Unofficial translation
Footnote: The title as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).
Footnote. Throughout the text:
the words "republican referendum", have been replaced respectively by the words "the National referendum";
the word "Republic" has been replaced respectively by the words "the Republic of Kazakhstan" pursuant to the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).
This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan determines the order of appointment, preparation for and conducting the referendum.
Footnote: The preamble to the wording of the Constitutional Law of the RK dated May 6, 1999 № 376.Chapter I. General provisions
Article 1. Concept of the national referendum
1. A national referendum- is a nationwide vote on draft Constitution, constitutional laws, laws and decisions on other critical issues of public life in the Republic of Kazakhstan.
2. The referendum is conducted on the whole territory of the Republic.
Article 2. Subject of a national referendum
The subject of the referendum may be:
1) adoption of the Constitution, constitutional laws, laws of the Republic, amendments and additions to them;
2) decisions about other most important issues of the Republic’s public life.
Article 3. Issues that may not be the subject of a national referendum
The following questions may not be the subject of the referendum:
1) issues that may result in violation of constitutional rights and freedoms of individuals and citizens;
2) changes to the Sovereignty, Independence of the state, unitarity and territorial integrity of the Republic of Kazakhstan, its form of governance, the fundamental principles of the Republic, the provision that the President of the Republic of Kazakhstan is elected for a seven-year term and that the same person may not be elected President of the Republic of Kazakhstan more than once;
3) administrative-territorial structure and borders of the Republic;
4) justice, defense, national security and protection of public order;
5) budget and tax policy;
6) amnesty and clemency;
7) appointments and elections to office, dismissals of persons within the jurisdiction of the President, the Kurultai and the Government of the Republic of Kazakhstan;
8) implementation of obligations arising from international treaties of the Republic.
Footnote: Article 3 as amended by the Constitutional law of RK dated 15.06.2017 №75-VI (shall be enforced from the date of its first official publication); № 119-VII of 05.05.2022 (shall enter into force on the date of its first official publication); № 156-VІI of 05.11.2022 (shall be enacted after ten calendar days from the date of its first official publication); dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 4. Principles for holding a national referendum
Conduct of referendum is based on the following principles:
1) voluntary participation in the referendum and free expression of the citizens’ will;
2) universal, equal and direct right of citizens to take part in referendum by secret ballot;
3) publicity.
Article 5. Right to participate in a national referendum
1. Citizens of the Republic of Kazakhstan, who have reached the age of eighteen shall have the right to participate in a referendum, regardless of origin, social, professional and property status, gender, race, ethnicity, language, religious affiliation, beliefs, domicile place or any other circumstances. Citizens declared legally incompetent by a court, as well as those held in places of liberty deprivation pursuant to a court sentence shall not be entitled to participate in the referendum. Any direct or indirect restriction of the rights of other citizens of the Republic of Kazakhstan to participate in the referendum is impermissible and shall be punishable by law.
2. Citizens take part in referendum on equal basis and respectively each of them has one vote or equal number of votes.
3. Citizens shall take part in referendum directly.
Footnote. Article 5 as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 6. Transparency in the organization and holding of a national referendum
1. Organization and conduct of referendum are carried out openly and publicly.
2. Decision to conduct referendum and the issue (s) submitted to referendum are be served to the citizens by mass media.
3. Referendum commission informs citizens about their work on the conduct of referendum, formation of polling stations, composition, location, working hours of the commissions and lists of citizens eligible to take part in referendum.
4. Citizens of the Republic of Kazakhstan representing accredited public associations, non-profit organizations, as well as accredited observers from foreign states and international organizations, and representatives of foreign mass media may be present during the referendum.
The accreditation procedure, as well as the rights and obligations of the persons specified in part one of this paragraph, shall be determined in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan.
Interference in the work of referendum commissions is not permitted.
5. Mass media shall cover the preparation and conduct of the referendum, and their representatives are guaranteed access to events related to the conduct of the referendum.
The presence of mass media representatives at polling stations is regulated in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan".
