Constitution of the Republic of Kazakhstan Printable version
Last update: 20.06.2023Constitution of the Republic of Kazakhstan adopted by national referendum on August 30, 1995 is the fundamental law of the country. It is designed to strengthen the foundations of the constitutional order, the rights and freedoms of a man and citizen, basis of the organization of the state. The Constitution of the Republic of Kazakhstan has the highest legal force with respect to all other legal acts: no legal act adopted in the country (constitutional law, Presidential Decree, Government decree, act of regional law-making, judgment, etc.) cannot be contrary to the Basic Law, and in case of a conflict (legal collisions) the Constitution has priority. The Constitution of the Republic of Kazakhstan is the core of the legal system of the state, the basis of the current (sectoral) legislation.
Section I. General Provisions
Article 1
1. The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.
2. The fundamental principles of the activity of the Republic are public concord and political stability; economic development for the benefit of all the nation; Kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the Parliament.
Article 2
1. The Republic of Kazakhstan is a unitary state with a presidential form of government.
2. The sovereignty of the Republic extends to its entire territory. The state ensures the integrity, inviolability and inalienability of its territory.
3. The administrative-territorial division of the Republic, the status of its capital shall determine by the law. Capital of Kazakhstan is the city of Astana.
3.1. Within the city of Astana, a special legal regime can be established in the financial sphere in accordance with the constitutional law.
4. The names «Republic of Kazakhstan» and «Kazakhstan» have the same meaning.
Article 3
1. The people shall be the only source of state power.
2. The people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions.
3. Nobody shall have the right to appropriate power in the Republic of Kazakhstan. Appropriation of power shall be persecuted by law. The right to act on behalf of the people and the state shall belong to the President as well as to the Parliament of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities.
4. The state power in the Republic of Kazakhstan is unified and executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and a system of checks and balances that governs their interaction.
Article 4
1. The provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Court and the Supreme Court of the Republic shall be the functioning law in the Republic of Kazakhstan.
2. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.
3. International treaties ratified by the Republic of Kazakhstan have priority over its laws. The procedure and conditions for implementation of international treaties to which the Republic of Kazakhstan is a party on the territory of the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.
4. All laws, international treaties of which the Republic is a party shall be published. Official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be a necessary condition for their application.
Article 5
1. The Republic of Kazakhstan shall recognize ideological and political diversity. The formation of political party organizations in state bodies shall not be permitted.
2. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public associations and of public associations in the affairs of the state, imposing the functions of state institutions on public associations shall not be permitted.
3. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.
4. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.
5. Activities of foreign religious associations on the territory of the Republic as well as appointment of heads of religious associations in the Republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the Republic.
Article 6
- The Republic of Kazakhstan shall recognize and protect state and private property equally.
- Property shall impose obligations, and its use must simultaneously benefit the society. Subjects and objects of ownership, the scope, and limits of the rights of proprietors, and guarantees of their protection shall be determined by law.
- The land and its subsoil, waters, flora and fauna, and other natural resources belong to the people. The State exercises the right of ownership on behalf of the people. The land may also be privately owned on the grounds, conditions and within the limits established by the law.
Article 7
1. The state language of the Republic of Kazakhstan shall be the Kazakh language.
2. Russian language shall be officially used on equal grounds along with the Kazakh language in state institutions and local self-administrative bodies.
3. The state shall promote conditions for the study and development of the languages of the people of Kazakhstan.
Article 8
The Republic of Kazakhstan shall respect principles and norms of international law, pursue the policy of cooperation and good-neighborly relations between states, their equality and non-interference in each other’s domestic affairs, peaceful settlement of international disputes and renounce the first use of the military force.
Article 9
The Republic of Kazakhstan shall have its state symbols — the flag, emblem and anthem. Their description and order of official use shall be established by the constitutional law.
Section II. The Individual and Citizen
Article 10
1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated as prescribed by law, shall be indivisible and equal regardless of the grounds of its acquisition.
2. A citizen of the Republic may not be deprived of citizenship, the right to change his/her citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for committing terrorist crimes, as well as for causing other serious harm to the vital interests of the Republic of Kazakhstan.
3. Foreign citizenship of a citizen of the Republic shall not be recognized.
Article 11
1. A citizen of the Republic of Kazakhstan may not be extradited to a foreign state unless otherwise stipulated by international treaties of the Republic.
2. The Republic shall guarantee its citizens protection and patronage outside its boundaries.
Article 12
1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.
2. Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts.
3. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship.
4. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties.
5. Exercise of a citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.
Article 13
1. Everyone has the right to recognition of his/her legal personality and the right to protect his/her rights and freedoms by all means not contradicting the law, including the necessary defense.
2. Everyone shall have the right to legal defense of his rights and freedoms.
3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.
Article 14
1. Everyone shall be equal before the law and court.
2. No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances.
Article 15
1. Everyone shall have the right to life.
2. No one has the right to intentionally deprive a person of life. The death penalty is prohibited.
Article 16
1. Everyone shall have the right to personal freedom.
2. Arrest and detention shall be allowed only in cases stipulated by law and with the sanction of a court with right of appeal of an arrested person. Without the sanction of a court, a person may be detained for a period no more than seventy-two hours4.
3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a defense lawyer (defender) from the moment of detention, arrest or accusation.
Article 17
1. A person’s dignity shall be inviolable.
2. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.
Article 18
1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity.
2. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right shall be permitted only in the cases and according to the procedure directly established by law.
3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.
Article 19
1. Everyone shall have the right to determine and indicate or not to indicate his national, party and religious affiliation
2. Everyone shall have the right to use his native language and culture, to freely choose the language of communication, education, instruction and creative activities.
Article 20
1. The freedom of speech and creative activities are guaranteed. Censorship is prohibited.
2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.
3. Propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed.
Article 21
1. Everyone who has a legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose a place of residence except in cases stipulated by law.
2. Everyone shall have the right to leave the territory of the Republic. Citizens of the Republic shall have the right to freely return to the Republic.
Article 22
1. Everyone shall have the right to freedom of conscience.
2. The right to freedom of conscience must not specify or limit universal human and civil rights and responsibilities before the state.
Article 23
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of forming associations. The activities of public associations shall be regulated by law.
2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, chairmen and members of the Central Election Commission, the Supreme Audit Chamber of the Republic, military personnel, employees of national security agencies, law-enforcement agencies should not belong to political parties, trade unions, or support any political party.
Article 24
1. Everyone has the right to engage in work, free choice of occupation and profession. Forced labour is allowed only based on a court ruling on finding guilty of committing a criminal or administrative offense, or in conditions of emergency or martial law.
2. Everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, as well as to social protection against unemployment.
3. The right to individual and collective labor disputes using the methods for resolving them, established by law, including the right to strike, shall be recognized.
4. Everyone shall have the right to rest. Working labor agreements specifying the length of working time, days off and holidays, and paid annual leave shall be guaranteed by law.
Article 25
1. The right to housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court judgment. Entry into housing, its inspection and search shall be permitted only in certain cases and according to the procedure stipulated by law.
2. Provisions to provide citizens with housing in the Republic of Kazakhstan shall be created. Citizens in need of housing shall be categorized in a manner, to be prescribed by law and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law.
Article 26
1. Citizens of the Republic of Kazakhstan may privately own any legally acquired property.
2. Property, including the right of inheritance, shall be guaranteed by law.
3. No one may be deprived of his property unless otherwise stipulated by a court decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation.
4. Everyone shall have the right to freedom of entrepreneurial activity, and free use of his property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and limited by law. Unfair competition shall be prohibited.
