We, the people of Kazakhstan,
United by a common historic fate,
creating statehood on the indigenous Kazakh land,
aware of being peace-loving and civil society,
committed to the ideals of freedom, equality and Concord,
wishing to take a worthy place in the world community,
realizing our high responsibility
before the present and future generations,
on the basis of its sovereign rights,
accept this Constitution.
Section I
General provisions
Article 1
The Republic of Kazakhstan claims to be a democratic, secular, legal and social state, the highest values of which are the person, his life, rights and freedoms.
The fundamental principles of the Republic's activity are: social harmony and political stability, economic development for the benefit of all the people, Kazakhstan's patriotism, the solution of the most important issues of state life by democratic methods, including voting in a republican referendum or in Parliament.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 18/2 of December 21, 2001.
Article 2
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 inviolability of its territory.
3. The administrative and territorial structure of the Republic and the status of its capital shall be determined by law. The capital of Kazakhstan is the city of Astana.
3.1. A special legal regime in the financial sphere may be established within the city of Astana in accordance with the constitutional law.
4. The names of the Republic of Kazakhstan and Kazakhstan are equivalent.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of April 23, 2003 N 4. Article 2 as amended by the Laws of the Republic of Kazakhstan of May 21, 2007 N 254( effective from the date of its official publication); of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 3
The only source of State power is the people.
The people exercise power directly through a republican referendum and free elections, and delegate the exercise of their power to State bodies.
No one can assign power in the Republic of Kazakhstan. Misappropriation of power is punishable by law. The right to speak on behalf of the people and the State belongs to the President, as well as to the Parliament of the Republic, within the limits of its constitutional powers. The Government of the Republic and other State bodies act on behalf of the State within the limits of their delegated powers.
State power in the Republic is unified, is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using a system of checks and balances.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of April 12, 2001 N 1/2.
Article 4
The current law in the Republic of Kazakhstan is the norms of the Constitution, the laws corresponding to it, other normative legal acts, international contractual and other obligations of the Republic, as well as normative decisions of the Constitutional Council and the Supreme Court of the Republic.
The Constitution has the highest legal force and direct effect on the entire territory of the Republic.
International treaties ratified by the Republic have priority over its laws. The procedure and conditions for the operation on the territory of the Republic of Kazakhstan of international treaties to which Kazakhstan is a party are determined by the legislation of the Republic.
All laws and international treaties to which the Republic is a party are published. The official publication of normative legal acts concerning the rights, freedoms and duties of citizens is a prerequisite for their application.
Footnote. See normative resolutions of the Constitutional Council of the Republic of Kazakhstan of 11.10.2000 N 18; of 05.11.2009 N 6.
Article 4 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 5
The Republic of Kazakhstan recognizes ideological and political diversity. The establishment of organizations of political parties in State bodies is not allowed.
Public associations are equal before the law. Illegal interference of the state in the affairs of public associations and public associations in the affairs of the state, the assignment of the functions of state bodies to public associations is not allowed.
The creation and activity of public associations whose goals or actions are aimed at forcibly changing the constitutional order, violating the integrity of the Republic, undermining the security of the State, inciting social, racial, national, religious, class and clan discord, as well as the creation of paramilitary groups not provided for by law, are prohibited.
The Republic does not allow the activities of political parties and trade unions of other States, parties on a religious basis, as well as the financing of political parties and trade unions by foreign legal entities and citizens, foreign States and international organizations.
The activities of foreign religious associations on the territory of the Republic, as well as the appointment of heads of religious associations in the Republic by foreign religious centers, are carried out in coordination with the relevant state bodies of the Republic.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 4/2 of June 07, 2000. Article 5 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 6
In the Republic of Kazakhstan, State and private property are recognized and protected equally.
Property is binding, and its use must simultaneously serve the public good. The subjects and objects of property, the scope and limits of the exercise of their rights by the owners, and the guarantees of their protection are determined by law.
The land and its subsoil, water, flora and fauna, and other natural resources are state-owned. Land may also be privately owned on the grounds, conditions and within the limits established by law.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 19/2 of November 3, 1999; resolution of the Constitutional Council of the Republic of Kazakhstan No. 1/2 of April 12, 2001; resolution of the Constitutional Council of the Republic of Kazakhstan No. 2/2 of April 13, 2000; and No. 4 of April 23, 2003.
Article 7
In the Republic of Kazakhstan, the state language is Kazakh.
In state organizations and local self-government bodies, Russian is officially used along with Kazakh.
The state takes care of creating conditions for the study and development of the languages of the people of Kazakhstan.
Article 8
The Republic of Kazakhstan respects the principles and norms of international law, pursues a policy of cooperation and good-neighborly relations between States, their equality and non-interference in each other's internal affairs, peaceful settlement of international disputes, and refuses to use the first armed force.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of April 12, 2001 N 1/2.
Article 9
The Republic of Kazakhstan has state symbols - the Flag, Coat of Arms and Anthem. Their description and the procedure for official use are established by the constitutional law.
Section II
Man and citizen
Article 10
Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with the law, is uniform and equal regardless of the grounds for its acquisition.
A citizen of the Republic may not be deprived of citizenship, the right to change their citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for the commission of terrorist crimes, as well as for causing other serious harm to the vital interests of the Republic of Kazakhstan.
The citizenship of another State is not recognized for a citizen of the Republic.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 12 of December 1, 2003.
Article 10 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 11
A citizen of the Republic of Kazakhstan may not be extradited to a foreign state, unless otherwise established by international treaties of the Republic.
The Republic guarantees its citizens protection and protection outside its borders.
Article 12
In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.
Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other normative legal acts.
A citizen of the Republic, by virtue of his or her citizenship, has rights and bears obligations.
Foreigners and stateless persons enjoy the rights and freedoms in the Republic, as well as bear the duties established for citizens, unless otherwise provided by the Constitution, laws and international treaties.
The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others, infringe on the constitutional order and public morality.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 12 of December 1, 2003; see normative resolution of the Constitutional Council of the Republic of Kazakhstan No. 4 of 18.04.2007.
Article 13
Everyone has the right to be recognized as a legal person and has the right to defend their rights and freedoms in all ways that do not contradict the law, including the necessary defense.
Everyone has the right to judicial protection of their rights and freedoms.
Everyone has the right to receive qualified legal assistance. In cases provided for by law, legal assistance is provided free of charge.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 7/2 of March 29, 1999; resolution of the Constitutional Council of the Republic of Kazakhstan No. 1 of February 15, 2002.
Article 14
Everyone is equal before the law and the courts.
No one may be subjected to any discrimination on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 2/2 of March 10, 1999; resolution of the Constitutional Council of the Republic of Kazakhstan No. 7/2 of March 29, 1999.
Article 15
Everyone has the right to life.
No one has the right to arbitrarily take a person's life. The death penalty is established by law as an exceptional measure of punishment for terrorist crimes involving the death of people, as well as for particularly serious crimes committed during wartime, with the right to apply for clemency for the convicted person.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 10 of January 30, 2003. Article 15 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 16
Everyone has the right to personal freedom.
Arrest and detention are allowed only in cases provided for by law and only with the approval of the court, with the right of appeal granted to the arrested person. Without a court order, a person may be detained for a period of no more than seventy-two hours.
Every person detained, arrested, or accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment, respectively, of detention, arrest, or arraignment.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 13 of December 31, 2003. Article 16 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 17
Human dignity is inviolable.
No one shall be subjected to torture, violence, or other cruel or degrading treatment or punishment.
Article 18
Everyone has the right to inviolability of private life, personal and family secrets, protection of their honor and dignity.
Everyone has the right to the secrecy of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other communications. Restrictions on this right are allowed only in cases and in accordance with the procedure expressly established by law.
State bodies, public associations, officials and the mass media are obliged to provide every citizen with the opportunity to get acquainted with documents, decisions and sources of information that affect their rights and interests.
