Everything about the Constitution of the Republic of Kazakhstan

The Constitution is the fundamental law of every sovereign state, defining the structure, functions and basic principles of its work. In this article we will look at the Constitution of the Republic of Kazakhstan, its history, structure and key provisions.

History of the Constitution of Kazakhstan

First Constitution (1993)

The first Constitution of the Republic of Kazakhstan was adopted on January 28, 1993 and approved by a referendum. It established Kazakhstan as an independent state and defined the basic principles of the political system.

Second Constitution (1995)

The Second Constitution was adopted on August 30, 1995 and introduced changes to the power structure, strengthening presidential power. This Constitution also confirmed the neutrality of Kazakhstan.

Third Constitution (2017)

The third and current Constitution was adopted on August 30, 2017 and came into force on September 5, 2017. It provides for greater powers of parliament and strengthens the rights and freedoms of citizens.

Structure of the Constitution

Preamble

The Constitution begins with a preamble, which contains important provisions on state independence, national identity and obligations to the world community.

Chapters and articles

The Constitution consists of several chapters, each of which is devoted to certain aspects of the organization and functioning of the state. It also contains more than 90 articles establishing the rights and obligations of citizens.

Basic principles

The Constitution establishes the basic principles of government, such as sovereignty, the rule of law, separation of powers and independence of the judiciary.

Key provisions of the Constitution

Civil rights and freedoms

The Constitution guarantees citizens of Kazakhstan a wide range of civil rights and freedoms, including the right to life, freedom of speech, religion and assembly.

Government system

The Constitution defines the system of government in Kazakhstan, including the presidential, parliamentary and judicial powers.

Законодательная власть

Legislative power in Kazakhstan belongs to the parliament, which consists of two chambers - the Senate and the Mazhilis. Parliament passes laws and regulates the life of the country.

Executive power

The President is the head of the executive branch and is responsible for governing the country and ensuring its security.

Conclusion

The Constitution of the Republic of Kazakhstan is a fundamental document that defines the foundations of the state system and guarantees the rights and freedoms of citizens. It is the basis for the development and strengthening of democracy and law and order in the country.

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F.A.Q.

Constitution of Kazakhstan

We, the people of Kazakhstan,

united by a common historical destiny,

creating statehood on the ancestral Kazakh land,

recognizing ourselves as a peace-loving civil society,

committed to the ideals of freedom, equality and harmony,

wishing to take a worthy place in the world community,

aware of their high responsibility

to present and future generations,

based on its sovereign right,

We adopt this Constitution.

Section I. General provisions

Article 1

1. The Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values ​​of which are the person, his life, rights and freedoms.

2. The fundamental principles of the Republic’s activities are: public harmony and political stability, economic development for the benefit of all people, Kazakhstani patriotism, resolving the most important issues of state life by democratic methods, including voting in a republican referendum or in Parliament.

Article 2

1. The Republic of Kazakhstan is a unitary state with a presidential form of government.

2. The sovereignty of the Republic extends to its entire territory. The state ensures the integrity, inviolability and inalienability of its territory.

3. The administrative-territorial structure of the Republic and the status of its capital are determined by law. The capital of Kazakhstan is the city of Astana.

3-1. Within the city of Astana, a special legal regime in the financial sector may be established in accordance with constitutional law.

4. The names Republic of Kazakhstan and Kazakhstan are equivalent.

Article 3

1. The only source of government power is the people.
2. The people exercise power directly through a republican referendum and free elections, and also delegate the exercise of their power to government bodies.
3. No one can appropriate 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 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 the powers delegated to them.
4. State power in the Republic is united, 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.

Article 4

1. The current law in the Republic of Kazakhstan is the norms of the Constitution, laws corresponding to it, other normative legal acts, international treaty and other obligations of the Republic, as well as normative decisions of the Constitutional Court and the Supreme Court of the Republic.

2. The Constitution has supreme legal force and direct effect throughout the territory of the Republic.

3. International treaties ratified by the Republic take precedence over its laws. The procedure and conditions for the validity of international treaties to which Kazakhstan is a party on the territory of the Republic of Kazakhstan are determined by the legislation of the Republic.

4. All laws and international treaties to which the Republic is a party are published. The official publication of normative legal acts relating to the rights, freedoms and responsibilities of citizens is a mandatory condition for their application.

Article 5

1. Ideological and political diversity is recognized in the Republic of Kazakhstan. The creation of political party organizations in government bodies is not permitted.

2. Public associations are equal before the law. Unlawful interference of the state in the affairs of public associations and public associations in the affairs of the state, or the assignment of functions of state bodies to public associations is not allowed.

3. The creation and activities of public associations whose goals or actions are aimed at violently changing the constitutional system, violating the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and clan hatred, as well as the creation of paramilitary formations not provided for by law are prohibited. .

4. 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 are not allowed in the Republic.

5. 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 agreement with the relevant government bodies of the Republic.

Article 6

1. In the Republic of Kazakhstan, state and private property are recognized and equally protected.

2. Property is obligatory; its use must simultaneously serve the public good. Subjects and objects of property, the scope and limits of the owners' exercise of their rights, guarantees of their protection are determined by law.

3. The land and its subsoil, water, flora and fauna, and other natural resources belong to the people. On behalf of the people, property rights are exercised by the state. Land may also be privately owned on the grounds, conditions and within the limits established by law.

Article 7

1. In the Republic of Kazakhstan, the Kazakh language is the state language.

2. In state organizations and local self-government bodies, the Russian language is officially used along with the Kazakh language.

3. 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 resolution of international disputes, and refuses to use military force.

Article 9

The Republic of Kazakhstan has state symbols - Flag, Coat of Arms and Anthem. Their description and procedure for official use are established by constitutional law.

Section II Man and Citizen

Article 10

1. 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.

2. A citizen of the Republic cannot be deprived of citizenship, the right to change his citizenship, and also cannot be expelled from the borders of Kazakhstan. Deprivation of citizenship is allowed only by court decision for committing terrorist crimes, as well as for causing other grave harm to the vital interests of the Republic of Kazakhstan.

3. A citizen of the Republic is not recognized as having citizenship of another state.

Article 11

1. A citizen of the Republic of Kazakhstan cannot be extradited to a foreign state, unless otherwise established by international treaties of the Republic.

2. The Republic guarantees its citizens protection and patronage outside its borders.

Article 12

1. In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.

2. 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.

3. A citizen of the Republic, by virtue of his very citizenship, has rights and bears responsibilities.

4. Foreigners and stateless persons enjoy the rights and freedoms in the Republic, and also bear the responsibilities established for citizens, unless otherwise provided by the Constitution, laws and international treaties.

5. The exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons, or encroach on the constitutional order and public morality.

Article 13

1. Everyone has the right to recognition of his legal personality and the right to defend his rights and freedoms in all ways that do not contradict the law, including necessary defense.