Article 27
1. Marriage and family, motherhood, fatherhood, and childhood shall be under the protection of the state.
2. Care and upbringing of children shall be a natural right and responsibility of parents.
3. Adult, able-bodied children must take care of their disabled parents.
Article 28
1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of a breadwinner and other legal grounds.
2. Voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged.
Article 29
1. Citizens of the Republic of Kazakhstan shall have the right to protection of health.
2. Citizens of the Republic shall be entitled to free, guaranteed, extensive medical assistance established by law.
3. Paid medical treatment shall be provided by state and private medical institutions as well as by persons engaged in private medical practice on the terms and according to the procedures stipulated by law.
Article 30
1. The citizens shall be guaranteed free secondary education in state educational establishments. Secondary education shall be obligatory.
2. A citizen shall have the right to receive on a competitive basis a higher education in a state higher educational establishment.
3. The citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms established by law.
4. The state shall set uniform compulsory standards in education. The activity of any educational establishment must comply with these standards.
Article 31
1. The state shall set an objective to protect the environment favorable for the life and health of the person.
2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.
Article 32
Citizens of the Republic of Kazakhstan shall have the right to peacefully and without arms assemble, hold meetings, rallies and demonstrations, street processions and pickets. The use of this right may be restricted by law in the interests of state security, public order, protection of health, rights and freedoms of other persons.
Article 33
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.
2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum.
3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to the citizens judged incapable by a court as well as those held in places of confinement on a court’s sentence.
4. Citizens of the Republic shall have the equal right to serve in a public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.
Article 34
1. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.
2. Everyone must respect the state symbols of the Republic5.
Article 35
Payment of legally established taxes, fees and other obligatory payments shall be a duty and responsibility of everyone.
Article 36
1. Defense of the Republic of Kazakhstan shall be a sacred duty and responsibility of its every citizen.
2. Citizens of the Republic shall perform military service according to the procedure and in the forms established by law.
Article 37
Citizens of the Republic of Kazakhstan must care for the protection of historical and cultural heritage, and preserve monuments of history and culture.
Article 38
Citizens of the Republic of Kazakhstan must preserve nature and protect natural resources.
Article 39
1. Rights and freedoms of an individual and citizen may be limited only by law and only to the extent necessary for the protection of the constitutional system, defense of public order, human rights and freedoms, and the health and morality of the population.
2. Any actions capable of violating interethnic and interfaith harmony shall be deemed unconstitutional.
3. Restriction of the rights and freedoms of citizens for political reasons is not allowed in any form. In no case are the rights and freedoms provided for in Articles 11, 13–15, Clause 1 of Article 16, Article 17, Article 19, Article 22, Clause 2 of Article 26 of the Constitution subject to restriction.
Section III. The President
Article 40
1. The President of the Republic of Kazakhstan shall be the head of the state, holder of the highest office determining the main guidelines of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.
2. The President of the Republic shall be a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of person and citizen.
3. The President of the Republic ensures the coordinated functioning of all branches of government and the responsibility of the authorities to the people.
Article 41
1. The President of the Republic of Kazakhstan is elected in accordance with the constitutional law by adult citizens of the Republic based on universal, equal and direct suffrage by secret ballot for a period of seven years.
2. A citizen of the Republic by birth, aged at least forty years old, fluent in the state language, living in Kazakhstan for the last fifteen years and having a higher education may be elected President of the Republic of Kazakhstan. The constitutional law may establish additional requirements for presidential candidates of the Republic.
3. Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of a new Parliament of the Republic.
3.1. Extraordinary presidential elections shall be assigned by the decision of the President of the Republic and shall be held in accordance with the procedure and terms established by the Constitutional Law.
4. Excluded by the Law of the Republic of Kazakhstan as of October 07, 1998 No. 284-I (effective from the date of its publication).
5. A candidate who receives more than fifty percent of the votes cast by voters who have taken part in the voting shall be considered elected. In the event that none of the candidates receives the specified number of votes, a second vote shall be taken, in which two candidates who receive the largest number of votes participate. A candidate is considered to be elected if he receives a greater number of votes of the voters who took part in the voting.
Article 42
1. The President of the Republic of Kazakhstan shall take office from the moment of swearing to the people the following oath: "I solemnly swear that I will faithfully serve the people of Kazakhstan, strictly observe the Constitution and the laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens and honestly perform the high duties of the President of the Republic of Kazakhstan entrusted to me."
2. The oath is taken on the second Wednesday of January in a solemn atmosphere in the presence of deputies of Parliament, judges of the Constitutional Court, the Supreme Court, as well as ex-Presidents of the Republic. In the case provided for by Article 48 of the Constitution, a person who undertook the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of acceptance of the powers of the President of the Republic.
3. The powers of the President of the Republic shall terminate from the moment the newly -elected President of the Republic takes office as well as in the case of early discharge from office, resignation or death. All former Presidents of the Republic, except those who were discharged from office, shall have the title of ex-President of the Republic of Kazakhstan.
4. Excluded by the Law of the Republic of Kazakhstan as of October 07, 1998 No. 284-I (effective from the date of its publication).
5. The same person may not be elected President of the Republic more than once.
6. This restriction shall not apply to the First President of the Republic of Kazakhstan.
Article 43
1. The President of the Republic of Kazakhstan shall not have the right to be a deputy of a representative body, occupy other paid positions nor engage in entrepreneurial activity.
2. Excluded by Law of the Republic of Kazakhstan No. 254 dated May 21, 2007.
Article 44
The President of the Republic of Kazakhstan shall:
1. Annually address the people of Kazakhstan with a message on the state of the country and the main guidelines of the domestic and foreign policy of the Republic of Kazakhstan.
2. Appoints regular and extraordinary elections to the Parliament of the Republic and its Chambers; convenes the first session of Parliament and takes the oath of its deputies to the people of Kazakhstan; convenes an extraordinary session of Parliament; signs a law submitted by Parliament within one month, promulgates the law or returns the law or its individual articles for re-discussion and voting.
3. After consultations with the factions of political parties represented in the Mazhilis of the Parliament, submits the candidacy of the Prime Minister of the Republic to the Mazhilis for approval; with the consent of the Mazhilis of the Parliament appoints the Prime Minister of the Republic; dismisses the Prime Minister of the Republic; on the proposal of the Prime Minister determines the structure of the Government; on the proposal of the Prime Minister, introduced after consultations with the Mazhilis of the Parliament, appoints members of the Government; independently appoints ministers of Foreign Affairs, Defense, Internal Affairs; dismisses members of the Government; takes the oath of office of members of the Government; if necessary, chairs Government meetings on particularly important issues.
4. With the consent of the Senate of the Parliament appoints the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General and the Chairman of the National Security Committee of the Republic of Kazakhstan; dismisses them from their posts.
5. Appoint the Chairperson of the National Bank, the Prosecutor General and the Chairperson of the Committee of National Security of the Republic with the consent of the Senate of Parliament with the Parliament's consent; discharge them from office.
6. Create, abolish and reorganize national bodies that are directly subordinate and accountable to the President of the Republic.
7. Appoints the Chairman and two members of the Central Election Commission, the Chairman and two members of the Supreme Audit Chamber for a period of five years.
8. Excluded by the Law of the Republic of Kazakhstan as of March 10, 2017 No. 51-VI (effective from the date of its first official publication).
9. Excluded by the Law of the Republic of Kazakhstan as of March 10, 2017 No. 51-VI (effective from the date of its first official publication).
10. Adopt a resolution on the conduct of the national referendum.
10-1) In the interests of protecting human and civil rights and freedoms, ensuring national security, sovereignty and integrity of the state, sends an appeal to the Constitutional Court on consideration of a law or other legal act that has entered into force for compliance with the Constitution of the Republic, on giving an opinion in the case provided for in Clause 3 of Article 91 of the Constitution of the Republic of Kazakhstan.