Footnote. Article 6 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the date of its first official publication).Article 7. Campaigning prior to the Republican referendum
1. Citizens, public associations of the Republic are guaranteed with the right to express their opinions on the issue (s) submitted to referendum at meetings, rallies, gathering of citizens, in mass media.
2. All printed campaign materials contain information about the organization which has printed these materials, place of printing, number of copies, individuals responsible for printing. Distribution of anonymous campaign materials is prohibited.
3. Agitation in favor of forcible change of the constitutional system, violation of the Republic’s integrity, undermining the state security, war, social, racial ethnical, religious, and tribal superiority as well as cult of cruelty and violence is prohibited.
4. On the day prior to referendum and on the day of conducting referendum, campaigning is prohibited. Printed campaign materials, posters, previously posted outside of polling stations can be kept on their original locations.
Article 7-1. Public opinion poll
A public opinion poll related to a republican referendum must be conducted during the period of its preparation and conduct in accordance with the requirements established by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan".
Footnote. The law is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the day of its first official publication).Article 8. Support of a national referendum
1. The costs, associated with preparation for referendum and its conduct, are covered exclusively from the republican budget.
2. State bodies, bodies of local self-government and organizations regardless of form of ownership provide the referendum commission with premises, equipment and vehicles required for the preparation for referendum and its conduct.
3. Any direct or indirect involvement of international organizations and international public associations, foreign state bodies, legal entities and citizens, stateless persons in financing and rendering other support to activities associated with referendum, are prohibited.
Article 9. Legislation on national referendum
Legislation on referendum includes:
1) Constitution of the Republic of Kazakhstan;
2) Constitutional Law of the Republic of Kazakhstan "On elections in the Republic of Kazakhstan" in the context which does not contradict to this Constitutional Law;
3) this Constitutional Law;
4) acts of the Central referendum Commission of the normative character.
Chapter II: Calling and preparation of a national referendum Article 10. Right to call a national referendum
The right to call a referendum belongs to the President of the Republic of Kazakhstan.
Article 11. Initiative to call a national referendum
1. The initiative to call a Republican referendum belongs to:
1) President of the Republic of Kazakhstan;
2) The Kurultai of the Republic of Kazakhstan, which announces an initiative to the President of the Republic of Kazakhstan to call a referendum. The initiative shall be announced at a Kurultai session and shall be formalized by a corresponding resolution of the Kurultai;
3) The Government of the Republic of Kazakhstan, which announces the initiative to call a referendum to the President of the Republic of Kazakhstan. The initiative shall be announced by the Government at its meeting by a majority vote of the total number of its members and shall be formalized by a corresponding resolution;
3-1) The Kazakstan Halyk Kenesi, which submits the initiative to call a referendum to the President of the Republic of Kazakhstan. The initiative shall be put forward at a session of the Kazakstan Halyk Kenesi and shall be formalized by a corresponding resolution of the Kazakhstan Halyk Kenesi;
4) no less than two hundred thousand citizens of the Republic of Kazakhstan who have the right to participate in a national referendum, equally representing the capital of the Republic of Kazakhstan, all the oblasts of Kazakhstan and cities of national status, which shall submit the initiative to call a referendum to the President of the Republic of Kazakhstan.
2. Proposals to call a referendum on one and the same question (the same questions) can be submitted and reviewed by the President of the Republic not earlier than two years after the previous decision on the above question (above questions).
Footnote: Article 11 as amended by the Constitutional law of RK dated 05.04.2008 № 30-IV (see Article 2 on the procedure of enactment); dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 12. Formation of an initiative group for calling a national referendum
1. If citizens initiate a referendum, a referendum initiative group shall be formed, consisting of at least three representatives from the capital of the Republic of Kazakhstan, each oblast and cities of national status.
2. The referendum initiative group shall be formed at a convention, attended by citizens, eligible for participation in the referendum, but no less than thirty representatives from the capital of the Republic of Kazakhstan, each oblast and cities of national status.
3. Not later than 10 days prior to the meeting, its initiators must inform the local executive body about the time, place and the purpose of the meeting in a written form.