Footnote. See the normative resolution of the Constitutional Council of the Republic of Kazakhstan No. 5 of 20.08.2009.
Article 19
Everyone has the right to determine and indicate or not indicate their national, party and religious affiliation.
Everyone has the right to use their native language and culture, to freely choose the language of communication, education, training and creativity.
Article 20
Freedom of speech and creativity are guaranteed. Censorship is prohibited.
Everyone has the right to freely receive and disseminate information in any manner not prohibited by law. The list of information constituting state secrets of the Republic of Kazakhstan is determined by law.
Propaganda or agitation of violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, war, social, racial, national, religious, class and clan superiority, as well as the cult of cruelty and violence are not allowed.
Article 21
Everyone who is legally located on the territory of the Republic of Kazakhstan has the right to free movement on its territory and free choice of residence, except in cases stipulated by law.
Everyone has the right to travel outside the Republic. Citizens of the Republic have the right to return to the Republic without hindrance.
Article 22
Everyone has the right to freedom of conscience.
The exercise of the right to freedom of conscience should not condition or restrict universal and civil rights and obligations to the State.
Article 23
Citizens of the Republic of Kazakhstan have the right to freedom of association. The activities of public associations are regulated by law.
Military personnel, employees of national security agencies, law enforcement agencies, and judges should not be members of political parties, trade unions, or support any political party.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 13/2 of July 5, 2000 .
Article 24
Everyone has the right to freedom of work, free choice of occupation and profession. Forced labor is permitted only under a court order or under a state of emergency or martial law.
Everyone has the right to work conditions that meet the requirements of safety and hygiene, to remuneration for work without discrimination, and to social protection against unemployment.
The right to individual and collective labour disputes is recognized, using the methods established by law for resolving them, including the right to strike.
Everyone has the right to rest. Employees under an employment contract are guaranteed the statutory working hours, weekends and holidays, and paid annual leave.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 2/2 of March 10, 1999.
Article 25
The home is inviolable. Deprivation of housing is not allowed, except by a court decision. Entry into a dwelling, its inspection and search are allowed only in cases and in accordance with the procedure established by law.
The Republic of Kazakhstan creates conditions for providing citizens with housing. The categories of citizens in need of housing specified in the law are provided for an affordable fee from the state housing funds in accordance with the norms established by law.
Article 26
Citizens of the Republic of Kazakhstan may have any legally acquired property in private ownership.
Property, including the right to inherit, is guaranteed by law.
No one can be deprived of their property, except by a court decision. Compulsory alienation of property for state needs in exceptional cases provided for by law may be made subject to its equivalent compensation.
Everyone has the right to freedom of business activity, free use of their property for any legitimate business activity. Monopolistic activity is regulated and restricted by law. Unfair competition is prohibited.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 6/2 of June 16, 2000; resolution of the Constitutional Council of the Republic of Kazakhstan No. 21/2 of December 20, 2000; resolution of the Constitutional Council of the Republic of Kazakhstan No. 4 of July 1, 2005.
Article 27
Marriage and the family, motherhood, fatherhood and childhood are protected by the State.
The care and upbringing of children is a natural right and duty of parents.
Adult able-bodied children are required to take care of their disabled parents.
Article 28
A citizen of the Republic of Kazakhstan is guaranteed the minimum wage and pension, social security by age, in case of illness, disability, loss of a breadwinner and on other legal grounds.
Voluntary social insurance, the creation of additional forms of social security and charity are encouraged.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 3/2 of March 12, 1999.
Article 29
Citizens of the Republic of Kazakhstan have the right to health protection.
Citizens of the Republic have the right to receive free of charge the guaranteed amount of medical care established by law.
Receiving paid medical care in public and private medical institutions, as well as from persons engaged in private medical practice, is carried out on the grounds and in accordance with the procedure established by law.
Article 30
Citizens are guaranteed free secondary education in State educational institutions. Secondary education is mandatory.
A citizen has the right to receive free higher education on a competitive basis at a State higher education institution.
Receiving paid education in private educational institutions is carried out on the grounds and in accordance with the procedure established by law.
The State sets generally binding standards of education. The activities of any educational institutions must meet these standards.
Article 31
The State aims to protect the environment that is favorable for human life and health.
The concealment by officials of facts and circumstances that threaten the life and health of people entails liability in accordance with the law.
Article 32
Citizens of the Republic of Kazakhstan have the right to assemble peacefully and without weapons, to hold meetings, rallies and demonstrations, processions and picketing. The exercise of this right may be restricted by law in the interests of State security, public order, health protection, and the protection of the rights and freedoms of others.
Article 33
Citizens of the Republic of Kazakhstan have the right to participate in the management of state affairs directly and through their representatives, to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies.
Citizens of the Republic have the right to vote and be elected to State bodies and local self-government bodies, as well as to participate in the republican referendum.
Citizens who have been declared incompetent by the court, as well as those held in places of deprivation of liberty under a court sentence, do not have the right to vote, be elected, or participate in a republican referendum.
Citizens of the Republic have an equal right to access to public service. The requirements for a candidate for the position of a civil servant are determined only by the nature of the official duties and are established by law.
Footnote. Article 33 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998.
Article 34
Everyone is obliged to observe the Constitution and legislation of the Republic of Kazakhstan, to respect the rights, freedoms, honor and dignity of others.
Everyone is obliged to respect the state symbols of the Republic.
Article 35
The payment of legally established taxes, fees and other mandatory payments is the duty and obligation of everyone.
Article 36
The protection of the Republic of Kazakhstan is a sacred duty and duty of every citizen.
Citizens of the Republic shall perform military service in accordance with the procedure and types established by law.
Article 37
Citizens of the Republic of Kazakhstan are obliged to take care of the preservation of historical and cultural heritage, protect historical and cultural monuments.
Article 38
Citizens of the Republic of Kazakhstan are obliged to preserve nature and take care of natural resources.
Article 39
The rights and freedoms of a person and a citizen may be restricted only by laws and only to the extent necessary for the protection of the constitutional order, the protection of public order, human rights and freedoms, and the health and morals of the population.
Any actions capable of violating interethnic and interfaith harmony are recognized as unconstitutional.
It is not allowed to restrict the rights and freedoms of citizens for political reasons in any form. The rights and freedoms provided for in articles 11, 13-15, paragraph 1 of Article 16, article 17, Article 19, Article 22, and paragraph 2 of Article 26 of the Constitution are not subject to restriction in any case.
Article 39 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Section III
President
Article 40
The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of the domestic and foreign policy of the state and represents Kazakhstan within the country and in international relations.
The President of the Republic is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms.
The President of the Republic ensures the coordinated functioning of all branches of State power and the responsibility of the authorities to the people.
Article 41
The President of the Republic of Kazakhstan is elected in accordance with the constitutional law by adult citizens of the Republic on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.
The President of the Republic of Kazakhstan may be elected a citizen of the Republic by birth, at least forty years old, fluent in the state language, living in Kazakhstan for the last fifteen years and having a higher education. The Constitutional law may establish additional requirements for candidates for President of the Republic.
Regular elections of the President of the Republic are held on the first Sunday of December and may not coincide with the election of the new composition of the Parliament of the Republic.
3-1. Early presidential elections are called by the decision of the President of the Republic and are held in accordance with the procedure and terms established by the constitutional law.
4. Excluded by the Law of the Republic of Kazakhstan of 07.10.1998 N 284.
5. A candidate who receives more than fifty percent of the votes of the voters who took part in the voting is considered elected. If none of the candidates received the specified number of votes, a second vote is held, in which the two candidates with the highest number of votes participate. The candidate who receives the largest number of votes of the voters who took part in the voting is considered elected.
