;
2) ensure determination of the market value of a compulsorily alienated land plot or other real estate in connection with the acquisition of a land plot for state needs, determine the compensation amount;
3) ensure the preparation of the cost estimate of clearing compulsorily alienated land plots from buildings (structures);
4) ensure the conduct of negotiations and conciliation procedures with owners or non-state land users of a compulsorily alienated land plot or other real estate in connection with the acquisition of a land plot for state needs;
5) represent the interests of the capital’s akimat in the courts on issues of compulsory alienation of land plots or other real estate in connection with the acquisition of a land plot for state needs;
6) ensure the payment of compensation from budgetary funds for the value of a forcibly alienated land plot or other immovable property in connection with the acquisition of the land plot for state needs and for losses subject to compensation;
7) ensure clearing of buildings (structures, facilities) from forcibly alienated land plots.
2. The local executive body of the capital shall procure services and work, related to the compulsory alienation of land plots for state needs and their clearing from buildings (structures, facilities) from the state-owned enterprise, referred to in paragraph 1 of this article.
Article 11. Traffic management center in the capital
1. The traffic management center of the capital shall be in charge of:
1) organization and management of street, intercept and municipal parking lots (parking spaces, parking areas), special (guarded) premises, sites, and parking areas, parking spaces;
2) monitoring of the use of parking lots and parking areas;
3) organization of activities, related to the removal (towing) of vehicles impounded in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses to special sites and parking areas, their temporary holding, payment for the cost of delivery (towing) and holding, return of the vehicles in cases of administrative offenses, abandoned or ownerless vehicles, vehicles recognized as material evidence, as well as vehicles, subject to seizure, held in special (secured) premises, areas and parking lots;
4) traffic lights control;
5) development of traffic management projects and schemes;
6) analysis, forecasting and management of traffic flows;
7) organization of the operation of intelligent transport systems;
8) management of transport infrastructure facilities;
9) organization of traffic management and territorial transport planning activities;
10) preparation of reports on road safety;
11) development of recommendations for road safety;
12) development and implementation of traffic management activities;
13) development of recommendations for the section on territorial transport planning and traffic management in urban planning documentation;
14) participation in monitoring losses from road accidents and budget expenditures on road safety, as well as efficacy of measures taken to reduce the road accidents rate;
15) implementation of measures to reduce the traffic congestion in populated areas by:
developing comprehensive traffic management plans and programs for the integrated development of the transport system;
providing information support for urban traffic;
16) organization of the movement of heavy and oversized freight vehicles, including managing their movement on the street and road network;
17) coordination of transportation service plans for large-scale cultural, sporting and other events;
18) coordination of public transport routes and operating parameters, as well as the locations of stops.
2. The delivery (towing), and holding of vehicles, referred to in subparagraph 3) of paragraph 1 of this article shall be carried out by the capital’s traffic management center on a fee-for-service basis in accordance with the traffic management rules in the city of Astana, to the extent not covered by traffic regulations.
Article 12. The akim of the capital
In addition to the powers, established by the legislation of the Republic of Kazakhstan, within the scope of his authority the akim of the capital shall:
1) represent the capital in the relations with the President of the Republic of Kazakhstan, the Kurultai, the Government, other central state bodies of the Republic of Kazakhstan, international organizations and representatives of foreign states;
2) coordinate draft regulatory legal acts of the Republic of Kazakhstan that directly affect the interests of the capital, in accordance with the legislation of the Republic of Kazakhstan;
3) submit draft regulatory legal acts and other proposals on the functioning and development of the capital to the Government of the Republic of Kazakhstan for consideration;
4) participate in resolving issues, related to the holding of national and international events in the capital;
5) submit proposals to the relevant state bodies of the Republic of Kazakhstan on the transfer to municipal ownership of facilities, owned by the Republic that are located within the territory of the capital and are essential for ensuring the city’s fulfillment of its functions as the capital.
Article 13. Municipal property of the capital
Municipal property of the capital shall be an integral part of the state property of the Republic of Kazakhstan and comprise:
1) ownership of land within the territory of the capital, with the exception of privately owned land parcels;
2) ownership rights to shares in joint-stock companies and equity interests in limited liability partnerships, in which the capital’s city administration acts as a shareholder (partner);
3) streets of the capital and real estate ownership;
4) the property of state institutions and state-owned public utilities, where the capital’s city administration acts as the owner;
5) other property, including property rights.