2. Everyone has the right to judicial protection of their rights and freedoms.

3. Everyone has the right to receive qualified legal assistance. In cases provided for by law, legal assistance is provided free of charge.

Article 14

1. All are equal before the law and the court.

2. No one may be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.

Article 15

1. Everyone has the right to life.

2. No one has the right to arbitrarily deprive a person of life. The death penalty is prohibited.

Article 16

1. Everyone has the right to personal freedom.

2. Arrest and detention are allowed only in cases provided for by law and only with the sanction of the court, with the right of appeal granted to the arrested person. Without a court sanction, a person may be detained for a period of no more than seventy-two hours.

3. Every person detained, arrested, or accused of committing a crime has the right to have the assistance of a lawyer (defender) from the moment of detention, arrest, or arraignment, respectively.

Article 17

1. Human dignity is inviolable.

2. No one should be subjected to torture, violence, or other cruel or degrading treatment or punishment.

Article 18

1. Everyone has the right to privacy, personal and family secrets, protection of their honor and dignity.

2. Everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Restrictions on this right are permitted only in cases and in the manner expressly established by law.

3. State bodies, public associations, officials and the media are obliged to provide every citizen with the opportunity to become familiar with documents, decisions and sources of information affecting his rights and interests.

Article 19

1. Everyone has the right to determine and indicate or not indicate their national, party and religious affiliation.

2. Everyone has the right to use their native language and culture, to freely choose the language of communication, education, training and creativity.

Article 20

1. Freedom of speech and creativity is guaranteed. Censorship is prohibited.

2. Everyone has the right to freely receive and disseminate information in any way not prohibited by law. The list of information constituting state secrets of the Republic of Kazakhstan is determined by law.

3. Propaganda or agitation for a violent change in 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

1. Everyone who is legally located on the territory of the Republic of Kazakhstan has the right to free movement throughout its territory and free choice of place of residence, except in cases specified by law.

2. Everyone has the right to travel outside the Republic. Citizens of the Republic have the right to unhindered return to the Republic.

Article 22

1. Everyone has the right to freedom of conscience.

2. The exercise of the right to freedom of conscience should not condition or limit universal human and civil rights and obligations to the state.

Article 23

1. Citizens of the Republic of Kazakhstan have the right to freedom of association. The activities of public associations are regulated by law.

2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, chairmen and members of the Central Election Commission, the Supreme Audit Chamber of the Republic, military personnel, employees of national security agencies, law enforcement agencies should not be members of political parties, trade unions, or speak in support of any or a political party.

Article 24

1. Everyone has the right to freedom of work, free choice of activity and profession. Forced labor is permitted only on the basis of a judicial act of conviction of a criminal or administrative offense or under conditions of a state of emergency or martial law.

2. Everyone has the right to working conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination, as well as to social protection from unemployment.

3. The right to individual and collective labor disputes is recognized using the methods established by law for their resolution, including the right to strike.

4. Everyone has the right to rest. Those working under an employment contract are guaranteed the statutory working hours, weekends and holidays, and paid annual leave.

Article 25

1. Home is inviolable. Deprivation of housing is not permitted, except by court decision. Entry into a home, its inspection and search are permitted only in cases and in the manner prescribed by law.

2. In the Republic of Kazakhstan, conditions are created to provide citizens with housing. The categories of citizens specified in the law who need housing are provided with housing for an affordable fee from state housing funds in accordance with the norms established by law.

Article 26

1. Citizens of the Republic of Kazakhstan may have any legally acquired property in private ownership.

2. Property, including the right of inheritance, is guaranteed by law.

3. No one can be deprived of his property, except by a court decision. Forced alienation of property for state needs in exceptional cases provided for by law may be carried out subject to equivalent compensation.

4. Everyone has the right to freedom of entrepreneurial activity, free use of their property for any legal business activity. Monopolistic activities are regulated and limited by law. Unfair competition is prohibited.

Article 27

1. Marriage and family, motherhood, fatherhood and childhood are under the protection of the state.

2. Caring for and raising children is the natural right and responsibility of parents.

3. Adult able-bodied children are obliged to take care of disabled parents.

Article 28

1. A citizen of the Republic of Kazakhstan is guaranteed a minimum wage and pension, social security by age, in case of illness, disability, loss of a breadwinner and on other legal grounds.

2. Voluntary social insurance, the creation of additional forms of social security, and charity are encouraged.

Article 29

1. Citizens of the Republic of Kazakhstan have the right to health care.

2. Citizens of the Republic have the right to receive a free guaranteed volume of medical care established by law.

3. Receipt of 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 the manner established by law.

Article 30

1. Citizens are guaranteed free secondary education in state educational institutions. Secondary education is required.

2. A citizen has the right to receive free higher education on a competitive basis at a state higher educational institution.

3. Receiving paid education in private educational institutions is carried out on the grounds and in the manner established by law.

4. The state establishes generally compulsory education standards. The activities of any educational institutions must comply with these standards.

Article 31

1. The state aims to protect the environment favorable to human life and health.

2. Concealment by officials of facts and circumstances that threaten the life and health of people shall entail liability in accordance with the law.

Article 32

Citizens of the Republic of Kazakhstan have the right to gather peacefully and without weapons, hold meetings, rallies and demonstrations, processions and picketing. The exercise of this right may be limited by law in the interests of state security, public order, health protection, and protection of the rights and freedoms of others.

Article 33

1. 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 government bodies.

2. Citizens of the Republic have the right to elect and be elected to state bodies and local government bodies, as well as to participate in the republican referendum.

3. Citizens recognized by the court as legally incompetent, as well as those held in prison by a court sentence, do not have the right to vote and be elected, or to participate in a republican referendum.

4. Citizens of the Republic have an equal right to access 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.

Article 34

1. Everyone is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, respect the rights, freedoms, honor and dignity of other persons.

2. Everyone is obliged to respect the state symbols of the Republic.

Article 35

Payment of legally established taxes, fees and other obligatory payments is the duty and responsibility of everyone.

Article 36

1. Protection of the Republic of Kazakhstan is the sacred duty and responsibility of every citizen.

2. Citizens of the Republic perform military service in the manner 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, to 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

1. The rights and freedoms of man and citizen can be limited only by laws and only to the extent necessary in order to protect the constitutional system, protect public order, human rights and freedoms, health and morality of the population.

2. Any actions that could violate interethnic and interfaith harmony are recognized as unconstitutional.

3. Restriction of the rights and freedoms of citizens for political reasons is not allowed in any form. In no case are the rights and freedoms provided for in Articles 11, 13–15, paragraph 1 of Article 16, Article 17, Article 19, Article 22, paragraph 2 of Article 26 of the Constitution subject to restrictions.

Section III President

Article 40

1. The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of the state’s domestic and foreign policy and represents Kazakhstan within the country and in international relations.

2. The President of the Republic is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of man and citizen.

3. The President of the Republic ensures the coordinated functioning of all branches of state power and the responsibility of government bodies to the people.