Footnote. Article 41 as amended by the Laws of the Republic of Kazakhstan of 07.10.1998 N 284; see resolutions of the Constitutional Council of the Republic of Kazakhstan of 09.10.1998 N 9/2; of 19.08.2005 N 5; of 21.05.2007 N 254 (effective from the date of its official publication); of 02.02.2011 No. 403-IV (effective from the date of its first official publication); of 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 42
The President of the Republic of Kazakhstan takes office from the moment of taking the following oath to the people: "I solemnly swear to faithfully serve the people of Kazakhstan, strictly follow the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens, faithfully fulfill the high duties of the President of the Republic of Kazakhstan assigned to me."
The oath is taken on the second Wednesday of January in a solemn ceremony in the presence of members of Parliament, members of the Constitutional Council, judges of the Supreme Court, as well as all former Presidents of the Republic. In the case provided for in Article 48 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of assuming the powers of the President of the Republic.
The powers of the President of the Republic shall terminate upon the assumption of office of the newly elected President of the Republic, as well as in the event of early release or removal of the President from office or his death. All former Presidents of the Republic, except those dismissed from office, have the title of ex-President of the Republic of Kazakhstan.
(item deleted-by the Law of the Republic of Kazakhstan of October 7, 1998 N 284)
The same person may not be elected President of the Republic more than twice in a row.
This restriction does not apply to the First President of the Republic of Kazakhstan.
Footnote. Article 42 as amended by the Laws of the Republic of Kazakhstan of October 7, 1998 N 284; of May 21, 2007 N 254 (effective from the date of its official publication).
Article 43
The President of the Republic of Kazakhstan has no right to be a deputy of a representative body, to hold other paid positions and to carry out business activities.
(deleted from May 21, 2007 N 254).
Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 44
President of the Republic of Kazakhstan:
addresses the annual address to the people of Kazakhstan on the situation in the country and the main directions of the domestic and foreign policy of the Republic;
appoints regular and extraordinary elections to the Parliament of the Republic and its Chambers; convenes the first session of the Parliament and takes the oath of its deputies to the people of Kazakhstan; convenes an extraordinary session of the Parliament; signs a law submitted by the Senate of the Parliament within one month, promulgates the law or returns the law or its individual articles for re-discussion and voting;
after consultation with the factions of the political parties represented in the Mazhilis of the Parliament, submits to the Mazhilis for approval the candidacy of the Prime Minister of the Republic; 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 made after consultation with the Mazhilis of the Parliament, appoints the members of the Government; independently appoints the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismisses the members of the Government; takes the oath of office of the members of the Government; if necessary, chairs the meetings of the Government on particularly important issues; cancels or suspends in whole or in part the acts of the akims of regions, cities of republican significance, and the capital;
with the consent of the Senate of the Parliament, appoints the Chairman of the National Bank, the Prosecutor General and the Chairman of the National Security Committee of the Republic of Kazakhstan; dismisses them from their posts;
forms, abolishes and reorganizes state bodies directly subordinate and accountable to the President of the Republic, appoints and dismisses their heads;
appoints and recalls the heads of diplomatic missions of the Republic;
appoints the Chairman and two members of the Central Election Commission, the Chairman and two members of the Accounts Committee for Monitoring the Implementation of the Republican Budget for a period of five years;
excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
decides on holding a republican referendum;
in the interests of protecting the rights and freedoms of man and citizen, ensuring national security, sovereignty and integrity of the state, sends an appeal to the Constitutional Council to review the law or other legal act that has entered into force for compliance with the Constitution of the Republic, to give an opinion in the case provided for in paragraph 3 of Article 91 of the Constitution of the Republic of Kazakhstan;
conducts negotiations and signs international treaties of the Republic; signs instruments of ratification; accepts credentials and letters of recall of diplomatic and other representatives of foreign states accredited to it;
is the Supreme Commander-in-Chief of the Armed Forces of the Republic, appoints and dismisses the high command of the Armed Forces;
awards state awards of the Republic, confers honorary, higher military and other ranks, class ranks, diplomatic ranks, qualification classes;
resolves issues of citizenship of the Republic, granting of political asylum;
grants pardons to citizens;
in the event that the democratic institutions, independence and territorial integrity, political stability of the Republic, the security of its citizens are under serious and immediate threat and the normal functioning of the constitutional bodies of the State is violated, 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 of a state of emergency on the entire territory of Kazakhstan and in some of its localities, the use of the Armed Forces of the Republic, with immediate notification to the Parliament of the Republic;
in the event of aggression against the Republic or an immediate external threat to its security, impose martial law on the entire territory of the Republic or in its individual localities, declare partial or general mobilization and immediately inform the Parliament of the Republic;
forms a subordinate State Security Service;
appoints and dismisses the Secretary of State of the Republic of Kazakhstan, determines his status and powers; forms the Administration of the President of the Republic;
It forms the Security Council and other consultative and advisory bodies, as well as the Assembly of the People of Kazakhstan and the Supreme Judicial Council;
exercises other powers in accordance with the Constitution and laws of the Republic.
Footnote. Article 44 was amended by the Law of the Republic of Kazakhstan of October 7, 1998 N 284. See resolution of the Constitutional Council of the Republic of Kazakhstan of June 30, 1999 N 10/2. See resolution of the Constitutional Council of the Republic of Kazakhstan of July 3, 2000 15/2. See resolution of the Constitutional Council of the Republic of Kazakhstan of November 12, 2001 N 14/2. Article 44 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 45
The President of the Republic of Kazakhstan, on the basis of and in compliance with the Constitution and laws, issues decrees and orders that are binding on the entire territory of the Republic.
Excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Acts of Parliament signed by the President of the Republic, as well as acts of the President issued on the initiative of the Government, are previously signed, respectively, by the Chairman of each Chamber of Parliament or the Prime Minister, who is legally responsible for the legality of these acts.
Footnote. See normative resolutions of the Constitutional Council of the Republic of Kazakhstan No. 15/2 of 03.07.2000; No. 5 of 26.06.2008. Article 45 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 46
The President of the Republic of Kazakhstan, his honor and dignity are inviolable.
The provision, maintenance and protection of the President of the Republic and his family are carried out at the expense of the State.
The provisions of this article apply to former Presidents of the Republic.
The status and powers of the First President of Kazakhstan are determined by the Constitution of the Republic and the constitutional law.
Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 47
The President of the Republic of Kazakhstan may be prematurely dismissed from office if he is permanently unable to perform his 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 conclusion of the commission and the conclusion of the Constitutional Council on compliance with the established constitutional procedures.
The President of the Republic is responsible for acts committed in the performance of his duties only in the case of high treason and may be removed from office by the Parliament for this. The decision to bring charges and investigate them 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 are submitted to a joint session of the Houses of Parliament by a majority vote of the total number of deputies of the Senate. The final decision on this issue is made 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 an opinion of the Supreme Court on the validity of the accusation and the conclusion of the Constitutional Council on compliance with the established constitutional procedures. Failure to make a final decision within two months of the date of the indictment entails the admission of the charge against the President of the Republic as dismissed. The rejection of the 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.
The issue of the removal of the President of the Republic from office may not be initiated during the consideration of the issue of early termination of the powers of the Parliament of the Republic or the Mazhilis of the Parliament.
Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 48
In case of early release or removal from office of the President of the Republic of Kazakhstan, as well as his death, the powers of the President of the Republic for the remaining term pass to the Chairman of the Senate of the Parliament; if the Chairman of the Senate is unable to assume the powers of the President, they pass to the Chairman of the Mazhilis of the Parliament; if the Chairman of the Mazhilis is unable to assume the powers of the President, they pass to the Prime Minister of the Republic. A person who has assumed the powers of the President of the Republic shall resign the powers of the Chairman of the Senate, the Chairman of the Mazhilis, and the Prime Minister, respectively. In this case, the replacement of vacant public positions is carried out in accordance with the procedure provided for by the Constitution.
A person who has assumed the powers of the President of the Republic of Kazakhstan, on the grounds and in accordance with the procedure provided for in paragraph 1 of this Article, is not entitled to initiate amendments and additions to the Constitution of the Republic of Kazakhstan.