11. Conduct negotiations and sign international agreements of the Republic; sign ratification instruments; letters of credentials and recall from diplomatic and other representatives of foreign states accredited to him.
12. Act as the Commander-in-Chief of the Armed Forces of the Republic, appoint and discharge the highest command of the Armed Forces from office.
13. Award state decorations of the Republic; confer honorary, highest military and other ranks, ranked positions, diplomatic ranks and qualification degrees.
14. Resolve issues of citizenship of the Republic, and granting of political asylum.
15. Exercise the pardon of citizens.
16. In the event that democratic institutions, independence and territorial integrity, political stability of the Republic, the security of its citizens are under serious and immediate threat and normal functioning of the constitutional bodies of the state is disrupted, after official consultations with the Prime Minister and the Chairmen of the Chambers of the Parliament of the Republic takes measures dictated by these circumstances, including the introduction on the entire territory of Kazakhstan and in some of its localities, the state of emergency, the use of the Armed Forces of the Republic, with immediate notification of the Parliament of the Republic.
17. The President shall impose martial law on the entire territory of the Republic or in particular areas, declare a partial or total mobilization and immediately inform the Parliament of the Republic in case of aggression against the Republic or immediate external threat to its security.
18. Forms a subordinate State Security Service.
19. Appoints and dismisses the Counsellor of State of the Republic of Kazakhstan, determines his/her status and powers; forms the Executive Office of the President of the Republic.
20. Form the Security Council and other consultative and advisory bodies as well as the Assembly of People of Kazakhstan and the Supreme Judicial Council.
21. Exercise other powers in accordance with the Constitution and the laws of the Republic.
Article 45
1. The President of the Republic of Kazakhstan, on the basis of and for the exercise of the Constitution and the laws, shall issue decrees and resolutions which are binding on the entire territory of the Republic.
2. Excluded by the Law of the Republic of Kazakhstan No. 51-VI dated March 10, 2017 (shall be applied from the date of its first official publication).
3. Acts of Parliament, signed by the President of the Republic, as well as acts of the President, issued on the initiative of the Government, shall be preliminarily affixed accordingly by the signature of the Chairperson of each Chamber of Parliament or the Prime Minister, who are legally responsible for the legality of these acts.
Article 46
1. The President of the Republic of Kazakhstan, his honor and dignity shall be inviolable.
2. Provision, service, and guard of the President of the Republic and his family shall be carried out at the state’s expense.
3. The provisions of this article shall extend to ex-Presidents of the Republic.
4. Excluded by the Law of the Republic of Kazakhstan as of June 08, 2022 (effective from June 08, 2022).
Article 47
1. The President of the Republic of Kazakhstan may be prematurely dismissed from office if he/she is permanently unable to carry out his/her duties due to illness. In this case, the Parliament forms a commission consisting of an equal number of deputies from each Chamber and specialists in the relevant fields of medicine. The decision on early release is made at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of deputies of each Chamber on the basis of the statement of the commission and the statement of the Constitutional Court on compliance with the established constitutional procedures.
2. The President of the Republic is responsible for actions committed in the performance of his/her duties only in the case of high treason and may be dismissed from office by Parliament for this. The decision to bring charges and initiate investigation may be taken by a majority of the total number of deputies of the Mazhilis at the initiative of at least one third of its deputies. The investigation of the accusation is organized by the Senate, and its results by a majority vote of the total number of deputies of the Senate are submitted to a joint session of the Chambers of Parliament. The final decision on this issue is taken at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of votes of the deputies of each Chamber, if there is a statement of the Supreme Court on the validity of the charge and a statement of the Constitutional Court on compliance with the established constitutional procedures. Failure to make a final decision within two months from the date of the indictment entails the recognition of the charges against the President of the Republic rejected. The rejection of an accusation of the President of the Republic of committing high treason at any stage entails the early termination of the powers of the deputies of the Mazhilis who initiated the consideration of this issue.
3. The issue of discharge of the President of the Republic from office may not be initiated in the period when the President is considering premature termination of the powers of the Parliament of the Republic or the Majilis of the Parliament.
Article 48
1. In case of early discharge or impeachment of the President of the Republic of Kazakhstan from office as well as in the case of his death, the powers of the President of the Republic shall be transmitted for the remaining period to the Chairperson of the Senate of Parliament; if the Chairperson of the Senate is unable to assume the powers of the President, they shall pass to the Chairperson of the Mazhilis of Parliament; if the Chairperson of the Mazhilis is unable to assume the powers of the President, they shall pass to the Prime Minister of the Republic. A person who has assumed the powers of the President of the Republic, shall resign himself from the powers of the Chairperson of the Senate, the Chairperson of the Mazhilis and the Prime Minister. In this case, the filling of vacant public positions shall be carried out in the manner prescribed by the Constitution.
2. A person who has assumed the authority of the President of the Republic of Kazakhstan, on the grounds and in the manner provided by paragraph 1 of this article, shall not have the right to initiate changes and additions to the Constitution of the Republic of Kazakhstan.
Section IV. The Parliament
Article 49
1. The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic exercising legislative power.
2. Parliament's powers shall begin from the opening of its first session and terminate with the first session of the Parliament of a new convocation.
3. The powers of Parliament may be terminated early in cases and as stipulated by the Constitution.
4. Constitutional Law shall determine the organization and activity of Parliament as well as the legal status of its deputies.
Article 50
1. The Parliament shall consist of two Chambers: the Senate and the Mazhilis, which act on a permanent basis.
2. The Senate is formed by deputies representing two people from each region, city of republican significance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate are appointed by the President of the Republic, five of whom are appointed on the proposal of the Assembly of People of Kazakhstan.
3. The Mazhilis consists of ninety-eight deputies elected in accordance with the procedure established by the constitutional law under the mixed electoral system, i.e. according to the system of proportional representation in the territory of a single national electoral district, as well as in single-mandate territorial electoral districts.
4. A deputy of Parliament may not be a member of both Chambers at the same time.
5. The term of powers of the Senate’s deputies shall be six years, and the term of the deputies of the Mazhilis shall be five years.
Article 51
1. The election of Mazhilis deputies is carried out based on universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Mazhilis are held no later than two months before the end of the term of office of the current convocation of Parliament.
2. The election of deputies of the Senate shall be carried out on the basis of indirect suffrage by secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the expiry of their term of office.
3. Extraordinary elections of the deputies of Parliament or the Mazhilis of Parliament shall be held within two months from the day of early termination of the powers of Parliament or the Mazhilis of Parliament respectively.
4. A deputy of Parliament may be a person who is a citizen of the Republic of Kazakhstan and who has been a permanent resident for the last ten years on its territory. A deputy of the Senate may be a person who has reached thirty years of age, has a higher education and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective region, city of republic significance or the capital of the Republic. A deputy of the Mazhilis may be a person who has reached twenty-five years of age.
5. Constitutional Law shall regulate elections of the deputies of the Parliament of the Republic.
6. A deputy of Parliament shall take an oath before the people of Kazakhstan.
Article 52
1. Excluded by the Law of the Republic of Kazakhstan dated No. 254 dated May 21, 2007.
2. Deputies of Parliament are obliged to take part in its work. Voting in Parliament shall be carried out by the deputy only in person. The absence of a deputy without a clear reason at meetings of the Chambers and their bodies more than three times, as well as the transfer of the right to vote, entails the application to the deputy of statutory measures of punishment.