Article 41

1. The President of the Republic of Kazakhstan is elected in accordance with the constitutional law by adult citizens of the Republic on the basis of universal, equal and direct suffrage by secret ballot for a period of seven years.

2. A citizen of the Republic by birth, not younger than forty years of age, fluent in the state language, living in Kazakhstan for the last fifteen years and having a higher education can be elected President of the Republic of Kazakhstan. The constitutional law may establish additional requirements for candidates for the President of the Republic.

3. The next election of the President of the Republic is held on the first Sunday in December and cannot coincide in terms of the election of the new composition of the Parliament of the Republic.

3-1. Extraordinary presidential elections are called by decision of the President of the Republic and are held in the manner and within the time limits established by constitutional law.

4. Excluded by the Law of the Republic of Kazakhstan dated October 07.10.1998, 284 No. XNUMX.

5. A candidate who receives more than fifty percent of the votes of voters who took part in the voting is considered elected. If none of the candidates receives the specified number of votes, a repeat vote is held in which the two candidates who received the greater number of votes participate. The candidate who receives the largest number of votes from voters who took part in the voting is considered elected.

Article 42

1. The President of the Republic of Kazakhstan takes office from the moment he takes 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, and conscientiously fulfill the high responsibilities of the President of the Republic of Kazakhstan entrusted to me.”

2. The oath is taken on the second Wednesday of January in a solemn atmosphere in the presence of deputies of Parliament, judges of the Constitutional Court, Supreme Court, as well as ex-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.

3. The powers of the President of the Republic terminate from the moment the newly elected President of the Republic takes office, 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 removed from office, have the title of ex-President of the Republic of Kazakhstan.

4. Excluded by the Law of the Republic of Kazakhstan dated October 07.10.1998, 284 No. XNUMX.

5. The same person cannot be elected President of the Republic more than once.

Article 43

1. The President of the Republic of Kazakhstan does not have the right to be a deputy of a representative body, hold other paid positions and carry out entrepreneurial activities.

2. Excluded by the Law of the Republic of Kazakhstan dated October 21.05.2007, 254 No. XNUMX.

3. During the period of exercising his powers, the President of the Republic of Kazakhstan should not be a member of a political party.

4. Close relatives of the President of the Republic of Kazakhstan do not have the right to hold positions of political civil servants or heads of quasi-public sector entities.

Article 44

President of the Republic of Kazakhstan:

1) addresses the annual message to the people of Kazakhstan on the situation in the country and the main directions of the domestic and foreign policy of the Republic;

2) calls regular and extraordinary elections to the Parliament of the Republic and its Chambers; convenes the first session of Parliament and takes the oath of its deputies to the people of Kazakhstan; convenes an extraordinary session of Parliament; signs the law submitted by Parliament within one month, promulgates the law or returns the law or its individual articles for re-discussion and voting;

3) after consultations with factions of political parties represented in the Mazhilis of Parliament, submits to the Mazhilis for approval the candidacy of the Prime Minister of the Republic; with the consent of the Mazhilis of Parliament, appoints the Prime Minister of the Republic; dismisses the Prime Minister of the Republic from office; on the proposal of the Prime Minister, determines the structure of the Government; on the proposal of the Prime Minister, submitted after consultations with the Mazhilis of Parliament, appoints members of the Government to positions; independently appoints the ministers of foreign affairs, defense, and internal affairs; dismisses members of the Government from office; takes the oath of government members; if necessary, chairs Government meetings on particularly important issues;

4) with the consent of the Senate of Parliament, appoints the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General and the Chairman of the National Security Committee of the Republic of Kazakhstan; relieves them of their positions;

5) creates, abolishes and reorganizes state bodies directly subordinate and accountable to the President of the Republic, appoints and dismisses their leaders;

6) appoints and recalls heads of diplomatic missions of the Republic;

7) appoints the Chairman and two members of the Central Election Commission, the Chairman and two members of the Supreme Chamber of Auditors for a period of five years;

8) excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI;

9) excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI;

10) decides to hold a republican referendum;

10-1) 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 Court to consider a 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 Article 91 of the Constitution of the Republic of Kazakhstan;

11) negotiates and signs international treaties of the Republic; signs instruments of ratification; accepts credentials and letters of recall from diplomatic and other representatives of foreign states accredited to him;

12) is the Supreme Commander-in-Chief of the Armed Forces of the Republic, appoints and dismisses the high command of the Armed Forces;

13) awards state awards of the Republic, assigns honorary, highest military and other ranks, class ranks, diplomatic ranks, qualification classes;

14) resolves issues of citizenship of the Republic, granting political asylum;

15) pardons citizens;

16) in the event that democratic institutions, independence and territorial integrity, the 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 disrupted, after official consultations with the Prime Minister and the chairmen of the Chambers of the Parliament of the Republic, takes measures, dictated by the above-mentioned circumstances, including the introduction of a state of emergency throughout Kazakhstan and in its individual localities, the use of the Armed Forces of the Republic, with immediate notification of the Parliament of the Republic;

17) in the event of aggression against the Republic or an immediate external threat to its security, introduces martial law throughout the entire territory of the Republic or in its individual localities, declares partial or general mobilization and immediately informs the Parliament of the Republic about this;

18) forms the State Security Service subordinate to him;

19) appoints and dismisses the State Counselor of the Republic of Kazakhstan, determines his status and powers; forms the Administration of the President of the Republic;

20) 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;

21) exercises other powers in accordance with the Constitution and laws of the Republic.

Article 45

1. The President of the Republic of Kazakhstan, on the basis of and in pursuance of the Constitution and laws, issues decrees and orders that are binding throughout the territory of the Republic.

2. Excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI.

3. Acts of Parliament signed by the President of the Republic, as well as acts of the President issued on the initiative of the Government, are preliminarily sealed with the signature of the Chairman of each of the Chambers of Parliament or the Prime Minister, who are legally responsible for the legality of these acts.

Article 46

1. The President of the Republic of Kazakhstan, his honor and dignity are inviolable.

2. Provision, servicing and protection of the President of the Republic and his family are carried out at the expense of the state.

3. The provisions of this article apply to ex-Presidents of the Republic.

4. Excluded by the Law of the Republic of Kazakhstan dated 08.06.2022/XNUMX/XNUMX.

Article 47

1. The President of the Republic of Kazakhstan may be released from office early if there is a persistent inability to fulfill his duties due to illness. In this case, Parliament forms a commission consisting of an equal number of deputies and specialists in the relevant fields of medicine from each House. The decision on early release is made at a joint meeting of the Chambers of Parliament by a majority of at least three quarters of the total number of deputies of each Chamber based on the conclusion of the commission and the conclusion of the Constitutional Court on compliance with established constitutional procedures.