4. Before the convention, registration of participants shall be made, with a list compiled, indicating their last names, first names, patronymics (if indicated in their identity document), place of residence and details of their identity document.
5. Members of the referendum initiative group shall be elected by a majority vote of the meeting participants. The list of the initiative group must include the last name, first name, patronymic (if indicated in an identity document) and place of residence of each group member. The issue, proposed for the referendum must be formulated clearly by the initiative group so that it can be answered unambiguously.
Footnote. Article 12 as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 13. Registration of referendum initiative group and issue (s), suggested for referendum
1. The referendum initiative group applies to the Central Election Commission with the request to register the group and the issue (s), proposed for the referendum.
2. Registration is done upon submission of the following documents:
1) Application for registration of the group and registration of the issue (s) proposed by it for the referendum;
2) Minutes of the meeting, at which the initiative group has been established;
3) List of initiative group’s members.
3. Initiative group and the issue (s) suggested for the referendum must be registered by the Central Election Commission within ten days from the date of application for registration. Information about registration must be reported by the Central Election Commission to mass media.
4. Referendum initiative group gets a certificate of registration of the group and the issue (s) proposed by it for the referendum within five days from the date of registration. The form of certificate of registration must be approved by the Central Election Commission.
5. Registration can be denied in cases of violation of the requirements of this Constitutional Law. The refusal of the Central Election Commission to register initiative group and the issue (s) proposed for the referendum may be appealed within ten days in the Supreme Court of the Republic, which considers the complaint within ten days from the date of its submission. Decision of the Supreme Court is final.
Article 14. The procedure and timeframe of signatures collection
1. Collection of citizens' signatures shall be organized by the referendum initiative group from the date of receipt of the group's registration certificate and the question(s), proposed by it for the referendum, and shall be carried out by the group members, entitled to participate in the national referendum.
2. The Central Election Commission issues subscription lists to the referendum initiative group at the same time as certificate of registration of the group and the issue (s) proposed by it for the referendum.
3. Subscription lists include the wording of the issue (s) proposed by the initiative group for the referendum.
4. The person, collecting signatures shall present a copy of the initiative group's registration certificate and the issue (s) proposed by it for the referendum. Each citizen shall have the right to sign the subscription list only once. When doing so, the citizen must present an identity document. The citizen's last name, first name, patronymic (if indicated in the identity document), place of residence, details of the identity document and the date of signing the subscription list shall be added to the citizen’s signature.
5. Each completed subscription list must be signed by a person, who has been involved in collection of signatures.
6. Subscription lists of the non-fixed format as well as subscription lists, which have been filled with violation of the requirements of this Constitutional Law are cancelled.
7. In the period of three days after the completion of the collection of signatures, the completed signature sheets shall be submitted by the persons collecting the signatures to the territorial electoral commission, the latter, within ten days, shall verify the authenticity of the signatures on the signature sheets with the involvement of employees of the competent authority for documenting and issuing passports and identity cards, draw up a corresponding protocol and send it to the Central Election Commission.
Footnote. Article 14 as amended by Constitutional Law № 156-VІI of 05.11.2022 (shall enter into force on 01.01.2023); dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 15. Responsibility for the violation of the signature collection procedure
1. In case of invalid signatures, violation of the procedure of collection of signatures and filling the subscription lists, the chairperson of the territorial election commission makes a corresponding statement to the Central Election Commission.
2. Central Election Commission can take a decision to terminate the activities of the initiative group’s members within one month from the date of submission of the statement or on the cancellation of subscription lists, in which violation of the requirements of this Constitutional Law have been discovered.
3. During preparation for referendum and its conduct, re-election of the initiative group’s members in respect of which the decision on the termination of activities has been taken is not permitted.
4. In case of a repeated violation of the signatures collecting procedure and filling the subscription lists by the initiative group, the Central Election Commission may take a decision on termination of the activities of the referendum initiative group and on cancellation of the certificate of its registration.