3. A deputy of Parliament shall not have the right to be a deputy of another representative body, occupy other paid positions, except teaching, research, and creative activities, be engaged in entrepreneurial activity, be a member of a governing body or a supervisory board of a commercial organization. Violation of this rule shall entail the termination of a deputy's powers.
4. A deputy of Parliament during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed judicially, charged with criminal liability without the consent of a respective Chamber except for cases of being detained at the scene of a crime or the commission of serious crimes.
5. The powers of a deputy of the Parliament shall be terminated in cases of resignation, death, being recognized as incapable, dead or untraceable by a valid judgment of the court, and in other cases stipulated by the Constitution and the Constitutional Law.
A deputy of the Parliament shall be deprived of his mandate in cases of:
1) his departure for permanent residence beyond the Republic of Kazakhstan;
2) the entry into force against him of a conviction rendered by a court;
3) loss of citizenship of the Republic of Kazakhstan.
A deputy of the Mazhilis of Parliament is deprived of his/her mandate for the following reasons:
1) withdrawal or exclusion from a political party from which, in accordance with the constitutional law, he/she was elected on the basis of a party list;
2) termination of the activity of a political party from which, in accordance with the constitutional law, a deputy was elected on the basis of a party list;
3) recall of a deputy elected in a single-mandate territorial electoral district by voters in the manner determined by the constitutional law.
The powers of appointed deputies of the Senate of Parliament may be terminated early by the decision of the President of the Republic.
The powers of the deputies of Parliament and the Mazhilis of Parliament shall be terminated early in cases of dissolution of Parliament and the Mazhilis of Parliament respectively.
6. Preparation of issues concerning the application of penalty measures to the deputies, their compliance with the requirements of item 3 of this article, rules of deputy ethics, as well as termination of the deputies' powers and deprivation of their powers and deputy inviolability, shall be imposed by the Central Election Commission of the Republic of Kazakhstan.
Article 53
Parliament at a joint session of the Chambers shall:
1. Introduce amendments and supplements to the Constitution pursuant to the proposal of the President of the Republic of Kazakhstan;
1-1) adopts constitutional laws;
1-2) holds a second discussion and vote on constitutional laws or articles of the constitutional law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Parliament, by a three-quarters majority of the total number of deputies of each Chamber, overcomes the objections of the President, the President signs the constitutional law within one month. If the President's objections are not overcome, the constitutional law is considered rejected or adopted in the wording proposed by the President.
2. Approves the reports of the Government and the Supreme Audit Chamber on the execution of the republican budget. The failure of the Parliament to approve the Government's report on the execution of the republican budget means that the Parliament expresses a vote of non-confidence in the Government.
3. Excluded by the Law of the Republic of Kazakhstan No.51-VI dated March 10, 2017 (shall be applied from the date of its first official publication).
4. Take a decision on war and peace issues.
5. Take the decision to use the Armed Forces of the Republic pursuant to the proposal of the President of the Republic to fulfil international obligations for the maintenance of peace and security.
6. Hears the annual messages of the Constitutional Court on the state of constitutional legitimacy in the Republic.
7. Form joint commissions of the Chambers, elect and release their chairpersons from office, hear reports on the activity of the commissions.
8. Exercise other powers assigned to the Parliament by the Constitution.
Article 54
1. The Parliament adopts laws in a separate session of the Chambers by sequentially considering issues first in the Mazhilis and then in the Senate, including:
1) Approve the national budget and make amendments and supplements thereto;
2) Establish and annul state taxes and dues;
3) Establish the rules for resolution of issues related to the administrative and territorial structure of the Republic of Kazakhstan;
4) Institute state awards, honorary, military and other titles, ranked positions, diplomatic ranks of the Republic of Kazakhstan, and determine state symbols of the Republic;
5) resolve issues of state loans and economic and other assistance granted by the Republic of Kazakhstan;
6) Resolve amnesty issues;
7) Ratify and denounce international treaties of the Republic.
2. The Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate shall:
1) Discuss the National Budget Performance Report;
2) holds a second discussion and vote on the laws or articles of the law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Mazhilis and the Senate overcome the objections of the President by a two-thirds majority of the total number of deputies of each Chamber, the President signs the law within one month. If the President's objections are not overcome by at least one of the Chambers, the law is considered to be rejected or adopted in the wording proposed by the President;
3) Initiate the national referendum.
Article 55
The following shall be the exclusive responsibility of the Senate:
1. Election and release from office of the Chairperson of the Supreme Court and judges of the Supreme Court of the Republic of Kazakhstan upon the recommendation of the President of the Republic of Kazakhstan, and swearing them into office.
1-1. Election of The Human Rights Commissioner in Kazakhstan for a five-year term and his release from office upon the recommendation of the President of the Republic of Kazakhstan.
2. Consent to the appointment by the President of the Republic of the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee of the Republic.
3. Deprivation of immunity of the Prosecutor General, the Chairman and judges of the Supreme Court of the Republic, the Commissioner for Human Rights in the Republic of Kazakhstan.
4. Excluded by the Law of the Republic of Kazakhstan as of May 21, 2007 No. 254-III (effective from the date of its official publication).
5. Performance of the Parliament’s functions with regard to adoption of constitutional and other laws, when the Mazhilis is absent due to the early termination of its powers.
6. Performance of other powers that have been conferred upon the Senate by the Constitution.
Article 56
1. The following shall be the exclusive responsibility of the Mazhilis:
1) The decision to consider draft constitutional and other laws submitted to Parliament and the consideration of such laws.
2) Acceptance of the President's candidate for Prime Minister by a majority vote of the total number of deputies of the Chamber.
3) Announcement of the regular Presidential elections in the Republic.
3-1) Hearing twice a year the report of the Chairman of the Supreme Audit Chamber.
4) Performance of other powers that have been conferred upon the Mazhilis by the Constitution.
2. Upon the proposal of at least one fifth of its total membership, the Mazhilis is empowered to adopt by a simple majority of its total membership, a vote of no confidence in the Government.
Article 57
Each of the Parliament Chambers shall independently, without participation from the other Chamber:
1) appoints three judges of the Constitutional Court; appoints two members of the Central Election Commission, three members of the Supreme Audit Chamber for a five-year term;
2) delegate half of the members of the commission formed by Parliament in the case provided for in Article 47.1 of the Constitution;
3) elect half the members of joint commissions of the Chambers;
4) terminate the powers of the Chambers’ deputies, and upon recommendation of the Prosecutor General of the Republic of Kazakhstan, resolves the issues of their immunity removal;
5) hold Parliamentary hearings on the issues of its responsibilities;
6) have the right, on the initiative of a vote by at least one third of the total membership, to hear the reports of the Government on their performance. After the hearings, a majority of at least two-thirds vote of the total membership of the Chamber, is entitled to adopt the request of the President of the Republic to remove from office the member of the Government who failed to comply with the legislation of the Republic. The President shall then dismiss that member.
7) submits to the Chambers candidates for appointment to the positions of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber;
8) adopt the regulations of their activities, other decisions on the issues of the Chamber structure and the internal code of conduct.
Article 58
1. The Chambers shall be headed by their chairpersons, who are elected by the Senate and the Mazhilis from among the deputies who are fluent in the state language, by a secret vote of a majority of the total membership. The Senate Chairperson shall be nominated by the President of the Republic of Kazakhstan. The Mazhilis Chairperson shall be nominated by the Chamber deputies.
2. The Chairpersons of the Chambers may be released from office and are entitled to submit their resignation by way of a majority vote by the Chambers.