2. The President of the Republic is responsible for actions committed in the performance of his duties only in the case of high treason and may be removed from office by Parliament for this. The decision to bring charges and investigate them can be made by a majority of the total number of deputies of the Mazhilis on the initiative of at least one third of its deputies. An investigation into the accusation is organized by the Senate, and its results, by a majority vote of the total number of deputies of the Senate, are submitted for consideration to a joint meeting of the Chambers of Parliament. The final decision on this issue is made at a joint meeting of the Chambers of Parliament by a majority of at least three-quarters of the total number of votes of deputies of each Chamber, subject to the Supreme Court’s conclusion on the validity of the charges and the Constitutional Court’s conclusion on compliance with established constitutional procedures. Failure to make a final decision within two months from the date of presentation of the charge entails the recognition of the charge against the President of the Republic as rejected. 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 Mazhilis deputies who initiated the consideration of this issue.

3. The issue of removing the President of the Republic from office cannot be raised during the period when he is considering the issue of early termination of the powers of the Parliament of the Republic or the Mazhilis of the Parliament.

Article 48

1. In the event 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 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 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 resigns accordingly from the powers of the Chairman of the Senate, the Chairman of the Mazhilis, and the Prime Minister. In this case, vacant government positions are filled in the manner prescribed by the Constitution.

2. A person who has assumed the powers of the President of the Republic of Kazakhstan, on the grounds and in the manner provided for in paragraph 1 of this article, does not have the right to initiate changes and additions to the Constitution of the Republic of Kazakhstan.

Section IV Parliament

Article 49

1. The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic, exercising legislative power.

2. The powers of Parliament begin from the opening of its first session and end with the start of the first session of the Parliament of the new convocation.

3. The powers of Parliament may be terminated early in the cases and in the manner provided for by the Constitution.

4. The organization and activities of Parliament, the legal status of its deputies are determined by constitutional law.

Article 50

1. Parliament consists of two Chambers: the Senate and the Mazhilis, operating on a permanent basis.

2. The Senate is formed by deputies representing, in the manner established by constitutional law, two people from each region, city of republican significance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate are appointed by the President of the Republic, five of whom are nominated by the Assembly of the People of Kazakhstan.

3. The Mazhilis consists of ninety-eight deputies elected in the manner established by constitutional law under a mixed electoral system: according to a system of proportional representation across the territory of a single national electoral district, as well as through single-mandate territorial electoral districts.

4. A Member of Parliament cannot be a member of both Chambers at the same time.

5. The term of office of deputies of the Senate is six years, the term of office of deputies of the Mazhilis is five years.

Article 51

1. The election of deputies of the Mazhilis is carried out on the basis of universal, equal and direct suffrage by secret ballot. The next elections of deputies of the Mazhilis are held no later than two months before the end of the term of office of the current convocation of Parliament.

2. The election of deputies of the Senate 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. Moreover, their next elections are held no later than two months before the end of their term of office.

3. Extraordinary elections of deputies of the Parliament or the Mazhilis of the Parliament are held within two months from the date of early termination of powers of the Parliament or the Mazhilis of the Parliament, respectively.

4. A person who is a citizen of the Republic of Kazakhstan and has been permanently residing on its territory for the last ten years can be a Member of Parliament. A deputy of the Senate can be a person who has reached thirty years of age, 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 twenty-five years of age can be a deputy of the Mazhilis.

5. Elections of deputies to the Parliament of the Republic are regulated by constitutional law.

6. A member of Parliament takes the oath to the people of Kazakhstan.

Article 52

1. Excluded by the Law of the Republic of Kazakhstan dated October 21.05.2007, 254 No. XNUMX.

2. Deputies of Parliament are obliged to take part in its work. Voting in Parliament is carried out by a deputy only in person. The absence of a deputy without good reason at meetings of the Chambers and their bodies more than three times, as well as the transfer of voting rights, entails the application of penalties established by law to the deputy.

3. A deputy of Parliament does not have the right to be a deputy of another representative body, hold other paid positions other than teaching, scientific or other creative activities, carry out entrepreneurial activities, or be a member of the governing body or supervisory board of a commercial organization. Violation of this rule entails termination of the powers of the deputy.

4. During his term of office, a Member of Parliament cannot be arrested, subjected to arrest, administrative penalties imposed by a court, or prosecuted without the consent of the relevant Chamber, except in cases of detention in flagrante delicto or the commission of serious crimes.

5. The powers of a deputy of Parliament are terminated in cases of resignation, death, recognition of a deputy as incompetent by a court decision that has entered into legal force, death or missing, and other cases provided for by the Constitution and constitutional law.

A Member of Parliament loses his mandate if:

1) his departure for permanent residence outside of Kazakhstan;

2) the entry into force of a court conviction in relation to him;

3) loss of citizenship of the Republic of Kazakhstan.

A deputy of the Mazhilis of Parliament is deprived of his mandate if:

1) withdrawal or expulsion of a deputy from the political party from which, in accordance with the constitutional law, he was elected on the basis of the party list;

2) termination of the activities of the political party from which, in accordance with the constitutional law, the deputy was elected on the basis of the party list;

3) recall by voters in the manner determined by constitutional law of a deputy elected in a single-mandate territorial electoral district.

The powers of appointed deputies of the Senate of Parliament may be terminated early by decision of the President of the Republic.

The powers of 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.

6. 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 powers of deputies and deprivation of their powers and parliamentary immunity, is assigned to the Central Election Commission of the Republic of Kazakhstan.

Article 53

Parliament at a joint meeting of the Chambers:

1) at the proposal of the President of the Republic of Kazakhstan, introduces amendments and additions to the Constitution;

1-1) adopts constitutional laws;

1-2) conduct a re-discussion and vote on constitutional laws or articles of a constitutional law that have raised objections from the President of the Republic, within one month from the date the objections were sent. Failure to comply with this deadline means acceptance of the President's objections. If Parliament, by a three-quarters majority of the total number of deputies of each Chamber, overcomes the President’s objections, the President signs the constitutional law within one month. If the President's objections are not overcome, the constitutional law is considered not adopted or adopted in the wording proposed by the President;

2) approves reports of the Government and the Supreme Chamber of Auditors on the execution of the republican budget. Failure to approve the Government's report on the execution of the republican budget by the Parliament means the Parliament expresses a vote of no confidence in the Government;

3) excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI;

4) resolves issues of war and peace;

5) adopts, at the proposal of the President of the Republic, a decision on the use of the Armed Forces of the Republic to fulfill international obligations to maintain peace and security;

6) hears annual messages from the Constitutional Court on the state of constitutional legality in the Republic;

7) forms joint commissions of the Chambers, elects and dismisses their chairmen, hears reports on the activities of the commissions;

8) exercises other powers assigned to Parliament by the Constitution.