Article 16. Submission of subscription lists and final protocol on the results of collection of signatures
1. Subscription lists to be filled and authenticated in the relevant territorial election commissions must be submitted by persons, who have carried out the collection of signatures, to the initiative group of referendum. The initiative group compiles aggregate data on the results of signature collection and shall forward filled subscription lists and aggregate data to the Central Election Commission not less than ten days from the date of completion of signature collection.
2. If the submitted subscription lists comply with the requirements of this
Constitutional Law, the Central Election Commission shall put down the results of signature collection to the final protocol. Proposal to conduct referendum along with the final protocol on the results of signature collection are forwarded to the President of the Republic of Kazakhstan within one month from the date of receipt of documents from the referendum initiative group.
3. The procedure and terms for storage of subscription lists and final protocols on the results of signature collection is established by the Central Election Commission.
Article 17. Adoption of a decision by the President of the Republic of Kazakhstan on the initiative to call a national referendum
Upon the initiative of the Kurultai, the Government, the Kazakstan Halyk Kenesi, or citizens of the Republic of Kazakhstan to call a referendum the President of the Republic of Kazakhstan shall adopt one of the following decisions:
1) to hold a referendum;
2) on the need to adopt a constitutional law, a law, or another decision on the issue(s) proposed as the subject of a referendum, without holding it;
3) To reject the initiative to call a referendum.
1-1. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Footnote: Article 17 is supplemented by item 1-1 by the Constitutional Law of RK dated May, 6 1999 № 376; as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).
Article 18. Decision to call a national referendum
Footnote: The title of Article 18 as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).1. The decision to call a referendum shall be made by the President of the Republic of Kazakhstan by issuing a corresponding Decree, which establishes:
1) date of conducting the referendum;
2) wording of the issue (s) submitted to referendum;
3) solution of other issues associated with conduct of referendum.
2. The President of the Republic of Kazakhstan, with the consent of the referendum initiator shall have the right to clarify the wording of the issue (s) proposed for the referendum prior to the referendum to more accurately express the will of the initiator.
3. The Decree of the President of the Republic of Kazakhstan on holding a referendum, the texts of the draft Constitution, constitutional law, law, and amendments and additions thereto shall be published in the media.
Footnote. Article 18 as amended by the Constitutional Law of the Republic of Kazakhstan dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 19. The date of the national referendum
Referendum must be conducted not earlier than one month and not later than three months from the date of taking decision on its appointment. In exceptional cases, the President of the Republic may establish other terms for the conduct of referendum.
Article 20. National referendum commissions
1. Preparation for referendum and its conduct lie within the scope of responsibility of:
1) The Central Election Commission of the Republic of Kazakhstan performs the functions of the Central referendum Commission;
2) The Territorial election commission of the Republic of Kazakhstan performs the functions of the territorial referendum commissions and
3) Precinct election commissions, which perform the functions of precinct referendum commissions.
2. is excluded by the Constitutional Law of the Republic of Kazakhstan dated 15. 06. 2017 № 75-VI (shall be enforced from the date of its first official publication).Footnote. Article 20 as amended by the Constitutional Law of the Republic of Kazakhstan dated 15. 06. 2017 № 75-VI (shall be enforced from the date of its first official publication).
Article 21. Authorities of the Central referendum Commission
1. The Central Election Commission
1) exercises control of implementation of the legislation on referendum throughout the Republic, ensures its uniform application; takes within its competence decisions mandatory on the entire territory of the republic;
2) arranges preparation for referendum and its conduct;
3) prepares and submits a draft budget for the preparation for referendum and its conduct to the Government of the Republic;
4) supervises activities of the referendum commissions, cancels and suspends their decisions; allocates financial means for preparation and conduct of the referendum;
5) controls logistical support to the referendum commissions;
6) considers applications and complaints about violations of the referendum legislation;
7) establishes the form and texts of the ballot, the voter lists, subscription lists and other documents necessary for conduct of referendum; the voting time; the procedure for storage of referendum documents;
8) may hear reports of the referendum commission, state bodies and their officials on the matters related to the preparation for referendum and its conduct, as well as information of public associations on issues regarding observance of election legislation;
9) inform citizens about preparations for the referendum;
10) summarizes the results of the referendum in the Republic as a whole; ensure transmission of the message about it to the mass media;
11) registers the referendum initiative group and the issue (s) proposed by it for the referendum as well as makes official statement about it in the mass media;
12) establishes the form of the certificate for registration of the referendum initiative group;
13) issues the registration certificate for the referendum initiative group together with the subscription lists;
14) decides about termination of the activities of the initiative group members, of the whole initiative group as well as about cancellation of the initiative group registration certificate in cases provided by this Constitutional Law;
15) declares conduct of referendum in some constituencies (territorial administrative units) as invalid in cases stipulated by this Constitutional Law.