Footnote. Article 48-as amended by the Law of the Republic of Kazakhstan of October 7, 1998 N 284.
Section IV
Parliament
Article 49
The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic, exercising legislative power.
The powers of the Parliament begin with the opening of its first session and end with the beginning of the first session of the new Parliament.
The powers of the Parliament may be terminated prematurely in the cases and in the manner provided for by the Constitution.
The organization and activity of the Parliament, the legal status of its deputies are determined by the constitutional law.
Footnote. Article 49 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 13/2 of July 14, 1999. Article 49 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 50
The Parliament consists of two Chambers: the Senate and the Mazhilis, acting on a permanent basis.
The Senate is formed by deputies representing, in accordance with the procedure established by the constitutional law, two persons from each region, city of republican significance and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate are appointed by the President of the Republic, taking into account the need to ensure representation in the Senate of national-cultural and other significant interests of society.
The Mazhilis consists of one hundred and seven deputies elected in accordance with the procedure established by the constitutional law.
A member of Parliament may not be a member of both Houses at the same time.
The term of office of the deputies of the Senate is six years, the term of office of the deputies of the Mazhilis is five years.
Footnote. Article 50 was amended by the Law of the Republic of Kazakhstan of October 7, 1998 N 284. See the resolution of the Constitutional Council of the Republic of Kazakhstan of March 15, 1999 N 1/2; of February 11, 2003 N 1; of February 12, 2004 N 1. Article 50 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 51
The election of ninety-eight deputies of the Mazhilis is carried out on the basis of universal, equal and direct suffrage by secret ballot. Nine deputies of the Mazhilis are elected by the Assembly of People of Kazakhstan. 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 the Parliament.
The election of members of the Senate is carried out on the basis of indirect suffrage by secret ballot. Half of the elected members of the Senate are re-elected every three years. At the same time, their regular elections are held no later than two months before the end of their term of office.
Early elections of deputies of the Parliament or the Mazhilis of the Parliament are held within two months from the date of early termination of the powers of the Parliament or the Mazhilis of the Parliament, respectively.
A member of Parliament may be a person who is a citizen of the Republic of Kazakhstan and has been permanently residing in its territory for the last ten years. A deputy of the Senate may be a person who has reached the age of thirty, has a higher education and work experience of at least five years, and has permanently resided in the territory of the relevant region, city of republican significance, or the capital of the Republic for at least three years. A person who has reached the age of twenty-five may be a deputy of the Mazhilis.
The election of deputies to the Parliament of the Republic is regulated by the constitutional law.
A member of the Parliament takes the oath to the people of Kazakhstan.
Footnote. Article 51 was amended by the Law of the Republic of Kazakhstan of October 7, 1998 N 284. See Resolution of the Constitutional Council of the Republic of Kazakhstan of March 18, 1999 N 5/2; of November 29, 1999 N 24/2; of February 11, 2003 N 1. Article 51 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 52
(deleted from May 21, 2007 N 254).
Members of Parliament are required to participate in its work. Voting in the Parliament is carried out by the deputy only in person. The absence of a deputy without valid reasons at the meetings of the Chambers and their bodies more than three times, as well as the transfer of the right to vote, entails the application of penalties established by law to the deputy.
A member of Parliament may not be a member of another representative body, hold other paid positions other than teaching, scientific or other creative activities, carry out business activities, or be a member of the governing body or supervisory board of a commercial organization. Violation of this rule entails the termination of the powers of the deputy.
A member of Parliament may not, during the term of his / her office, be arrested, arrested, subjected to administrative penalties imposed in court, or brought to criminal responsibility without the consent of the relevant Chamber, except in cases of arrest at the scene of a crime or the commission of serious crimes.
The powers of a member of Parliament are terminated in cases of resignation, death, recognition of a member of parliament as legally incompetent, dead or missing, and other cases provided for by the Constitution and the Constitutional law.
A member of Parliament is deprived of his or her mandate when:
his departure for permanent residence outside of Kazakhstan;
the entry into force of the court's verdict of guilty against him;
loss of citizenship of the Republic of Kazakhstan.
A deputy of the Mazhilis of the Parliament is deprived of his mandate when:
withdrawal or exclusion of a deputy from the political party from which he was elected in accordance with the constitutional law;
termination of the activity of the political party from which the deputy was elected in accordance with the constitutional law.
The powers of the appointed deputies of the Senate of the Parliament may be terminated prematurely by the decision of the President of the Republic.
The powers of the deputies of the Parliament and the Mazhilis of the Parliament are terminated in cases of dissolution of the Parliament or the Mazhilis of the Parliament, respectively.
The Central Election Commission of the Republic of Kazakhstan is responsible for the preparation of issues related to the application of penalties to deputies, their compliance with the requirements of paragraph 3 of this Article, the rules of parliamentary ethics, as well as the termination of the powers of deputies and the deprivation of their powers and parliamentary immunity.
Footnote. Article 52 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998; See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 7/2 of May 17, 2001; resolution of the Constitutional Council of the Republic of Kazakhstan No. 19/2 of December 13, 2001; No. 10 of January 30, 2003; No. 1 of February 11, 2003; No. 5 of May 12, 2003; No. 9 of August 25, 2004. Article 51 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 53
Parliament at a joint session of the Chambers:
on the proposal of the President of the Republic of Kazakhstan, it makes amendments and additions to the Constitution;
approves the reports of the Government and the Accounts Committee for Monitoring the Implementation of the Republican Budget on the implementation of the republican budget. The failure of the Parliament to approve the Government's report on the implementation of the republican budget means that the Parliament expresses a vote of no confidence in the Government;
excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
resolves issues of war and peace;
Adopts, on the proposal of the President of the Republic, a decision on the use of the Armed Forces of the Republic for the implementation of international obligations for the maintenance of peace and security;
hears the annual messages of the Constitutional Council on the state of constitutional legality in the Republic;
forms joint commissions of the Chambers, elects and dismisses their chairmen, and hears reports on the activities of the commissions;
exercises other powers assigned to the Parliament by the Constitution.
Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 21.05.2007 N 254 (effective from the date of its official publication); see the normative resolution of the Constitutional Council of the Republic of Kazakhstan dated 26.06.2008 N 5; as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 54
The Parliament, in a separate session of the Chambers, through successive consideration of issues, first in the Mazhilis, and then in the Senate, adopts constitutional laws and laws, including:
approves the republican budget, makes changes and additions to it;
sets and cancels state taxes and fees;
establishes the procedure for resolving issues of the administrative-territorial structure of Kazakhstan;
establishes state awards, establishes honorary, military and other ranks, class ranks, diplomatic ranks of the Republic, determines the state symbols of the Republic;
resolves issues of state loans and the provision of economic and other assistance by the Republic;
resolves issues of amnesty;
ratifies and denounces international treaties of the Republic.
The Parliament in a separate session of the Chambers by sequentially considering issues first in the Mazhilis, and then in the Senate:
discusses reports on the implementation of the republican budget;
holds a second discussion and vote on laws or articles of law that have raised objections of the President of the Republic, within one month from the date of sending objections. Not meeting this deadline means accepting the President's objections. If the Majilis and the Senate confirm the earlier decision 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 version proposed by the President. The objections of the Head of State to the constitutional laws adopted by the Parliament are considered in accordance with the procedure provided for in this subparagraph. At the same time, the President's objections to constitutional laws are overcome by the Parliament by at least three-quarters of the total number of deputies of each Chamber;
takes the initiative to call a republican referendum.
Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 55
The exclusive jurisdiction of the Senate includes:
election and dismissal of the Chairman of the Supreme Court and judges of the Supreme Court of the Republic of Kazakhstan on the proposal of the President of the Republic of Kazakhstan, taking their oaths;
on the proposal of the President of the Republic of Kazakhstan, election to the post for a term of five years and dismissal of the Commissioner for Human Rights in the Republic of Kazakhstan;
consent to the appointment by the President of the Republic of the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee of the Republic;
Deprivation of immunity of the Prosecutor General, the Chairman and judges of the Supreme Court of the Republic;
(excluded from May 21, 2007 N 254)
performing the functions of the Parliament of the Republic for the adoption of constitutional laws and laws during the temporary absence of the Mazhilis caused by the early termination of its powers;
exercise of other powers conferred by the Constitution on the Senate of the Parliament.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 11/2 of July 5, 2000. Article 55 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 56
The exclusive competence of the Mazhilis includes: the
adoption of draft constitutional laws and laws submitted to the Parliament for consideration and the consideration of these projects;
by a majority vote of the total number of deputies of the Chamber, consent is given to the President of the Republic to appoint the Prime Minister of the Republic;
announcement of the next presidential election;
exercise of other powers conferred by the Constitution on the Mazhilis of the Parliament.
The Majilis may, by a majority vote of the total number of deputies of the Majilis, at the initiative of at least one-fifth of the total number of deputies of the Majilis, express a vote of no confidence in the Government.
Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 57
Each of the Houses of Parliament independently, without the participation of the other Chamber:
appoints two members of the Constitutional Council; appoints two members of the Central Election Commission and three members of the Accounts Committee for Monitoring the Implementation of the Republican Budget for a five-year term;
delegates half of the members of the commission formed by the Parliament in the case provided for in paragraph 1 of Article 47 of the Constitution;
elects half of the members of the joint commissions of the Chambers;
terminates the powers of the deputies of the Chambers, as well as, on the recommendation of the Prosecutor General of the Republic of Kazakhstan, resolves the issues of depriving the deputies of the Chambers of their inviolability;
conducts Parliamentary hearings on issues of its competence;
The Chamber has the right, at the initiative of at least one third of the total number of deputies, to hear reports of members of the Government of the Republic on their activities. Following the results of the hearing of the report, the Chamber has the right to adopt an appeal to the President of the Republic to dismiss a member of the Government in case of non-compliance with the laws of the Republic by a majority of at least two-thirds of the total number of deputies. In this case, the President of the Republic shall dismiss a member of the Government;
forms the coordinating and working bodies of the Chambers;
adopts the rules of its activities and other decisions on issues related to the organization and internal regulations of the Chamber.
Footnote. Article 57 as amended by the Laws of the Republic of Kazakhstan of October 7, 1998 N 284; of May 21, 2007 N 254 (effective from the date of its official publication); of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 58
The Chambers are headed by the chairmen elected by the Senate and the Mazhilis from among their deputies who are fluent in the state language, by secret ballot by a majority vote of the total number of deputies of the Chambers. The candidate for the post of Chairman of the Senate is nominated by the President of the Republic of Kazakhstan. Candidates for the post of Chairman of the Mazhilis are nominated by the deputies of the Chamber.
The Chairmen of the Chambers may be recalled from office, and may also resign if a majority of the total number of deputies of the Chambers voted for it.
Chairmen of the Houses of Parliament:
convene and preside over the sessions of the Chambers;
provide general guidance on the preparation of issues submitted to the Chambers for consideration;
submit to the Chambers candidates for election to the positions of Deputy Chairmen of the Chambers;
ensure compliance with the regulations in the activities of the Chambers;
manage the activities of the coordinating bodies of the Chambers;
sign acts issued by the Chambers;
submit candidates to the Chambers for appointment to the positions of members of the Constitutional Council, the Central Election Commission, the Accounts Committee for Monitoring the Implementation of the Republican Budget;
perform other duties assigned to them by the Regulations of the Parliament.
Chairman of the Mazhilis:
opens the sessions of the Parliament;
convenes regular joint sessions of the Chambers, presides over regular and extraordinary joint sessions of the Chambers.
On issues of their competence, the Chairmen of the Chambers issue orders.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 59
The session of the Parliament is held in the form of joint and separate sessions of its Chambers.
The first session of the Parliament is convened by the President of the Republic of Kazakhstan no later than thirty days from the date of publication of the election results.
Regular sessions of the Parliament are held once a year, starting from the first working day of September and until the last working day of June.
The session of the Parliament, as a rule, is opened by the President of the Republic and closed at joint sessions of the Senate and the Mazhilis. During the period between sessions of the Parliament, the President of the Republic, on his own initiative, on the proposal of the Chairmen of the Chambers or at least one third of the total number of deputies of the Parliament, may convene an extraordinary session of the Parliament. It can only consider the issues that served as the basis for its convocation.
Joint and separate sessions of the Chambers are held subject to the presence of at least two-thirds of the total number of deputies of each Chamber.
Joint and separate sessions of the Chambers are open. In cases stipulated by the regulations, closed meetings may be held. The President of the Republic, the Prime Minister and members of the Government, the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee have the right to attend any meetings and be heard.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 14/2 of June 30, 1999; resolution of the Constitutional Council of the Republic of Kazakhstan No. 13/2 of July 14, 1999. Article 59 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 60
The Chambers form standing committees, the number of which does not exceed seven in each Chamber.
To resolve issues related to the joint activities of the Chambers, the Senate and the Mazhilis have the right to form joint commissions on a parity basis.
Committees and commissions issue resolutions on issues of their competence.
The procedure for the formation, powers and organization of the activities of committees and commissions are determined by law.
Article 61
The right of legislative initiative belongs to the President of the Republic, deputies of the Parliament, the Government and is implemented exclusively in the Mazhilis.
The President of the Republic has the right to determine the priority of consideration of draft laws, which means that the relevant draft laws must be adopted as a matter of priority within two months.
The Parliament has the right to issue laws that regulate the most important social relations, establish fundamental principles and norms concerning:
legal personality of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;
the regime of property and other property rights;
fundamentals of the organization and activities of state and local self-government bodies, state and military service;
taxation, establishment of fees and other mandatory payments; the
republican budget;
issues of the judicial system and judicial proceedings;
education, health and social security;
privatization of enterprises and their property;
environmental protection;
administrative-territorial structure of the Republic;
ensuring the defense and security of the state.
All other relations are regulated by bylaws.
The draft law, considered and approved 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 draft adopted by a majority vote of the total number of deputies of the Senate becomes law and is submitted to the President for signature within ten days. The draft, rejected by a majority of the total number of deputies of the Senate, is returned to the Mazhilis. If the Mazhilis again approves the draft by a two-thirds majority of the total number of deputies, it is submitted to the Senate for re-discussion and voting. A re-rejected draft law may not be re-introduced during the same session.
Amendments and additions to the draft law made by a majority vote of the total number of deputies of the Senate are sent to the Mazhilis. If the Majilis agrees with the proposed amendments and additions by a majority vote of the total number of deputies, the law is considered adopted. If the Majilis by the same majority of votes objects to the amendments and additions made by the Senate, the differences between the Chambers are resolved through conciliation procedures.
5-1. The draft constitutional law, considered and approved by at least two-thirds 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 draft adopted by at least two-thirds of the total number of deputies of the Senate becomes a constitutional law and is submitted to the President of the Republic for signature within ten days. The rejection of the draft constitutional law as a whole is carried out by the Majilis or the Senate by a majority vote of the total number of deputies of the Chamber.
Amendments and additions to the draft constitutional law made by the Senate by at least two-thirds of the votes of its deputies are sent to the Mazhilis. If the Mazhilis agrees with the amendments and additions made by the Senate by at least two-thirds of the votes of its deputies, the constitutional law is considered adopted.
If the Majilis does not agree with them by at least two-thirds of the votes of the deputies when voting on the amendments and additions made by the Senate, then the differences between the Chambers are resolved through conciliation procedures.
Draft laws that provide for a reduction in State revenues or an increase in state expenditures may be introduced only if there is a positive opinion of the Government of the Republic. For draft legislative acts submitted to the Mazhilis of the Parliament as a legislative initiative of the President of the Republic, the presence of such an opinion is not required.