3. The Chairpersons of Parliament's Chambers shall:
1) convene and chair sessions of the Chambers;
2) exercise general supervision of the issues subject to consideration by the Chambers;
3) nominate the Deputy Chairs of the Chambers;
4) ensure the respect for the regulations by Chambers in their activity;
5) supervise the activity of the coordinating bodies of the Chambers;
6) sign acts issued by the Chambers;
7) nominate the members of the Constitutional Council, the Central Election Commission and the Accounts Committee for Control over Implementation of the Republican Budget;
8) comply with other duties entrusted by the Regulation of Parliament.
4. The Mazhilis Chairperson shall:
1) open the sessions of Parliament;
2) convene regular joint sessions of the Chambers and chair the regular and extraordinary joint sessions of the Chambers.
5. The Chairpersons of the Chambers shall issue instructions on the matters of their responsibility.
Article 59
1. Parliamentary sessions shall proceed in the form of joint and separate sessions of the Chambers.
2. The President of the Republic of Kazakhstan shall convene the first session no later than thirty days after the election results are published.
3. The regular sessions of the Parliament shall be held once a year from the first business day of September to the last business day of June.
4. Generally the session of Parliament shall be opened by the President of the Republic and closed at joint sessions of the Senate and Mazhilis. During the intersession period, the President of the Republic of Kazakhstan, either on his own initiative, or at the suggestion of one of the Chairpersons or at least one-third of the total membership of the Parliament, is entitled to convene an extraordinary session of Parliament. Only the issues that were the reason for the convocation shall be considered at this session.
5. Joint and individual sessions of the Chambers shall be held if at least two-thirds of the total membership of each Chamber are present.
6. Joint and individual sessions of the Chambers shall be open. If provided for by the regulations, the session may be held behind closed doors. The President of the Republic, the Prime Minister and members of the Government, the Chair of the National Bank, the Prosecutor General, and the Chairperson of the National Security Committee shall have the right to be present at any session and be heard.
Article 60
1. The Chambers shall establish standing committees with at least seven members in each Chamber.
2. The Senate and Mazhilis shall have the right to establish joint commissions in equal numbers to resolve the issues related to their joint activities.
3. The committees and commissions shall issue resolutions on the matters of their responsibility.
4. The law shall govern the procedure of the establishment of these committees, their powers and workflow management.
Article 61
1. The President of the Republic, the Deputies of Parliament and the Government shall have the right of a legislative initiative which shall be realized only in the Mazhilis.
2. The President of the Republic of Kazakhstan shall have the right to determine priority consideration of draft laws which means that the draft law shall be adopted as a matter of urgency within two months.
Draft laws introduced as a legislative initiative of the Government of the Republic in order to promptly respond to conditions that pose a threat to the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country, are subject to consideration by the Parliament immediately at a joint session of its Chambers.
3. Parliament shall have the right to issue laws that regulate the most important public relations and establish fundamental principles and standards relating to:
1) the legal capacity of individuals and legal entities, civil freedoms and rights, and the obligations and responsibilities of individuals and legal entities;
2) the system of ownership and other real property rights;
3) the basis of the organization and activities of central and local government bodies and of civil and military service;
4) taxation and the application of fees and other mandatory charges;
5) the republican budget;
6) issues of the judicial system and legal proceedings;
7) education, health care and social provisions;
8) the privatization of enterprises and their property;
9) environmental protection;
10) the administrative and territorial structure of the Republic;
11) national defence and security.
All other relations are regulated by the by-laws.
In the case of the introduction of draft laws to the Parliament provided for in part two, Clause 2 of this Article, the Government of the Republic has the right to adopt, under its responsibility, temporary regulatory legal acts having the force of law on the issues specified in part one of this Clause, which are valid until the entry into force of laws adopted by Parliament or until the Parliament does not adopt laws.
4. A law adopted by a majority vote of the total number of deputies of the Mazhilis is submitted to the Senate, where it is considered for no more than sixty days.
The Mazhilis has the right to reject the draft law as a whole by a majority vote of the total number of deputies. Such a draft law is considered rejected and returned to an initiator.
A law approved by a majority vote of the total number of deputies of the Senate is submitted to the President for signature within ten days. If the Senate does not approve the law as a whole or its individual articles, the law is returned to the Mazhilis. At the same time, the Senate has the right to propose to the Mazhilis a new version of certain articles of the law.
If the Senate has not taken a corresponding decision within sixty days, the law is submitted to the President for signature.
5. If the Mazhilis, by a majority vote of the total number of deputies, agrees with the wording of certain articles of the law proposed by the Senate, the law is considered adopted by the Mazhilis in a new version and approved by the Senate and is submitted to the President for signature within ten days.
If the Mazhilis by the same majority of votes objects to the wording of certain articles of the law proposed by the Senate, as well as if the Senate has not approved the law as a whole, disagreements between the Chambers are resolved through conciliation procedures.
The wording of the law developed by the conciliation commission is subject to consideration by the Mazhilis and the Senate in accordance with the procedure established by Clause 4 of the Article.
In cases when the Mazhilis, by a majority vote of the total number of deputies of the Chamber, has not adopted the law in the wording proposed by the conciliation commission, the Mazhilis shall re-vote on the law in the previously adopted version.
If the Mazhilis confirms the earlier decision by a two-thirds majority of the total number of deputies of the Chamber during the second vote, the law is submitted to the President for signature within ten days.
If the law won`t gain the specified majority of votes of the deputies of the Mazhilis, the law is considered rejected and returned to an initiator.
5-1. Excluded by the Law of the Republic of Kazakhstan as of June 08, 2022, it is provided to exclude (effective from 01.01.2023).
Article 62
1. The Parliament adopts legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of Parliament, and resolutions of the Senate and the Mazhilis which are binding throughout the territory of the Republic.
2. The laws of the Republic come into force after the President of the Republic signs them.
3. Amendments and additions to the Constitution shall be made by a majority of at least three-quarters of the votes of the total number of deputies in each Chamber.
4. Constitutional laws shall be adopted on issues stipulated by the Constitution by a majority of at least two-thirds of the votes of the total number of deputies of each Chamber.
5. Laws are adopted by the Mazhilis, approved by the Senate by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.
Resolutions of the Parliament and its Chambers are adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.
6. Holding at least two readings on amendments and additions to the Constitution of the Republic of Kazakhstan, on draft constitutional laws is mandatory.
7. Laws of the Republic and resolutions of Parliament and its Chambers shall not contradict the Constitution. Resolutions of Parliament and its Chambers should not contradict the laws.
8. The order of development, presentation, discussion, enactment and publication of legislative and other regulatory legal acts of the Republic shall be governed by the special law and regulation of Parliament and its Chambers.
Article 63
1. The President of the Republic, after consulting with the chairpersons of the Chambers of Parliament and the Prime Minister, may dissolve Parliament or the Mazhilis of Parliament.
2. The Parliament and Mazhilis of the Parliament cannot be dissolved during a state of emergency or martial law, or during the last six months of the office of the President, or within one year of the previous dissolution.
Section V. The Government
Article 64
1. The Government exercises the executive power of the Republic of Kazakhstan, heads the system of executive bodies and manages their activities.
2. The Government is a collegial body and within its activities is accountable to the President of the Republic and Parliament.
3. The members of the Government are accountable to the Chambers of Parliament in the case provided for in subparagraph 6) of Article 57 of the Constitution.
4. The competence, organization and activities of the Government are determined by constitutional law.
Article 65
1. The Government is formed by the President of the Republic of Kazakhstan in the manner prescribed by the Constitution.
2. Proposals on the structure and composition of the Government shall be made to the President of the Republic by the Prime Minister of the Republic within ten days of the appointment of the Prime Minister.