Article 54

1. Parliament passes laws in separate sessions of the Chambers through sequential consideration of issues first in the Mazhilis and then in the Senate, including:

1) approves the republican budget, makes changes and additions to it;

2) establishes and abolishes state taxes and fees;

3) establishes the procedure for resolving issues of the administrative-territorial structure of Kazakhstan;

4) establishes state awards, establishes honorary, military and other titles, class ranks, diplomatic ranks of the Republic, determines state symbols of the Republic;

5) resolves issues regarding government loans and the provision of economic and other assistance by the Republic;

6) resolves issues of amnesty;

7) ratifies and denounces international treaties of the Republic.

2. Parliament in a separate meeting of the Chambers by sequentially considering issues first in the Mazhilis and then in the Senate:

1) discusses reports on the execution of the republican budget;

2) conduct a re-discussion and vote on laws or articles of law that have raised objections from the President of the Republic, within one month from the date the objections were sent. Failure to comply with this deadline means acceptance of the President's objections. If the Mazhilis and the Senate, by a two-thirds majority of the total number of deputies of each Chamber, overcome the President’s objections, 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 not adopted or adopted in the wording proposed by the President;

3) takes the initiative to call a republican referendum.

Article 55

The exclusive jurisdiction of the Senate includes:

1) election and dismissal from office on the proposal of the President of the Republic of Kazakhstan of the Chairman of the Supreme Court and judges of the Supreme Court of the Republic, taking their oath;

1-1) upon the proposal of the President of the Republic of Kazakhstan, election to the position for a period of five years and dismissal from the position of the Commissioner for Human Rights in the Republic of Kazakhstan;

2) giving consent to the appointment by the President of the Republic of the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee of the Republic;

3) deprivation of immunity of the Prosecutor General, the Chairman and judges of the Supreme Court of the Republic, the Commissioner for Human Rights in the Republic of Kazakhstan;

4) excluded by the Law of the Republic of Kazakhstan dated May 21.05.2007, 254 No. XNUMX;

5) performing the functions of the Parliament of the Republic to adopt constitutional laws and laws during the temporary absence of the Mazhilis caused by the early termination of its powers;

6) exercise of other powers assigned by the Constitution to the Senate of Parliament.

Article 56

1. The exclusive jurisdiction of the Mazhilis includes:

1) acceptance for consideration of draft constitutional laws and laws submitted to Parliament;

2) by a majority vote of the total number of deputies of the Chamber, giving consent to the President of the Republic to appoint the Prime Minister of the Republic;

3) announcement of the next elections of the President of the Republic;

3-1) hearing the report of the Chairman of the Supreme Chamber of Auditors twice a year;

4) exercise of other powers assigned by the Constitution to the Mazhilis of Parliament.

2. The Mazhilis, by a majority vote of the total number of deputies of the Mazhilis, on the initiative of at least one fifth of the total number of deputies of the Mazhilis, has the right to express a vote of no confidence in the Government.

Article 57

Each of the Chambers of Parliament independently, without the participation of the other Chamber:

1) appoints three judges of the Constitutional Court; appoints two members of the Central Election Commission and three members of the Supreme Court of Auditors for a five-year term;

2) delegates half of the members of the commission formed by Parliament in the case provided for in paragraph 1 of Article 47 of the Constitution;

3) elects half of the members of the joint commissions of the Chambers;

4) terminates the powers of the deputies of the Chambers, and also, on the proposal of the Prosecutor General of the Republic of Kazakhstan, resolves issues of depriving the deputies of the Chambers of their immunity;

5) conducts Parliamentary hearings on issues within its competence;

6) has the right, at the initiative of at least one third of the total number of deputies of the Chamber, to hear reports from members of the Government of the Republic on issues of their activities. Based on the results of hearing the report, a majority of at least two-thirds of the total number of deputies of the Chamber has the right to accept an appeal to the President of the Republic to dismiss a member of the Government in case of failure to comply with the laws of the Republic. In this case, the President of the Republic dismisses a member of the Government from office;

7) forms the coordination and working bodies of the Chambers;

8) adopts regulations for its activities and other decisions on issues related to the organization and internal regulations of the Chamber.

Article 58

1. The Chambers are headed by 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 candidacy for the position 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 deputies of the Chamber.

2. Chairmen of the Chambers may be recalled from office, and also have the right to resign if a majority of the total number of deputies of the Chambers votes for this.

3. Presidents of the House of Parliament:

1) convene meetings of the Chambers and preside over them;

2) carry out general management of the preparation of issues submitted for consideration by the Chambers;

3) present to the Chambers candidates for election to the positions of deputy chairmen of the Chambers;

4) ensure compliance with the regulations in the activities of the Chambers;

5) manage the activities of the coordination bodies of the Chambers;

6) sign acts issued by the Chambers;

7) present to the Chambers candidates for appointment to the positions of judges of the Constitutional Court, members of the Central Election Commission, and the Supreme Chamber of Auditors;

8) perform other duties assigned to them by the Rules of Procedure of the Parliament.

4. Chairman of the Mazhilis:

1) opens sessions of Parliament;

2) convenes regular joint meetings of the Chambers, presides over regular and extraordinary joint meetings of the Chambers.

5. On issues of their competence, the chairmen of the Chambers issue orders.

Article 59

1. A session of Parliament takes place in the form of joint and separate sessions of its Chambers.

2. The first session of 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.

3. Regular sessions of Parliament are held once a year, starting from the first working day of September until the last working day of June.

4. The session of 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 Parliament, the President of the Republic, on his own initiative, at the proposal of the chairmen of the Chambers or at least one third of the total number of deputies of Parliament, may convene an extraordinary session of Parliament. It can only consider issues that served as the basis for its convening.

5. 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 of the Chambers.

6. Joint and separate sessions of the Chambers are open. In cases provided for 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.

Article 60

1. The Chambers form permanent committees, the number of which does not exceed seven in each Chamber.

2. 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.

3. Committees and commissions issue resolutions on issues within their competence.

4. The procedure for the formation, powers and organization of the activities of committees and commissions are determined by law.

Article 61

1. The right of legislative initiative belongs to the President of the Republic, deputies of Parliament, and the Government and is exercised exclusively in the Mazhilis.

2. The President of the Republic has the right to determine the priority of consideration of draft laws, which means that the relevant bills must be adopted as a matter of priority within two months.

Bills introduced as a legislative initiative of the Government of the Republic in order to promptly respond to conditions that pose a threat to the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country are subject to consideration by Parliament immediately at a joint meeting of its Chambers.

3. Parliament has the right to issue laws that regulate the most important social relations, establish fundamental principles and norms relating to:

1) legal personality of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;

2) regime of property and other property rights;

3) the fundamentals of the organization and activities of state bodies and local governments, state and military service;

4) taxation, establishment of fees and other obligatory payments;

5) republican budget;

6) issues of judicial system and legal proceedings;

7) education, health care and social security;

8) privatization of enterprises and their property;

9) environmental protection;

10) administrative-territorial structure of the Republic;

11) ensuring the defense and security of the state.