In connection with the non-acceptance of the draft law submitted by the Government, the Prime Minister has the right to raise a question of confidence in the Government at a joint session of the Houses of Parliament. The vote on this issue is held no earlier than forty-eight hours after the question of confidence is raised. If the motion for a vote of no confidence does not receive a majority of the total number of deputies of each Chamber, the draft law is considered adopted without a vote. However, the Government may not exercise this right more than twice a year.
Footnote. See normative resolutions of the Constitutional Council of the Republic of Kazakhstan of 12.03.1999 N 3/2; of 11.11.1999 N 19/2; of 15.06.2000 N 9/2; of 03.07.2000 N 15/2; of 08.06.2001 N 8/2; as amended by the Law of the Republic of Kazakhstan of 21.05.2007 N 254 (effective from the date of its official publication); see normative resolution of the Constitutional Council of the Republic of Kazakhstan of 15.10.2008 N 8; of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 62
The Parliament adopts legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of the Parliament, resolutions of the Senate and the Mazhilis, which are binding on the entire territory of the Republic.
The laws of the Republic come into force after they are signed by the President of the Republic.
Amendments and additions to the Constitution are made by a majority of at least three-quarters of the total number of deputies of each Chamber.
Constitutional laws are adopted on issues stipulated by the Constitution by a majority of at least two-thirds of the total number of deputies of each Chamber.
Legislative acts 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.
Holding at least two readings on the issues of amendments and additions to the Constitution of the Republic of Kazakhstan is mandatory.
The laws of the Republic, the resolutions of the Parliament and its Chambers must not contradict the Constitution. The resolutions of the Parliament and its Chambers must not contradict the laws.
The procedure for the development, presentation, discussion, introduction and publication of legislative and other normative legal acts of the Republic is regulated by a special law and regulations of the Parliament and its Chambers.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of July 3, 2000 15/2. Article 62 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 63
The President of the Republic, after consultation with the Chairmen of the Chambers of Parliament and the Prime Minister, may dissolve the Parliament or the Majilis of the Parliament.
The Parliament and the Mazhilis of the Parliament may not be dissolved during a state of emergency or martial law, during the last six months of the President's term of office, or within one year after the previous dissolution.
Footnote. Article 63 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Section V
Government
Article 64
The Government exercises the executive power of the Republic of Kazakhstan, heads the system of executive bodies and manages their activities.
The Government is a collegial body and in all its activities is responsible to the President of the Republic and the Parliament.
Members of the Government are accountable to the Houses of Parliament in the case provided for in subparagraph 6) of Article 57 of the Constitution.
The competence, organization and operation of the Government are determined by the constitutional law.
Footnote. Article 62 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 65
The Government is formed by the President of the Republic of Kazakhstan in accordance with the procedure provided for by the Constitution.
Proposals on the structure and composition of the Government are submitted to the President of the Republic by the Prime Minister of the Republic within ten days after the appointment of the Prime Minister.
Members of the Government take the oath to the people and the President of Kazakhstan.
Article 66
Government of the Republic of Kazakhstan:
develops the main directions of the socio-economic policy of the state, its defense capability, security, ensuring public order and organizes their implementation;
submits to the Parliament the republican budget and a report on its execution, ensures the execution of the budget;
submits draft laws to the Mazhilis and ensures the implementation of laws;
organizes the management of state property;
develops measures for the implementation of the foreign policy of the Republic;
manages the activities of ministries, state committees, and other central and local executive bodies;
cancels or suspends in whole or in part the validity of acts of ministries, state committees, and other central and local executive bodies of the Republic;
excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
(the subparagraph is excluded - by the Law of the Republic of Kazakhstan of October 7, 1998 N 284)
in consultation with the President of the Republic, approves a unified system of financing and remuneration of employees for all bodies maintained at the expense of the state budget;
performs other functions assigned to it by the Constitution, laws and acts of the President.
Footnote. Article 66 was amended by the Law of the Republic of Kazakhstan of October 7, 1998 N 284. See Resolution of the Constitutional Council of the Republic of Kazakhstan of March 17, 1999 N 4/2; resolution of the Constitutional Council of the Republic of Kazakhstan of April 12, 2001 N 1/2.; as amended by the Law of the Republic of Kazakhstan of 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 67
Prime Minister of the Republic of Kazakhstan:
organizes and directs the activities of the Government, personally responsible for its work;
(excluded from May 21, 2007 N 254)
signs Government resolutions;
reports to the President and Parliament on the main activities of the Government and all its major decisions;
performs other functions related to the organization and management of Government activities.
Footnote. Article 67 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 68
Members of the Government are independent in making decisions within their competence and are personally responsible to the Prime Minister of the Republic for the work of the state bodies subordinate to them. A member of the Government who does not agree with the Government's policy or does not implement it, resigns or is subject to dismissal from office.
Members of the Government are not entitled to be deputies of a representative body, to hold other paid positions, except for teaching, scientific or other creative activities, to carry out entrepreneurial activities, to be a member of the governing body or the supervisory board of a commercial organization, except in cases where this is their official duties in accordance with the law.
Footnote. Article 68 as amended by the Laws of the Republic of Kazakhstan of October 7, 1998 N 284; of May 21, 2007 N 254 (effective from the date of its official publication).
Article 69
The Government of the Republic of Kazakhstan, on issues of its competence, issues resolutions that are binding on the entire territory of the Republic.
The Prime Minister of the Republic issues orders that are binding on the entire territory of the Republic.
Government resolutions and orders of the Prime Minister must not contradict the Constitution, legislative acts, decrees and orders of the President of the Republic.
Article 70
The Government resigns its powers to the newly elected Mazhilis of the Parliament of the Republic.
The Government and any of its members have the right to declare their resignation to the President of the Republic if they consider it impossible to continue performing the functions assigned to them.
The Government declares its resignation to the President of the Republic if the Majilis of the Parliament or the Parliament expresses a vote of no confidence in the Government.
The President of the Republic considers the issue of accepting or rejecting the resignation within ten days.
Acceptance of resignation means the termination of the powers of the Government or its corresponding member. Accepting the resignation of the Prime Minister means the termination of the powers of the entire Government.
If the resignation of the Government or its member is rejected, the President entrusts it with the further exercise of its duties.
The President of the Republic may, on his own initiative, decide to terminate the powers of the Government and dismiss any member of it. The dismissal of the Prime Minister means the termination of the powers of the entire Government.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 11 of November 19, 2003. Article 70 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Section VI
Constitutional Council
Article 71
The Constitutional Council of the Republic of Kazakhstan consists of seven members, whose powers last for six years. The life members of the Constitutional Council are by right ex-Presidents of the Republic.
The Chairman of the Constitutional Council is appointed by the President of the Republic, and in the event of an equal vote, his vote is decisive.
Two members of the Constitutional Council are appointed by the President of the Republic, and two members of the Constitutional Council are appointed by the Senate and the Mazhilis, respectively.
Half of the members of the Constitutional Council are renewed every three years.
The position of the Chairman and a member of the Constitutional Council is incompatible with the deputy's mandate, the occupation of other paid positions, except for teaching, scientific or other creative activities, the implementation of entrepreneurial activities, membership in the governing body or the supervisory board of a commercial organization.
The Chairman and members of the Constitutional Council may not, during the term of their powers, be arrested, arrested, subjected to administrative penalties imposed in court, or brought to criminal responsibility without the consent of the Parliament, except in cases of arrest at the scene of a crime or the commission of serious crimes.