3. Government members take an oath to the people and the President of Kazakhstan.
Article 66
The Government of the Republic of Kazakhstan:
1) develops the main directions of social and economic policy of the state, its defense, security and public order, and organizes their implementation; approves the state programmes in coordination with the President of the Republic, and also ensures their implementation;
2) submits to Parliament the republican budget along with a report on its execution, and ensures execution of the budget;
3) submits draft laws to the Mazhilis and ensures implementation of laws;
4) organizes the management of state property;
5) develops measures for the conduct of the foreign policy of the Republic;
6) manages the activities of ministries, state committees, and other central and local executive bodies;
7) has the power to cancel or suspend, either in whole or in part, the actions of ministries, state committees, or other central and local executive bodies of the Republic;
8) excluded by the Law of the Republic of Kazakhstan as of March 10, 2017 No. 51-VI (effective from the date of its first official publication);
9) excluded by the Law of the Republic of Kazakhstan as of October 07, 1998 No. 284-I (effective from the date of its publication);
9-1) by an agreement with the President of the Republic, approves a unified system of financing and remunerating employees for all bodies maintained at the expense of the state budget;
10) performs other functions assigned to it by the Constitution, laws and acts of the President.
Article 67
The Prime Minister of the Republic of Kazakhstan:
1) organizes and manages the activities of the Government, and is personally responsible for its work;
2) excluded by the Law of the Republic of Kazakhstan as of May 21, 2007 No. 254-III (effective from the date of its official publication);
3) signs orders of the Government;
4) reports to the President and Parliament on the main activities of the Government and on all its major decisions;
5) performs other functions related to the organization and management of the Government.
Article 68
1. Government members are independent in making decisions within their competence and are personally accountable to the Prime Minister of the Republic for the work of state bodies subordinate to them. A member of the Government who does not agree with the policy pursued by the Government or does not implement it should resigns or will be dismissed.
2. Government members may not be deputies of a representative body, occupy other paid positions, except for teaching, scientific or other creative activities carry out entrepreneurial activities, or be part of the governing body or supervisory board of a commercial organization, except when it is their job in accordance with the law.
Article 69
1. The Government of the Republic of Kazakhstan, within matters of its competence, issues decrees that are binding throughout the territory of the Republic.
2. The Prime Minister of the Republic shall issue binding orders on the entire territory of the Republic.
3. Government decrees and orders of the Prime Minister should not contradict the Constitution, legislative acts, or decrees and orders of the President of the Republic.
Article 70
1. The Government shall resign its powers to the newly elected Mazhilis of the Parliament of the Republic.
2. The Government and any member thereof shall have the right to declare to the President of the Republic that they will resign if they consider it impossible to continue to perform the functions assigned to them.
3. The Government shall declare its resignation to the President of the Republic if the Mazhilis of the Parliament or the Parliament expresses a vote of no confidence in the Government.
4. The President of the Republic shall, within ten days, consider accepting or rejecting the resignation.
5. Acceptance of a resignation means termination of the authority of the Government or its respective member. Accepting the resignation of the Prime Minister means the termination of powers of the entire Government.
6. If the resignation of the Government or its member is rejected, the President will entrust it or its member with the further implementation of its duties.
7. The President of the Republic has the right, on his own initiative, to decide on the termination of the powers of the Government and to release any member from their position. The release of the Prime Minister from office means the termination of powers of the entire Government.
Section VI. Constitutional Court
Article 71
1. The Constitutional Court of the Republic of Kazakhstan consists of eleven judges, including the Chairman, whose powers last eight years.
The same person may not be appointed as a judge of the Constitutional Court more than once.
2. The Chairman of the Constitutional Court is appointed by the President of the Republic with the approval of the Senate of Parliament.
3. Four judges of the Constitutional Court are appointed by the President of the Republic, three judges of the Constitutional Court are appointed respectively by the Senate and the Mazhilis.
Deputy Chairman of the Constitutional Court is appointed by the President of the Republic of Kazakhstan on the proposal of Chairman of the Constitutional Court from among the judges of the Constitutional Court.
4. The position of a judge of the Constitutional Court is incompatible with a deputy mandate, occupation of other paid positions, except for teaching, scientific or other creative activities, implementation of entrepreneurial activities, membership in the governing body or supervisory board of a commercial organization.
5. During the term of their powers, judges of the Constitutional Court may not be arrested, subjected to detention, administrative penalties imposed in court, brought to criminal responsibility without the consent of Parliament, except in cases of detention at a crime scene or when commissioning serious crimes.
6. Organization and activities of the Constitutional Court are regulated by the Constitutional law.
Article 72
1. Constitutional Court at a request of the President of the Republic of Kazakhstan, Chairman of Senate, Chairman of Majilis, at least one fifth of the total number of deputies of Parliament, the Prime Minister:
1) decides in the event of a dispute the question of correctness of election conduct of the President of the Republic, the deputies of Parliament and the conduct of a republican referendum;
2) considers, before they are signed by the President, the laws adopted by the Parliament for their compliance with the Constitution of the Republic;
2-1) considers, for compliance with the Constitution of the Republic, resolutions adopted by the Parliament and its Chambers;
3) considers, before ratification, the international treaties of the Republic for compliance with their Constitution;
4) gives an official interpretation of the norms of the Constitution;
5) gives conclusions in cases provided for by paragraphs 1 and 2 of Article 47 of the Constitution.
2. Constitutional Court shall consider the appeals of the President of the Republic in the cases provided for in subclause 10-1) of Article 44 of the Constitution, as well as appeals of the courts in the cases established by Article 78 of the Constitution.
3. Constitutional Court, on the appeals of citizens, considers for compliance with the Constitution of the Republic the normative legal acts of the Republic of Kazakhstan directly affecting their rights and freedoms enshrined in the Constitution.
The procedure and conditions for citizens to apply to the Constitutional Court are determined by the constitutional law.
4. Constitutional Court, upon the appeals of the Prosecutor General of the Republic, considers the issues specified in subclauses 3) and 4) of clause 1 of this Article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution of the Republic.
5. Constitutional Court, on the appeals of the Commissioner for Human Rights, considers normative legal acts affecting the rights and freedoms of man and citizen enshrined in the Constitution for compliance with the Constitution of the Republic.
Article 73
1. In case of an appeal to the Constitutional Court on the issues specified in subparagraph 1) of Clause 1 of Article 72 of the Constitution, the inauguration of the President, registration of elected deputies of Parliament or summing up the results of the republican referendum are suspended.
2. In case of an appeal to the Constitutional Court on the issues specified in subclauses 2) and 3) of clause 1 of Article 72 of the Constitution, the term of signing or ratification of the relevant acts is suspended.
3. Constitutional Court shall make its decision within the time limits established by the constitutional law.
4. Excluded by the Law of the Republic of Kazakhstan as of March 10, 2017 No. 51-VI (effective from the date of its first official publication).
Article 74
1. Laws and international treaties recognized as non-compliant with the Constitution of the Republic of Kazakhstan may not be signed or, accordingly, ratified and enforced.
2. Laws and other legal acts, their individual provisions recognized as unconstitutional, including infringing on the rights and freedoms of a person and citizen enshrined in the Constitution are canceled and are not subject to application from the date of adoption by the Constitutional Court of the decision or from the date established by it.
3. Decisions of the Constitutional Court come into force from the date of their adoption, are generally binding throughout the territory of the Republic, final and are not subject to appeal.
Section VII. Courts and justice. Prosecutor's Office. Commissioner for Human Rights
Article 75
1. Justice in the Republic of Kazakhstan shall be exercised only by a court.
2. Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. In cases provided by law, criminal proceedings are conducted with the participation of jurors.
3. The courts of the Republic are the Supreme Court of the Republic and local and other courts of the Republic established by law.