All other relations are regulated by by-laws.

In the event that bills provided for in part two of paragraph 2 of this article are submitted to Parliament, the Government of the Republic has the right to adopt under its responsibility temporary regulatory legal acts that have the force of law on the issues specified in part one of this paragraph, which are valid until the laws adopted by Parliament come into force or until Parliament fails to pass laws.

4. A law adopted by a majority vote of the total number of deputies of the Mazhilis is transferred to the Senate, where it is considered for no more than sixty days.

The Mazhilis has the right to reject the draft law as a whole by a majority vote of the total number of deputies. A rejected bill is considered not adopted and is returned to the initiator.

A law approved by a majority vote of the total number of deputies of the Senate is submitted to the President for signature within ten days. If the Senate does not approve the law as a whole or its individual articles, then the law is returned to the Mazhilis. At the same time, the Senate has the right to propose to the Mazhilis a new edition of certain articles of the law.

If the Senate does not make a corresponding decision within sixty days, the law is submitted to the President for signature.

5. If the Mazhilis, by a majority vote of the total number of deputies, agrees with the wording of individual articles of the law proposed by the Senate, the law is considered adopted by the Mazhilis in the new wording and approved by the Senate and is submitted to the President for signature within ten days.

If the Mazhilis, by the same majority of votes, objects to the wording of individual articles of the law proposed by the Senate, as well as if the Senate has not approved the law as a whole, disagreements between the Chambers are resolved through conciliation procedures.

The version of the law developed by the conciliation commission is subject to consideration by the Mazhilis and the Senate in the manner established by paragraph 4 of this article.

In cases where the Mazhilis, by a majority vote of the total number of deputies of the Chamber, did not adopt the law in the wording proposed by the conciliation commission, the Mazhilis holds a second vote on the law in the previously adopted wording.

If, during a repeat vote, the Mazhilis, by a two-thirds majority of the total number of deputies of the Chamber, confirms the previously adopted decision, the law is submitted to the President for signature within ten days.

If the law does not receive the specified majority of votes of the Mazhilis deputies, the law is considered not adopted and is returned to the initiator.

5-1. Excluded by the Law of the Republic of Kazakhstan dated 08.06.2022/XNUMX/XNUMX.

6. Draft laws providing for a reduction in state revenues or an increase in state expenditures can be introduced only if there is a positive conclusion from the Government of the Republic. For draft legislative acts submitted to the Mazhilis of Parliament in accordance with the legislative initiative of the President of the Republic, such a conclusion is not required.

7. In connection with the failure to accept the draft law submitted by the Government, the Prime Minister has the right to raise the issue of confidence in the Government at a joint meeting of the Chambers of Parliament. Voting on this issue is carried out no earlier than forty-eight hours from the moment the question of confidence is raised. If the proposal for a vote of no confidence does not receive a majority of votes from the total number of deputies of each Chamber, the draft law is considered adopted without a vote. However, the Government cannot exercise this right more than twice a year.

Article 62

1. Parliament adopts legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of Parliament, resolutions of the Senate and the Mazhilis, which are binding throughout the territory of the Republic.

2. The laws of the Republic come into force after they are signed by the President of the Republic.

3. 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.

4. Constitutional laws are adopted on issues provided for by the Constitution by a majority of at least two-thirds of the total number of deputies of each Chamber.

5. Laws are adopted by the Mazhilis and approved by the Senate by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.

Resolutions of the Parliament and its Chambers are adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.

6. Conducting at least two readings on the issues of introducing amendments and additions to the Constitution of the Republic of Kazakhstan, on draft constitutional laws, is mandatory.

7. The laws of the Republic, resolutions of Parliament and its Chambers must not contradict the Constitution. Resolutions of Parliament and its Chambers must not contradict the laws.

8. The procedure for the development, presentation, discussion, enactment 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.

Article 63

1. The President of the Republic, after consultations with the chairmen of the Chambers of Parliament and the Prime Minister, may dissolve the Parliament or the Mazhilis of the Parliament.

2. Parliament and the Mazhilis of Parliament cannot be dissolved during a state of emergency or martial law, during the last six months of the President’s powers, as well as within one year after the previous dissolution.

Section V Government

Article 64

1. The government exercises executive power of the Republic of Kazakhstan, heads the system of executive bodies and manages their activities.

2. The government is a collegial body and in its activities is responsible to the President of the Republic and Parliament.

3. Members of the Government are accountable to the Chambers of Parliament in the case provided for in subparagraph 6) of Article 57 of the Constitution.

4. The competence, order of organization and activities of the Government are determined by constitutional law.

Article 65

1. The government is formed by the President of the Republic of Kazakhstan in the manner prescribed by the Constitution.

2. Proposals on the structure and composition of the Government 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.

3. Members of the Government take the oath to the people and the President of Kazakhstan.

Article 66

Government of the Republic of Kazakhstan:

1) develops the main directions of the state’s socio-economic policy, its defense capability, security, ensuring public order and organizes their implementation; in agreement with the President of the Republic, approves state programs and also ensures their implementation;

2) submits the republican budget and a report on its execution to Parliament, ensures the execution of the budget;

3) submits draft laws to the Mazhilis and ensures the implementation of laws;

4) organizes the management of state property;

5) develops measures to implement the foreign policy of the Republic;

6) manages the activities of ministries, state committees, and other central and local executive bodies;

7) cancels or suspends, in whole or in part, the effect of acts of ministries, state committees, other central and local executive bodies of the Republic;

8) excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI;

9) excluded by the Law of the Republic of Kazakhstan dated May 07.10.1998, 284 No. XNUMX;

9-1) in agreement with the President of the Republic, approves a unified system of financing and remuneration of workers for all bodies maintained at the expense of the state budget;

10) performs other functions assigned to him by the Constitution, laws and acts of the President.

Article 67

Prime Minister of the Republic of Kazakhstan:

1) organizes and manages the activities of the Government, is personally responsible for its work;

2) excluded by the Law of the Republic of Kazakhstan dated May 21.05.2007, 254 No. XNUMX;

3) signs Government resolutions;

4) reports to the President and Parliament on the main directions of the Government’s activities and on all its most important decisions;

5) performs other functions related to the organization and management of the activities of the Government.

Article 68

1. Members of the Government are independent in making decisions within their competence and bear personal responsibility to the Prime Minister of the Republic for the work of state bodies subordinate to them. A member of the Government who does not agree with the policy pursued by the Government or does not carry it out shall resign or be subject to dismissal from his position.

2. Members of the Government do not have the right to be deputies of a representative body, hold other paid positions other than teaching, scientific or other creative activities, carry out entrepreneurial activities, or be members of the governing body or supervisory board of a commercial organization, except in cases where this is their official responsibilities in accordance with the law.

Article 69

1. The Government of the Republic of Kazakhstan, on issues within its competence, issues decrees that are binding throughout the territory of the Republic.