2. A meeting of the Central referendum Commission is legally qualified if attended by at least two thirds of its members.
3. The Central referendum Commission takes decisions by a majority vote.
Footnote: Article 21 as amended by the Constitutional Law of RK dated 24 November 2004 № 604 (shall be enforced on January, 1, 2005).Article 22. Authorities of territorial referendum commissions
1. Territorial election commissions
1) is excluded by the Constitutional Law of the Republic of Kazakhstan dated 15. 06. 2017 № 75-VI (shall be enforced from the date of its first official publication);2) exercises control of implementation of the legislation on referendum on the territory of the territorial-administrative units;
3) organizes the activities of precinct commissions, allocates financial means for preparation and conduct of the referendum;
4) controls the logistical support to precinct referendum commissions;
5) considers applications and complaints about violations of the referendum legislation;
6) may hear reports of the precinct commission, state bodies and their officials on the matters related to the preparation for referendum and its conduct, as well as information of public associations on issues regarding observance of election legislation;
7) receives protocols of voting results from precinct referendum commission; summarizes the results of the referendum at the relevant territorial-administrative unit;
8) checks the subscription lists of the referendum initiative group for the compliance with the requirements established by this Constitutional Law.
2. A meeting of the territorial referendum commissions is legally qualified if attended by at least two thirds of its members.
3. Territorial referendum commissions take decisions by a majority vote.
Footnote: Article 22 as amended by the Constitutional Law of RK dated November 2, 2004 № 604 (shall be enforced on January, 1, 2005); dated 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).Article 23. Authorities of the precinct referendum commissions
1. Precinct referendum commissions
1) is excluded by the Constitutional Law of the Republic of Kazakhstan dated 15. 06. 2017 № 75-VI (shall be enforced from the date of its first official publication);2) present the lists of citizens, entitled to participate in the national referendum, examine applications about errors and inaccuracies in the lists, decide on appropriate amendments;
3) notify citizens about the date, time, place and procedure of voting;
4) arrange premises for voting and setting up of voter booths and ballot boxes;
5) organize voting at the polling station on the day of referendum;
6) conduct counting of votes and determine the voting results at polling stations;
7) consider applications and complaints on the preparation for voting and its conduct at the polling stations and take decisions on them;
8) take decisions about validity of ballots.
2. A meeting of the precinct referendum commissions is legally qualified if attended by at least two thirds of its members.
3. Precinct referendum commissions take decisions by a majority vote of their members, except the cases, when according to this Constitutional Law two thirds majority of all commission’s members is needed to take a decision.
Footnote: Article 23 as amended by the Constitutional Law of RK dated November 24, 2004 № 604 (shall be enforced on January, 1 2005); dated 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).Article 24. Support of referendum commissions
1. Decisions of referendum commissions made within their authority are binding for all state bodies, bodies of local self-government, organizations as well as for their officials on the relevant territory.
2. Excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the day of its first official publication).3. State bodies, bodies of local self-government, organizations and their officials are obliged to assist the referendum commissions in exercising their authorities, provide information and materials necessary for their work, and provide other assistance.
4. Ensuring the conditions for the activities of members of referendum commissions in terms of remuneration for their work during the period of preparation and holding of a referendum shall be determined in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan".