Article 14. Architectural, urban planning and construction activities in the capital
1. On the territory of the capital architectural, urban planning and construction activities must be carried out pursuant to the master plan of the capital, urban planning and architectural and construction documentation, the state system of regulatory documents (state regulatory documents), requirements for a unified architectural appearance, the design code of the capital and the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
2. To coordinate efforts to implement a unified urban development policy, improve the quality of the living environment and human activity, ensure sustainable development and shape the capital's modern architectural image an architectural and urban planning council shall be established under the capital's akimat with its membership determined by the capital’s local representative body.
The regulations on the architectural and urban planning council of the capital shall be approved by the capital's akimat, who shall also chair it.
The members of the architectural and urban planning council of the capital shall include representatives of the local executive body, architects and specialists from research organizations, representatives of design, public and other organizations, including those representing the interests of persons with disabilities.
The architectural and urban planning council of the capital shall:
1) review architectural, urban planning and construction projects within the capital and its suburban area;
2) review and make recommendations on matters, related to the architectural and aesthetic appearance of the capital;
3) exercise other powers in accordance with the regulations on the architectural and urban planning council.
The frequency of meetings of the architectural and urban planning council shall be determined by the akim of the capital.
3. To ensure a unified architectural appearance and compliance with the capital's design code, the capital's local executive body shall conduct technical inspections of apartment buildings.
Based on the technical inspection reports, the capital's local executive body shall determine the list of apartment buildings, subject to renovation, aimed at achieving a unified architectural style and compliance with the capital's design code.
4. To create a unified architectural appearance and ensure compliance with the capital’s design code, the authorized organization shall be vested with the following powers:
1) organizing the renovation of residential of apartment buildings to create a unified architectural appearance and ensure compliance with the capital’s design code;
2) entering into contracts with:
the association of property owners of apartment buildings, or the entity managing the condominium property, if the owners of apartments and non-residential premises choose direct joint management as the form of condominium property management;
the contractor;
3) paying for the work performed;
4) monitoring and supervising the work performed by contractors on the common property of the condominium.
Article 15. Unified architectural style and design code of the capital
1. The requirements for the unified architectural appearance and design code of the capital shall apply to design code objects, which shall include buildings and structures, engineering and transport communications, non-stationary facilities, the capital's infrastructure facilities, their complexes in residential, public (social and business), industrial (manufacturing), recreational and other functional areas of the capital, unfinished construction projects, the street and road network, as well as exterior design elements, lighting and illumination, advertising, signs and pointers.
2. The organization and urban planning of the capital’s development and construction shall be carried out in accordance with the requirements for the capital’s unified architectural appearance and design code.
3. Construction, expansion, modernization, technical upgrading, reconstruction, restoration, major repairs, conservation and post-utilization, temporary or permanent placement of design-coded facilities, as well as the organization of these types of work, engineering preparation of the territory, improvement, landscaping and exterior design shall comply with the requirements for the unified architectural appearance and design code of the capital as prescribed by the rules for administering the design code of the capital.
4. Compliance with the requirements for the unified architectural appearance and the capital’s design code shall be assessed by the organization, responsible for developing and administering the capital’s design code.
5. When organizing urban infrastructure an accessible environment must be ensured through the proper condition of the capital's road, transport and social infrastructure, ensuring comfortable access for all categories of citizens, including road users, persons with disabilities, minors and retirees.
Article 16. Specifics of the capital's forest- park zone
1. The capital's forest and parkland zone shall be defined as land within the capital's territory, designated for and serving protective, health and recreational functions.
2. The decision to establish or change the boundaries of the capital's forest- park zone shall be adopted by the Government of the Republic of Kazakhstan upon the motion of the capital's local executive body.
3. Any activity that adversely impacts the condition and restoration of the ecological system, plants, animals and other organisms shall be prohibited on the lands of the capital's forest-park zone, including grazing and herding of livestock, waste dumping, soil disturbance, hunting, illegal capture, removal and killing of animals, disturbance of the environment and their habitats, and other activities that may alter its natural appearance or disrupt the ecological systems stability.
Article 17. Infrastructure of the capital
The infrastructure of the capital shall include:
1) engineering infrastructure;
2) transport infrastructure;
3) a system for engineering support, operation and maintenance of the housing stock, healthcare, education and domestic trade facilities;
4) a system for urban beautification and landscaping;
5) other facilities and systems, necessary for the functioning of the capital.
Chapter 3. FINAL PROVISIONS
Article 18. Procedure for enactment of this Constitutional Law
1. This Constitutional Law shall take effect on July 1, 2026.
2. The Law of the Republic of Kazakhstan of July 21, 2007 "On the status of the capital of the Republic of Kazakhstan" shall be deemed invalid as of the date of this Constitutional Law enactment.
| President | |
| of the Republic of Kazakhstan | K.TOKAYEV |