2. The Prime Minister of the Republic issues orders that are binding throughout the territory of the Republic.

3. Decrees of the Government and orders of the Prime Minister must not contradict the Constitution, legislative acts, decrees and orders of the President of the Republic.

Article 70

1. The Government resigns its powers before the newly elected Mazhilis of the Parliament of the Republic.

2. 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 further carry out the functions assigned to them.

3. The Government announces its resignation to the President of the Republic in the event that the Mazhilis of Parliament or the Parliament expresses a vote of no confidence in the Government.

4. The President of the Republic, within ten days, considers the issue of accepting or rejecting the resignation.

5. Acceptance of resignation means termination of the powers of the Government or its corresponding member. Acceptance of the Prime Minister's resignation means the termination of the powers of the entire Government.

6. If the resignation of the Government or its member is rejected, the President entrusts him with the further implementation of his duties.

7. The President of the Republic has the right, on his own initiative, to decide to terminate the powers of the Government and dismiss any of its members. The dismissal of the Prime Minister means the termination of the powers of the entire Government.

Section VI Constitutional Court

Article 71

1. The Constitutional Court of the Republic of Kazakhstan consists of eleven judges, including the Chairman, whose powers last for eight years.

The same person cannot be appointed as a judge of the Constitutional Court more than once.

2. The Chairman of the Constitutional Court is appointed by the President of the Republic with the consent of the Senate of the Parliament.

3. Four judges of the Constitutional Court are appointed by the President of the Republic, three judges of the Constitutional Court are appointed by the Senate and the Mazhilis, respectively.

The Deputy Chairman of the Constitutional Court is appointed by the President of the Republic on the proposal of the Chairman of the Constitutional Court from among the judges of the Constitutional Court.

4. The position of a judge of the Constitutional Court is incompatible with a deputy mandate, holding other paid positions other than teaching, scientific or other creative activities, carrying out entrepreneurial activities, or joining the governing body or supervisory board of a commercial organization.

5. Judges of the Constitutional Court during their term of office cannot be arrested, subjected to arrest, administrative penalties imposed by court, or brought to criminal liability without the consent of Parliament, except in cases of detention in flagrante delicto or the commission of serious crimes.

6. The organization and activities of the Constitutional Court are regulated by constitutional law.

Article 72

1. The Constitutional Court, upon an appeal from 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 Parliament, the Prime Minister:

1) in case of a dispute, decides the issue of the correctness of holding elections of the President of the Republic, deputies of Parliament and holding a republican referendum;

2) reviews laws adopted by Parliament for their compliance with the Constitution of the Republic before signing by the President;

2-1) examines decisions adopted by Parliament and its Chambers for compliance with the Constitution of the Republic;

3) examines, before ratification, international treaties of the Republic for compliance with their Constitution;

4) gives an official interpretation of the norms of the Constitution;

5) gives opinions in cases provided for in paragraphs 1 and 2 of Article 47 of the Constitution.

2. The Constitutional Court considers appeals from the President of the Republic in cases provided for in subparagraph 10-1) of Article 44 of the Constitution, as well as appeals from courts in cases established by Article 78 of the Constitution.

3. The Constitutional Court, upon appeals from citizens, examines for compliance with the Constitution of the Republic the normative legal acts of the Republic of Kazakhstan that directly affect their rights and freedoms enshrined in the Constitution.

The procedure and conditions for citizens to appeal to the Constitutional Court are determined by constitutional law.

4. The Constitutional Court, upon requests from the Prosecutor General of the Republic, considers the issues specified in subparagraphs 3) and 4) of paragraph 1 of this article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution of the Republic.

5. The Constitutional Court, upon requests from the Commissioner for Human Rights, examines for compliance with the Constitution of the Republic normative legal acts affecting the rights and freedoms of man and citizen enshrined in the Constitution.

Article 73

1. In the event of an appeal to the Constitutional Court on the issues specified in subparagraph 1) of paragraph 1 of Article 72 of the Constitution, the assumption of office of the President, the registration of elected deputies of Parliament or the summing up of the results of the republican referendum are suspended.

2. In the event of an appeal to the Constitutional Court on the issues specified in subparagraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution, the deadline for signing or ratifying the relevant acts is suspended.

3. The Constitutional Court makes its decision within the time limits established by constitutional law.

4. Excluded by the Law of the Republic of Kazakhstan dated March 10.03.2017, 51 No. XNUMX-VI.

Article 74

1. Laws and international treaties recognized as inconsistent with the Constitution of the Republic of Kazakhstan cannot be signed or, accordingly, ratified and put into effect.

2. Laws and other legal acts, their individual provisions, recognized as unconstitutional, including those that infringe upon the rights and freedoms of man and citizen enshrined in the Constitution, are repealed and are not subject to application from the day the Constitutional Court makes a decision or from the date established by it.

3. Decisions of the Constitutional Court come into force from the date of their adoption, are generally binding throughout the territory of the Republic, are final and are not subject to appeal.

Section VII Courts and justice. Prosecutor's office. Commissioner for Human Rights

Article 75

1. Justice in the Republic of Kazakhstan is administered only by the court.

2. 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 carried out with the participation of jurors.

3. The courts of the Republic are the Supreme Court of the Republic, local and other courts of the Republic established by law.

4. The judicial system of the Republic is established by the Constitution of the Republic and constitutional law. The establishment of special and emergency courts under any name is not permitted.

Article 76

1. Judicial power is exercised on behalf of the Republic of Kazakhstan and has as its purpose the protection of the rights, freedoms and legitimate interests of citizens and organizations, ensuring the implementation of the Constitution, laws, other normative legal acts, and international treaties of the Republic.

2. 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.

3. Decisions, sentences and other decrees of courts are binding throughout the entire territory of the Republic.

Article 77

1. When administering justice, a judge is independent and is subject only to the Constitution and the law.

2. 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.

3. When applying the law, a judge must be guided by the following principles:

1) a person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force;

2) no one can be repeatedly subjected to criminal or administrative liability for the same offense;

3) no one can have the jurisdiction provided for him by law changed without his consent;

4) in court, everyone has the right to be heard;

5) laws establishing or increasing responsibility, imposing new duties on citizens or worsening their situation do not have retroactive effect. If, after the commission of an offense, liability for it is canceled or mitigated by law, a new law is applied;

6) the accused is not obliged to prove his innocence;

7) no one is obliged to testify against himself, his spouse and close relatives, the circle of whom is determined by law. Clergymen are not obliged to testify against those who have trusted them in confession;

8) any doubts about a person’s guilt are interpreted in favor of the accused;

9) evidence obtained illegally has no legal force. No one can be convicted solely on the basis of his own confession;

10) application of criminal law by analogy is not allowed.

4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.

Article 78

Courts do not have the right to apply laws and other normative legal acts that infringe upon the rights and freedoms of man and citizen enshrined in the Constitution. If the court finds that a law or other normative legal act to be applied infringes on the rights and freedoms of man and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court with a proposal to recognize this act as unconstitutional.