Footnote. Article 24 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the day of its first official publication).Chapter III Procedure for conducting a national referendum Article 25. Lists of citizens eligible to participate in a national referendum
Compilation of lists of citizens eligible to take part in referendum, entries into the lists and appeals against denied entry, incorrect entries or removal from lists, inaccuracies; ensuring participation in the referendum by change of residence are carried out according to the rules, established by the Constitutional Law of the Republic of Kazakhstan "On elections in the Republic of Kazakhstan".
Article 26. Notification of the time and place of voting in a national referendum
1. Precinct referendum commissions inform citizens about the time and place of voting not later than 10 days prior to voting.
2. The issues submitted to the referendum, drafts of the Constitution, the Constitutional law, legislations and amendments to them must be put up on a visible place in the voting premises.
Article 27. Ballot for voting in a national referendum
1. The ballot paper contains the issues submitted to the referendum and answer options.
2. If several issues are submitted to the referendum, the ballot papers must be of different colours.
3. Ballot papers are printed in Kazakh and Russian.
4. The ballot manufacturing procedure is regulated by the Central referendum commission.
5. Ballot papers are delivered to precinct referendum commissions no earlier than three days and no later than one day before voting with a reserve of one percent of the total number of voters at the precinct.
Footnote. Article 27 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the day of its first official publication).Article 28. Invalid ballots in the tabulation of results of a national referendum
1. Ballot papers are found invalid during vote count if
1) they are not conform with the sample
2) they are not signed by a member of the precinct commission
3) there is no indication of any of the options for answering the referendum question;
4) they are marked in pencil, they have traces of erasure or other forgery, or where the will of the voters cannot be determined.
2. Ballot papers with all options marked for the referendum question shall be declared valid but shall not be counted.
3. Disputes about validity of ballot papers arising during vote count are settled by the precinct referendum commission by voting. The decision is taken by a two-thirds majority vote.
Footnote: Article 28 as amended by the Constitutional Law of RK dated November, 24 2004 № 604 (shall be enforced on January, 1 2005); № 119-VII of 05.05.2022 (shall enter into force on the date of its first official publication); № 156-VІI of 05.11.2022 (shall be in force on 01.01.2023).Article 29. Voting in a national referendum
The date, place, organization and voting procedure for the referendum are regulated by the Constitutional Law of the Republic of Kazakhstan "On elections in the Republic of Kazakhstan".
When voting, a citizen shall place any mark in the empty box to the right of the option for which he/she is voting.
Footnote. Article 29 as amended by Constitutional Law № 119-VII of 05.05.2022 (shall be promulgated from the date of its first official publication).Article 30. Counting of votes and establishing the national referendum results
1. During the vote count, the precinct referendum commission determines
1) the total number of citizens at the polling station, entitled to participate in the national referendum;
2) the number of citizens who have received ballot papers;
3) the total number of citizens who have taken part in voting;
4) the number of votes cast in favor of each issue and number of votes cast against each issue;
5) the number of cancelled ballot papers;
6) the number of ballot papers declared valid but kept uncounted during vote count.
2. Other issues related to vote count at the polling station, summing up the results of voting in the territorial-administrative unit must be resolved in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" to the extent not contrary to this Constitutional Law.
Article 31. Tallying up the national referendum results
1. The Central referendum Commission on the basis of submitted protocols on the results of voting determines
1) the total number of citizens of the Republic of Kazakhstan eligible to take part in the referendum;
2) the number of citizens, who have taken part in voting;
3) the number of citizens, who cast their votes in favor of the referendum issue as well as those, who cast their votes against the referendum issue, and the number of invalid ballot papers, on each issue submitted to the referendum.
2. referendum is considered valid, if more than half of the citizens eligible to take part in the referendum have voted.
3. Decision on the issue submitted to referendum is considered as adopted if it has received more than half of votes of citizens participating in the referendum.
The draft Constitution, amendments and additions to the Constitution put to a national referendum shall be deemed adopted if more than half of the citizens, who participated in the voting, voted for them in at least two-thirds of the oblasts, cities of national status and the capital.