4. The judicial system of the Republic is established by the Constitution of the Republic and constitutional law. The establishment of special and emergency courts under any name is not allowed.
Article 76
1. Judicial authority shall be exercised on behalf of the Republic of Kazakhstan and, by its purpose, has the protection of the rights, freedoms and legitimate interests of citizens and organizations and the enforcement of the Constitution, laws, other normative legal acts and international treaties of the Republic.
2. The judicial power extends to all cases and disputes arising on the basis of the Constitution, laws, other regulatory legal acts and international treaties of the Republic.
3. Decisions, sentences and other rulings of the courts are binding throughout the territory of the Republic.
Article 77
1. A judge in the administration of justice is independent and subject only to the Constitution and the law.
2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.
3. When applying the law, the judge shall be guided by the following principles:
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;
2) no one may be subjected to repeated criminal or administrative liability for the same offense;
3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;
4) everyone has the right to be heard in court;
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
8) any doubts about the guilt of the person shall be interpreted in favour of the accused;
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession;
10) the application of criminal law by analogy is not allowed.
4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Article 78
Courts do not have the right to apply laws and other regulatory legal acts that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution. If the court finds that a law or other regulatory legal act subject to application infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court with a statement to recognize this act unconstitutional.
Article 79
1. The courts consist of permanent judges whose independence is protected by the Constitution and the law. The powers of a judge may be terminated or suspended solely on the grounds established by law.
2. A judge may not be arrested, subjected to detention, administrative penalties imposed in court, brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council of the Republic, or in the case established by subclause 3) of Article 55 of the Constitution, without the consent of the Senate, except in cases of detention on a crime site or commissioning of serious crimes.
3. The requirements imposed on judges of the courts of the Republic are determined by the constitutional law.
4. The position of a judge is incompatible with the following roles: a deputy’s mandate, the occupation of another paid position except for teaching, scientific or other creative activities,; entrepreneurial activities, and joining the governing body or supervisory board of a commercial organization.
Article 80
Funding of courts and the provision of judges with housing is carried out at the expense of the republican budget and should ensure the possibility of full and independent administration of justice.
Article 81
The Supreme Court of the Republic of Kazakhstan is the highest judicial body in civil, criminal and other cases, jurisdiction of local and other courts, in cases provided for by law, considers court cases referred to its jurisdiction and provides explanations on issues of judicial practice.
Article 82
1. The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the Republic, based on recommendation of the High Judicial Council.
2. The Chairpersons and judges of local and other courts are appointed by the President of the Republic based on the recommendation of the High Judicial Council.
3. In accordance with constitutional law, judicial panels may be established in courts. The procedure for empowering the chairpersons of the judicial boards shall be determined by constitutional law.
4. The Chairman of the Supreme Judicial Council is appointed by the President of the Republic with the consent of the Senate of the Parliament.
5. The status, the procedure for the formation of composition and organization of work of the Supreme Judicial Council are determined by law.
Article 83
1. The Prosecutor's Office on behalf of the State exercises, within the limits and forms established by law, supreme supervision over the observance of legality on the territory of the Republic of Kazakhstan, represents the interests of the State in court and carries out criminal prosecution on behalf of the state.
2. The Office of the Public Prosecutor of the Republic shall compile a single centralized system with the subordination of the lower level prosecutors to the higher and to the Prosecutor General of the Republic. It exercises its authority independently of other state bodies and officials, and is accountable only to the President of the Republic.
3. The Prosecutor General of the Republic during his term of office may not be arrested, brought to trial, be subject to administrative measures imposed in court or brought to criminal responsibility without the consent of the Senate, except in cases of detention at the crime scene or committing serious crimes. The term of office of the Prosecutor General is five years.
4. The competence, organization and procedure of the Prosecutor's Office of the Republic are determined by the Constitutional law.
Article 83-1
1. The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the rights and freedoms of man and citizen.
2. In the exercise of his/her powers, the Commissioner for Human Rights is independent and unaccountable to government agencies and officials.
3. During the term of his/her powers, the Commissioner for Human Rights may not be arrested, subjected to detention, administrative penalties imposed in court, brought to criminal responsibility without the consent of the Senate, except in cases of detention at a crime scene or when commissioning serious crimes.
4. The legal status and organization of the activities of the Commissioner for Human Rights are determined by the constitutional law.
Article 84
Footnote. Article 84 is excluded by the Law of the Republic of Kazakhstan dated 21.05.2007 No. 254.
Section VIII. Local public administration and self-administration
Article 85
Local state administration is carried out by local representatives and executive bodies that are responsible for the state of affairs in the relevant territory.
Article 86
1. Maslikhats are local representative bodies that express the will of the population and of the respective administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and control their implementation.
2. Maslikhats shall be elected by the population on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.
3. A citizen of the Republic of Kazakhstan who has reached twenty years of age may be elected deputy of the Maslikhat. A citizen of the Republic may be a deputy of only one Maslikhat.
4. The jurisdiction of Maslikhats includes:
1) the approval of plans, economic and social development programs of the territory and local budgets, and reports on their execution;
2) the solution of issues related to their jurisdiction of the local administrative-territorial structure;
3) the consideration of reports of the heads of local executive bodies on issues that are referred by law to the competence of the Maslikhat;
4) the formation of standing commissions and other working bodies of the Maslikhat, the hearing of reports on their activities, and the solution of other issues related to organization of work in Maslikhat;
5) implementation in accordance with the legislation of the Republic of other powers to ensure the rights and legitimate interests of citizens.
5. The powers of the maslikhat are terminated prematurely by the President of the Republic after consultations with the Prime Minister and the Chairmen of the Chambers of Parliament, as well as in the case of the maslikhat's decision on voluntary dissolution.
6. The competence of Maslikhats, the order of their organization and activities, and the legal status of their deputies are established by law.
Article 87
1. Local executive bodies are included in the unified system of executive bodies of the Republic of Kazakhstan, and ensure the implementation of the state-wide policy of the executive power in combination with the interests and development needs of the relevant territory.
2. The jurisdiction of local executive bodies includes:
1) the development of plans, economic and social development programs of the territory, and local budget, including ensuring their implementation;
2) the management of communal property;
3) the appointment and dismissal of heads of local executive bodies, and the solution of other issues related to the organization of work of local executive bodies;
4) the implementation in the interests of the local government of other powers imposed on local executive bodies by the legislation of the Republic.
3. Each local executive body is headed by the Akim (Mayor) of the relevant administrative and territorial unit, which is the representative of the President and the Government of the Republic.
4. Akims of regions, cities of republican significance and the capital are appointed by the President of the Republic with the consent of deputies of maslikhats located on the territory of the region, or deputies of maslikhats of cities of republican significance and the capital, respectively.
The President of the Republic proposes at least two candidates for which a vote is held. The candidate who received the most votes of the deputies of the maslikhats who took part in the voting is considered to have received consent.
Akims of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure determined by law. The President of the Republic has the right, at his discretion, to dismiss the akims of regions, cities of republican significance and the capital.
5. At the initiative of at least one fifth of the total number of deputies of the maslikhat, the question of expressing a vote of no confidence in the akim may be raised. In this case, the maslikhat, by a majority of votes from the total number of its deputies, has the right to express no confidence in the akim and raise the issue of his/her dismissal from office, respectively, before the President of the Republic in relation to the akims of regions, cities of republican significance and the capital, or by a higher-ranking akim in relation to the akims of other administrative-territorial units. The powers of the akims of regions, cities of republican significance and the capital are terminated upon the assumption of office of the newly elected President of the Republic.
6. The competence of local executive bodies, the organization and the procedure for their activities shall be established by law.