The organization and activities of the Constitutional Council are regulated by the Constitutional Law.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 10 of January 30, 2003. Article 71 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 72
Constitutional Council at the request of the President of the Republic of Kazakhstan, the Chairman of the Senate, the Chairman of the Mazhilis, at least one-fifth of the total number of deputies of the Parliament, the Prime Minister:
decides in case of a dispute on the correctness of the elections of the President of the Republic, deputies of the Parliament and the republican referendum;
Reviews the laws adopted by the Parliament for their compliance with the Constitution of the Republic before being signed by the President;
Reviews the resolutions adopted by the Parliament and its Chambers for compliance with the Constitution of the Republic;
Reviews the international treaties of the Republic for compliance with their Constitution before ratification;
gives an official interpretation of the norms of the Constitution;
gives opinions in the cases provided for in paragraphs 1 and 2 of Article 47 of the Constitution.
The Constitutional Council considers the appeals of the President of the Republic in cases provided for in sub-paragraph 10-1) of Article 44 of the Constitution, as well as appeals of the courts in cases established by Article 78 of the Constitution.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of July 3, 2000 15/2; resolution of the Constitutional Council of the Republic of Kazakhstan of December 13, 2001 N 19/2. Article 72 as amended by the Laws of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication); of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 73
In the event of an appeal to the Constitutional Council on the issues specified in subparagraph 1) of paragraph 1 of Article 72 of the Constitution, the inauguration of the President, the registration of elected deputies of the Parliament or the summing up of the results of the republican referendum are suspended.
In the event of an appeal to the Constitutional Council on the issues specified in sub-paragraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution, the deadline for signing or ratifying the relevant acts is suspended.
The Constitutional Council makes its decision within one month from the date of receipt of the appeal. This period may be reduced to ten days at the request of the President of the Republic, if the matter is urgent.
Excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 74
Laws and international treaties deemed inconsistent with the Constitution of the Republic of Kazakhstan may not be signed or, accordingly, ratified and put into effect.
Laws and other legal acts that are recognized as unconstitutional, including those that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution, are canceled and are not subject to application.
The decisions of the Constitutional Council come into force from the date of their adoption, are generally binding on the entire territory of the Republic, are final and are not subject to appeal.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of December 13, 2001 N 19/2. Article 74 as amended by the Laws of the Republic of Kazakhstan of May 21, 2007 N 254( effective from the date of its official publication); of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Section VII
Courts and justice
Article 75
Justice in the Republic of Kazakhstan is carried out only by the court.
Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. In cases provided for by law, criminal proceedings are conducted with the participation of jurors.
The courts of the Republic are the Supreme Court of the Republic, local and other courts of the Republic established by law.
The judicial system of the Republic is established by the Constitution of the Republic and the constitutional law. The establishment of special and extraordinary courts under any name is not allowed.
Footnote. Article 75 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 1 of February 15, 2002; see Resolution of the Constitutional Council of the Republic of Kazakhstan No. 1 of April 14, 2006. Article 75 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 76
The judicial power is exercised on behalf of the Republic of Kazakhstan and has the purpose of protecting the rights, freedoms and legitimate interests of citizens and organizations, ensuring the implementation of the Constitution, laws, other regulatory legal acts, and international treaties of the Republic.
The judicial power extends to all cases and disputes arising on the basis of the Constitution, laws, other normative legal acts, and international treaties of the Republic.
Decisions, sentences and other decisions of the courts are binding on the entire territory of the Republic.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 7/2 of March 29, 1999; No. 21/2 of December 20, 2000.
Article 77
The judge is independent in the administration of justice and is subject only to the Constitution and the law.
Any interference in the activities of the court in the administration of justice is unacceptable and entails liability under the law. Judges are not accountable for specific cases.
When applying the law, the judge must be guided by the following principles: a
person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force;
no one may be subjected to repeated criminal or administrative responsibility for the same offense;
no one can change the jurisdiction provided for by law without his consent;
in court, everyone has the right to be heard;
laws that establish or strengthen responsibility, impose new duties on citizens or worsen their situation do not have retroactive effect. If, after the commission of an offense, the responsibility for it is abolished or mitigated by law, the new law applies;
the accused is not required to prove his innocence;
no one is obliged to give evidence against himself, his spouse or close relatives, whose circle is determined by law. Clergymen are not required to testify against those who confide in them in confession;
any doubts about the guilt of the person are interpreted in favor of the accused;
evidence obtained in an illegal way has no legal force. No one can be convicted solely on the basis of his own confession;
the application of the criminal law by analogy is not allowed.
The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 2/2 of March 10, 1999.
Article 78
The courts are not entitled to apply laws and other normative 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 normative 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 in the case and apply to the Constitutional Council with a proposal to declare this act unconstitutional.
Article 79
The courts are composed 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.
A judge may not be arrested, arrested, subjected to administrative penalties imposed in court, or 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 subparagraph 3) of Article 55 of the Constitution - without the consent of the Senate, except in cases of detention at the scene of a crime or the commission of serious crimes.
The requirements imposed on judges of the courts of the Republic are determined by the constitutional law.
The position of a judge is incompatible with a deputy's mandate, with the occupation of a paid position other than teaching, scientific or other creative activities, the implementation of entrepreneurial activities, membership in the governing body or supervisory board of a commercial organization.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 3 of March 6, 1997; No. 10 of January 30, 2003; No. 7 of June 18, 2004; No. 6 of June 23, 2004. Article 79 as amended by the Law of the Republic of Kazakhstan No. 51-VI of 10.03.2017 (effective from the date of its first official publication).
Article 80
Financing of courts, 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, subject to the 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.
Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (entered into force from the date of its first official publication).
Article 82
The Chairman 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 the recommendation of the Supreme Judicial Council.
The presidents and judges of local and other courts are appointed by the President of the Republic on the recommendation of the Supreme Judicial Council.
In accordance with the constitutional law, judicial boards may be established in the courts. The procedure for granting powers to the chairmen of judicial boards is determined by the constitutional law.
The Supreme Judicial Council consists of the President and other persons appointed by the President of the Republic.
The status and organization of the work of the Supreme Judicial Council are determined by law.
Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication).
Article 83
The Prosecutor's Office on behalf of the State exercises, within the limits and forms established by law, the highest supervision over the observance of the rule of law in 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.
The Prosecutor's Office of the Republic is a single centralized system with subordinate prosecutors subordinate to the higher and the Prosecutor General of the Republic. It exercises its powers independently of other State bodies and officials and is accountable only to the President of the Republic.
The Prosecutor General of the Republic may not, during the term of his office, be arrested, arrested, subjected to administrative penalties imposed in court, or brought to criminal responsibility without the consent of the Senate, except in cases of arrest at the scene of a crime or the commission of serious crimes. The term of office of the Prosecutor General is five years.
The competence, organization and procedure of the activities of the Prosecutor's Office of the Republic are determined by law.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan of December 26, 2000 N 23; of January 30, 2003 N 10; of December 31, 2003 N 13. Article 83 as amended by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (effective from the date of its first official publication).
Article 84 is excluded by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (entered into force from the date of its official publication).
Section VIII
Local government and self-government
Article 85
Local public administration is carried out by local representative and executive bodies, which are responsible for the state of affairs in the relevant territory.
Article 86
Local representative bodies-maslikhats-express the will of the population of the respective administrative-territorial units and, taking into account the national interests, determine the measures necessary for its implementation and monitor their implementation.
Maslikhats are elected by the population on the basis of universal, equal, direct suffrage by secret ballot for a term of five years.
A citizen of the Republic of Kazakhstan who has reached the age of twenty may be elected as a deputy of the maslikhat. A citizen of the Republic may be a deputy of only one maslikhat.
The management of maslikhats includes:
approval of plans, economic and social programs for the development of the territory, the local budget and reports on their implementation; resolution of
issues related to their jurisdiction of the local administrative and territorial structure;
consideration of reports of heads of local executive bodies on issues referred by law to the competence of the maslikhat;
formation of standing committees and other working bodies of the maslikhat, hearing reports on their activities, resolving other issues related to the organization of the maslikhat's work;
exercise, in accordance with the legislation of the Republic, other powers to ensure the rights and legitimate interests of citizens.