4. The results of voting are summarized at the meeting of the Central referendum Commission, put down into the protocol signed by Chairman, Deputy Chairman, Secretary and members of Central referendum Commission and approved by the resolution.
5. When tabulating the referendum results the Central referendum commission may declare it invalid in certain precincts (administrative-territorial units) if, during the referendum the vote count or the determination of the voting results violations of this Constitutional Law or the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" occurred.
Footnote: Article 31 as amended by the Constitutional Law of RK dated May, 4 2008 № 30-IV (see article 2 on the procedure of enactment); dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 31-1. Appealing decisions and actions (inaction) of referendum commissions
Decisions and actions (inaction) of referendum commissions may be appealed in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" in the part that does not contradict this Constitutional Law.
Footnote. The Law is supplemented with Article 31-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2024 № 109-VIII (comes into force ten calendar days after the day of its first official publication).Article 32. Examination by the Constitutional Court of the Republic of Kazakhstan of the legality of holding the national referendum
Footnote. The title of Article 32 as amended by Constitutional Law № 156-VІI of 05.11.2022 (shall be promulgated with effect on 01.01.2023).
1. Upon a petition from the President of the Republic of Kazakhstan, the Chairman of the Kurultai, at least one-fifth of the total number of Kurultai deputies, the Prime Minister the Constitutional Court shall decide in the event of a dispute on the legality of holding the national referendum. In this case the tabulation of the national referendum results shall be suspended, while the petition is under examination.
2. In the event of a dispute on the legality of holding the national referendum the Central referendum commission shall submit records on the preparation and holding of the referendum to the Constitutional Court.
3. In the event of a breach of the Constitution, the Constitutional Court may declare a referendum incompatible with the Constitution of the Republic. In such a case, the Central Referendum Commission shall adopt a decision to cancel the results of the referendum in the polling stations (administrative-territorial units) where the referendum has been declared unconstitutional and hold a repeat vote within one month in those polling stations (administrative-territorial units).
4. The results of the national referendum that was deemed unconstitutional, by decision of the Central referendum commission at the relevant precincts (administrative-territorial units) shall be declared invalid. A determination that the referendum is constitutional shall result in the resumption of the tabulation of the referendum results.
Footnote. Article 32 as amended by Constitutional Law № 156-VІI of 05.11.2022 (shall become effective on 01.01.2023); dated 11.06.2026 № 305-VIII (effective as of 01.07.2026).Article 33. Publication of the national referendum results
An official statement of the Central referendum Commission on the results of referendum must be published in mass media not later than seven days after the day of referendum.
Chapter IV. Final Provisions Article 34. Entry into force of the decisions taken at the Republican referendum
Constitution, Constitutional Laws, legislation and amendments to them, decisions on other questions, passed by the referendum, enter into force from the date of publication of the official statement on the referendum results if another date is not determined by the Constitution, Constitutional law, legislation and amendments to them.
Article 35. Legal effect and binding decisions adopted at the Republican referendum
1. Decision, taken at referendum has a binding force throughout the territory of the Republic of Kazakhstan and does not need any confirmation by the acts of the President and bodies of state power of the Republic.
2. Inconsistency between the decision adopted by the referendum and the Constitution, Constitutional Laws, legislation and other normative acts of the Republic are removed by adjusting the Constitution, Constitutional Laws, legislation and other normative acts in accordance with the decision, adopted by the referendum.
Article 36. Liability for breaching the legislation on the national referendum
1. Obstructing in any form whatsoever a citizen of the Republic of Kazakhstan form a free exercise of the right to participate in a referendum, from campaigning on the issue(s) submitted to it, forgery of election documents, knowingly incorrect vote counting, violation of the secrecy of the ballot, or any other breaching of the legislation on the national referendum shall entail liability in accordance with the procedure established by law.
2. Actions of the state bodies and public officials on the issues of the preparation for referendum and its conduct may be appealed in the court.
Article 37. Entry into force of this Constitutional Law
This Constitutional Law shall be enforced from the date of its publication.
| President of the Republic of Kazakhstan |