Article 88
1. Maslikhats make decisions on issues of their competence, and Akims make decisions and orders that are binding on the territory of the corresponding administrative and territorial unit.
2. Draft decisions of Maslikhats providing for a reduction in local budget revenues or an increase in local budget expenditures can be submitted for consideration only if there is a positive conclusion by an Akim.
3. Decisions of Maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be cancelled in court.
4. Decisions and orders of akims may be canceled, respectively, by the Government of the Republic of Kazakhstan or a higher-ranking akim, as well as in court.
Article 89
1. In the Republic of Kazakhstan, local self-government is recognized, which provides for independent decision-making by the population regarding local issues.
2. Local self-government is exercised by the population directly, as well as through Maslikhats and other local self-government bodies in local communities covering the territories in which population groups live compactly.
In accordance with the law, local governments may be delegated the exercise of state functions.
3. The organization and activities of local self-government in Kazakhstan are regulated by law.
4. Independence of local governments is guaranteed within the limits of their authority established by law.
Section IX. Concluding and transitional provisions
Article 90
1. The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, enters into force from the day of the official publication of the results of the referendum, with simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.
2. The day of adoption of the Constitution at a republican referendum is declared a public holiday - the Day of the Constitution of the Republic of Kazakhstan.
Article 91
1. Amendments and additions to the Constitution of the Republic of Kazakhstan may be made by a republican referendum held by the decision of the President of the Republic, adopted by him/her on his/her own initiative, the proposal of the Parliament or the Government. The draft amendments and additions to the Constitution are not submitted to a republican referendum if the President decides to submit it to the Parliament for consideration. The decision of the Parliament is taken in this case in accordance with the procedure established by the Constitution. If the President of the Republic rejects the Parliament's proposal to submit amendments and additions to the Constitution to a republican referendum, the Parliament has the right to adopt a law on making these amendments and additions to the Constitution by a majority of at least four-fifths of the total number of deputies of each of the Chambers of Parliament. In this case, the President of the Republic signs this law or submits it to a republican referendum, which is considered to have taken place if more than half of the citizens of the Republic who have the right to participate in the republican referendum took part in the vote. Amendments and additions to the Constitution submitted to a republican referendum are considered accepted if more than half of the citizens who took part in the voting voted for them in at least two-thirds of regions, cities of republican significance and the capital.
2. Independence of the State, unitarity and territorial integrity of the Republic established by the Constitution, form of its government, the fundamental principles of the Republic's activities, provisions that the President of the Republic is elected for a term of seven years and the same person cannot be elected President of the Republic more than once are unchanged.
3. Amendments and additions to the Constitution of the Republic shall be submitted to a republican referendum or to the Parliament of the Republic for consideration if there is a statement of the Constitutional Court on their compliance with the requirements established by Clause 2 of the Article.
Article 92
1. Constitutional laws shall be adopted within a year from the day the Constitution enters into force. If laws that are defined as constitutional in the Constitution, or acts that have the power of such have been adopted by the time it enters into force, then they are brought into line with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.
2. Other laws named in the Constitution shall be adopted in the order and terms determined by the Parliament, but not later than two years from the day the Constitution enters into force.
3. Decrees of the President of the Republic issued during the term of his/her exercise of additional powers in accordance with the Law of the Republic of Kazakhstan as of December 10, 1993 "On Temporary Delegation of Additional Powers to the President of the Republic of Kazakhstan and Heads of Local Administrations" and having the force of law may be amended, supplemented or canceled only in the manner provided for modification, addition or the repeal of the laws of the Republic. Decrees of the President of the Republic issued during the term of his/her additional powers on issues provided for in Clauses 12-15, 18 and 20 of Article 64 of the Constitution of the Republic of Kazakhstan, adopted on January 28, 1993, are not subject to approval by the Parliament of the Republic.
4. Legislation of the Republic of Kazakhstan which is in force at the time the Constitution comes into force shall be applied to the extent that does not contradict the Constitution, and within two years of the date of adoption of the Constitution should be brought into line with it.
Article 93
In order to implement Article 7 of the Constitution, the Government along with local representative and executive bodies are obliged to create all the necessary organizational, material and technical conditions for free, as well as free of charge learning of the state language by all citizens of the Republic of Kazakhstan in accordance with a special law.
Article 94
1. The President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan which is in force at the time the Constitution enters into force, acquires the powers of the President of the Republic of Kazakhstan established by it and implements these powers during the period established by the decision adopted at the republican referendum on April 29, 1995. With the consent of the President of the Republic of Kazakhstan, the present term of office of the President of the Republic may be reduced by a resolution of the Parliament of the Republic adopted at a joint meeting of its Chambers by a majority of votes from the total number of deputies of each Chamber. In this case, the Mazhilis of the Parliament shall, within one month, appoint the election of the President of the Republic of Kazakhstan. The President of the Republic, elected on the basis of these elections, shall take the oath within one month of the date of publication of the election results, and exercises his authority until taking office as President of the Republic, elected at the next presidential election, to be held after seven years on the first Sunday of December.
2. The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time the Constitution enters into force, shall retain his authority until the expiration of the term for which he was elected.
Article 94-1
The provision of paragraph 1 of Article 41 of the Constitution, which determines the term of office of the President of the Republic, applies to a person who will be elected President of the Republic following the presidential election held in connection with the expiration of the seven-year term of office of the President of the Republic elected in the elections dated December 4, 2005.
Article 94-2
The provision of Clause 5, Article 42 of the Constitution applies to persons elected by the President of the Republic following the results of presidential elections held after the entry into force of this provision of the Constitution.
Article 95
1. One half of the deputies of the Senate of the first convocation shall be elected for a term of four years, the other half of the deputies for a term of two years, in accordance with the procedure established by constitutional law.
2. The provisions of the Constitution of the Republic of Kazakhstan, on the election of deputies of the Mazhilis of Parliament and on the basis of party lists, apply after the election of deputies of the Mazhilis of Parliament of the second convocation.
Article 96
From the day the Constitution enters into force, the Cabinet of Ministers of the Republic of Kazakhstan acquires the rights, duties and responsibilities of the Government of the Republic of Kazakhstan established by it.
Article 97
The first composition of the Constitutional Council of the Republic of Kazakhstan is formed as follows: each of the President of the Republic, the Chairperson of the Senate of Parliament and the Chairperson of the Mazhilis of the Parliament shall appoint one member of the Constitutional Council for a term of three years, with the exception of the Chairperson of the Constitutional Council who shall be appointed by the President Republic for a period of six years.
Article 98
1. The bodies of justice and investigation provided for by the Constitution shall be formed in the manner and within the periods stipulated by the relevant laws. Prior to their formation, the existing justice and investigation bodies shall retain their authority.
2. Judges of the Supreme Court and the Supreme Arbitration Court, local courts of the Republic of Kazakhstan shall retain their powers until the formation of courts provided for by the Constitution. Vacant positions of judges are filled in accordance with the procedure established by the Constitution.
Article 99
1. Prior to the formation of the Constitutional Court and the Supreme Audit Chamber, the Chairmen and members of the Constitutional Council and the Accounts Committee for Control over the Execution of the republican Budget retain their powers.
Prior to the formation of the Constitutional Court, the functions of the Constitutional Court provided for in Clauses 1 and 2 of Article 72 of the Constitution are performed by the Constitutional Council.
2. Regulatory statutes of the Constitutional Council shall be applied in the part that does not contradict the Constitution, until they are reviewed by the Constitutional Court.
3. The provisions of the Constitution of the Republic of Kazakhstan on the formation of Chambers of Parliament are applied starting from the election of deputies of the Mazhilis of the eighth convocation.