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 a decision on self-dissolution by the maslikhat.
The competence of maslikhats, the procedure for their organization and activity, and the legal status of their deputies are established by law.
Footnote. Article 86 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 87
Local executive bodies are part of the unified system of executive bodies of the Republic of Kazakhstan, ensure the implementation of the national policy of the executive power in combination with the interests and needs of the development of the relevant territory.
The local executive bodies are responsible for::
development of plans, economic and social programs for the development of the territory, the local budget and ensuring their implementation;
municipal property management;
appointment and dismissal of heads of local executive bodies, resolution of other issues related to the organization of the work of local executive bodies;
exercise in the interests of local state administration of other powers assigned to local executive bodies by the legislation of the Republic.
The local executive body is headed by the akim of the corresponding administrative-territorial unit, who is the representative of the President and the Government of the Republic.
Akims of regions, cities of republican significance and the capital are appointed by the President of the Republic with the consent of the maslikhats, respectively, of regions, cities of republican significance and the capital. Mayors of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure established by law.
At the initiative of at least one-fifth of the total number of maslikhat deputies, the question of expressing a vote of no confidence in the mayor may be raised. In this case, the maslikhat, by a majority vote of the total number of its deputies, has the right to express no confidence in the mayor and raise the issue of his dismissal, respectively, before the President of the Republic or a higher akim. 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.
The competence of local executive bodies, the organization and procedure of their activities are established by law.
Footnote. Article 87 as amended by the Laws of the Republic of Kazakhstan of October 7, 1998 N 284; of May 21, 2007 N 254 (effective from the date of its official publication); of 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 88
Maslikhats make decisions on issues of their competence, and akims-decisions and orders that are mandatory for execution on the territory of the corresponding administrative-territorial unit.
Draft decisions of maslikhats that provide 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 of the mayor.
Decisions of maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be annulled in court.
Decisions and orders of akims may be revoked, respectively, by the President, the Government of the Republic of Kazakhstan or a higher akim, as well as in court.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 3/2 of May 31, 2000.
Article 89
In the Republic of Kazakhstan, local self-government is recognized, which ensures the independent solution of local issues by the population.
Local self-government is carried out by the population directly, as well as through maslikhats and other local self-government bodies in local communities covering territories where population groups live compactly.
The implementation of State functions may be delegated to local self-government bodies in accordance with the law.
The organization and activities of local self-government in Kazakhstan are regulated by law.
The independence of local self-government bodies is guaranteed within the limits of their powers established by law.
Footnote. Article 89 as amended by the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Section IX
Final and transitional provisions
Article 90.
The Constitution of the Republic of Kazakhstan, adopted at the republican referendum, comes into force from the date of the official publication of the results of the referendum with the simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.
The day of the adoption of the Constitution at the republican referendum is declared a state holiday - the Day of the Constitution of the Republic of Kazakhstan.
Article 91
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 on his own initiative, at the suggestion of the Parliament or the Government. The draft amendments and additions to the Constitution are not submitted to a national referendum if the President decides to submit it to the Parliament for consideration. The decision of the Parliament is made 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 Chamber of the 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 adopted if more than half of the citizens who took part in the vote voted for them, at least in two-thirds of the regions, cities of republican significance and the capital.
The independence of the state, the unitarity and territorial integrity of the Republic, the form of its government, as well as the fundamental principles of the Republic's activity laid down by the Founder of independent Kazakhstan, the First President of the Republic of Kazakhstan – Elbasy, and its status, established by the Constitution, are unchanged.
Amendments and additions to the Constitution of the Republic are submitted to a republican referendum or to the Parliament of the Republic for consideration if there is a conclusion of the Constitutional Council on their compliance with the requirements set out in paragraph 2 of this Article.
Footnote. Article 91 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 13/2 of December 4, 1998. Article 91 as amended by the Laws of the Republic of Kazakhstan dated May 21, 2007 N 254 (effective from the date of its official publication); dated 10.03.2017 N 51-VI (effective from the date of its first official publication).
Article 92
Constitutional laws must be adopted within one year from the date of entry into force of the Constitution. If the laws referred to in the Constitution as constitutional, or acts having the force of such, were adopted at the time of its entry into force, they are brought into line with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.
Other laws mentioned in the Constitution must be adopted in accordance with the procedure and terms determined by the Parliament, but not later than two years from the date of entry into force of the Constitution.
Decrees of the President of the Republic issued during the period of exercising additional powers in accordance with the Law of the Republic of Kazakhstan dated 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 accordance with the procedure provided for changing, supplementing or repealing the laws of the Republic. Decrees of the President of the Republic issued during the term of his additional powers on issues provided for in paragraphs 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.
The legislation of the Republic of Kazakhstan in force at the time of entry into force of the Constitution is applied in the part that does not contradict it, and within two years from the date of adoption of the Constitution must be brought into compliance with it.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 8/2 of June 15, 2000.
Article 93
In order to implement article 7 of the Constitution, the Government, local representative and executive bodies are obliged to create all the necessary organizational, material and technical conditions for the free and free acquisition of the state language by all citizens of the Republic of Kazakhstan in accordance with a special law.
Article 94
The President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time of entry into force of the Constitution, acquires the powers of the President of the Republic of Kazakhstan established by it and exercises them during the term established by the decision adopted at the republican referendum on April 29, 1995. With the consent of the President of the Republic of Kazakhstan, this term of office of the President of the Republic may be shortened by a resolution of the Parliament of the Republic adopted at a joint session of its Chambers by a majority vote of the total number of deputies of each Chamber. In this case, the Mazhilis of the Parliament within one month appoints the election of the President of the Republic of Kazakhstan. The President of the Republic, elected as a result of these elections, takes the oath of office within one month from the date of publication of the election results and exercises his powers until the President of the Republic, elected in the next presidential election, which must be held after seven years on the first Sunday in December, takes office.
The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time of the entry into force of the Constitution, retains his powers until the expiration of the term for which he was elected.
Footnote. Article 94 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 5 of August 19, 2005.
Article 94-1
The provision of paragraph 1 of Article 41 of the Constitution defining the term of office of the President of the Republic applies to a person who will be elected President of the Republic on the basis of the results of presidential elections held in connection with the expiration of the seven-year term of office of the President of the Republic, elected at the elections on 4 December 2005.
Footnote. The Constitution is supplemented by Article 94-1 in accordance with the Law of the Republic of Kazakhstan of May 21, 2007 N 254 (effective from the date of its official publication).
Article 95
One half of the deputies of the Senate of the first convocation is 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 the constitutional law.
The provisions of the Constitution of the Republic of Kazakhstan on the election of deputies of the Mazhilis of the Parliament on the basis of party lists are applied starting from the election of deputies of the Mazhilis of the Parliament of the second convocation.
Footnote. Article 95 was amended by the Law of the Republic of Kazakhstan No. 284 of October 7, 1998.
Footnote. See Resolution of the Constitutional Council of the Republic of Kazakhstan No. 24/2 of November 29, 1999.
Article 96
The Cabinet of Ministers of the Republic of Kazakhstan from the date of entry into force of the Constitution 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: the President of the Republic, the Chairman of the Senate of the Parliament and the Chairman of the Mazhilis of the Parliament appoint one of the members of the Constitutional Council for a term of three years, and one of the members of the Constitutional Council - for a term of six years, the Chairman of the Constitutional Council is appointed by the President of the Republic for a term of six years.
Article 98
The bodies of justice and investigation provided for by the Constitution shall be formed in accordance with the procedure and within the time limits provided for by the relevant laws. Until they are formed, the existing justice and investigation bodies retain their powers.
The courts of the Supreme Court and the Supreme Arbitration Court, local courts of the Republic of Kazakhstan retain their powers until the formation of the courts provided for by the Constitution. Vacant positions of judges are filled in accordance with the procedure established by the Constitution.