Article 79

1. The courts are composed of permanent judges, whose independence is protected by the Constitution and law. The powers of a judge may be terminated or suspended solely on the grounds established by law.

2. A judge cannot be arrested, subjected to arrest, administrative penalties imposed in court, or brought to criminal liability 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 arrest in flagrante delicto or the commission of serious crimes.

3. The requirements for judges of the courts of the Republic are determined by constitutional law.

4. The position of a judge is incompatible with a deputy mandate, with holding a paid position other than teaching, scientific or other creative activities, with carrying out entrepreneurial activities, or with joining the governing body or supervisory board of a commercial organization.

Article 80

Financing of courts and provision of housing for judges is carried out at the expense of the republican budget and must 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 within the jurisdiction of local and other courts; in cases provided for by law, it considers court cases within its jurisdiction and provides clarifications on issues of judicial practice.

Article 82

1. 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.

2. Chairmen and judges of local and other courts are appointed to positions by the President of the Republic on the recommendation of the Supreme Judicial Council.

3. Judicial collegiums may be created in courts in accordance with constitutional law. The procedure for granting powers to chairmen of judicial panels is determined by constitutional law.

4. The Chairman of the Supreme Judicial Council is appointed by the President of the Republic with the consent of the Senate of the Parliament.

5. The status, procedure for forming the composition and organization of the work of the Supreme Judicial Council are determined by law.

Article 83

1. The prosecutor's office, on behalf of the state, exercises, within the limits and forms established by law, the highest supervision over compliance with the rule of law on the territory of the Republic of Kazakhstan, represents the interests of the state in court and carries out criminal prosecution on behalf of the state.

2. The Prosecutor's Office of the Republic constitutes a single centralized system with the subordination of subordinate prosecutors to higher ones and to the Prosecutor General of the Republic. It exercises its powers independently of other government bodies and officials and is accountable only to the President of the Republic.

3. During his term of office, the Prosecutor General of the Republic cannot be arrested, subjected to arrest, administrative penalties imposed by a court, or prosecuted without the consent of the Senate, except in cases of arrest in flagrante delicto or the commission of serious crimes. The term of office of the Prosecutor General is five years.

4. The competence, organization and procedure for the activities of the prosecutor's office of the Republic are determined by constitutional law.

Article 83-1

1. The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the rights and freedoms of humans and citizens.

2. When exercising his powers, the Commissioner for Human Rights is independent and not accountable to government bodies and officials.

3. During his term of office, the Commissioner for Human Rights cannot be arrested, subjected to arrest, administrative penalties imposed by the courts, or brought to criminal liability without the consent of the Senate, except in cases of detention in flagrante delicto or the commission of serious crimes.

4. The legal status and organization of the activities of the Commissioner for Human Rights are determined by constitutional law.

Article 84

Article 84 was excluded by the Law of the Republic of Kazakhstan dated May 21.05.2007, 254 No. XNUMX.

Section VIII Local government and self-government

Article 85

Local government is carried out by local representative and executive bodies, which are responsible for the state of affairs in the relevant territory.

Article 86

1. Local representative bodies - maslikhats express the will of the population of the relevant administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and control their implementation.

2. Maslikhats are elected by the population on the basis of universal, equal, direct suffrage by secret ballot for a period of five years.

3. A citizen of the Republic of Kazakhstan who has reached twenty years of age can be elected as a deputy of the maslikhat. A citizen of the Republic can be a deputy of only one maslikhat.

4. The jurisdiction of maslikhats includes:

1) approval of plans, economic and social programs for the development of the territory, the local budget and reports on their implementation;

2) resolving issues of local administrative-territorial structure within their jurisdiction;

3) consideration of reports of heads of local executive bodies on issues referred by law to the competence of the maslikhat;

4) formation of standing commissions and other working bodies of the maslikhat, hearing reports on their activities, resolving other issues related to the organization of the work of the maslikhat;

5) exercise, in accordance with the legislation of the Republic, other powers to ensure the rights and legitimate interests of citizens.

5. The powers of the maslikhat are terminated early by the President of the Republic after consultations with the Prime Minister and the chairmen of the Chambers of Parliament, as well as if the maslikhat decides to dissolve itself.

6. The competence of maslikhats, the procedure for their organization and activities, the legal status of their deputies are established by law.

Article 87

1. Local executive bodies are included in the unified system of executive bodies of the Republic of Kazakhstan, ensure the implementation of the national policy of the executive branch in combination with the interests and needs of the development of the relevant territory.

2. The jurisdiction of local executive bodies includes:

1) development of plans, economic and social programs for the development of the territory, local budget and ensuring their implementation;

2) management of communal property;

3) appointment and dismissal of heads of local executive bodies, resolution of other issues related to the organization of work of local executive bodies;

4) exercise in the interests of local government administration other powers assigned to local executive bodies by the legislation of the Republic.

3. The local executive body is headed by the akim of the corresponding administrative-territorial unit, who is a representative of the President and the Government of the Republic.

4. Akims of regions, cities of republican significance and the capital are appointed to the position by the President of the Republic with the consent of deputies of maslikhats located in the region, or deputies of maslikhats of cities of republican significance and the capital, respectively.

The President of the Republic proposes at least two candidates for voting. The candidate who receives more votes from maslikhats deputies who took part in the voting is considered to have received consent.

Akims of other administrative-territorial units are appointed or elected to office, and also dismissed from office in the manner determined by law. The President of the Republic has the right, at his discretion, to dismiss akims of regions, cities of republican significance and the capital from their posts.

5. 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 akim 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 akim and raise the issue of his dismissal from office, respectively, before the President of the Republic in relation to the akims of regions, cities of republican significance and the capital, or to a higher akim in relation to the akims of other administrative-territorial units. The powers of akims of regions, cities of republican significance and the capital are terminated upon the assumption of office by the newly elected President of the Republic.

6. The competence of local executive bodies, the organization and procedure for their activities are established by law.

Article 88

1. Maslikhats make decisions on issues within their competence, and akims make decisions and orders that are binding on the territory of the corresponding administrative-territorial unit.

2. Draft decisions of maslikhats, providing for a reduction in local budget revenues or an increase in local budget expenditures, can be submitted for consideration only if there is a positive conclusion from the akim.

3. Decisions of maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be canceled in court.

4. Decisions and orders of akims can be canceled, respectively, by the Government of the Republic of Kazakhstan or a higher akim, as well as in court.

Article 89

1. The Republic of Kazakhstan recognizes local self-government, which ensures that the population independently resolves issues of local importance.

2. Local self-government is exercised by the population directly, as well as through maslikhats and other local government bodies in local communities covering territories where population groups live compactly.

In accordance with the law, local government bodies may be delegated the implementation of state functions.

3. The organization and activities of local self-government in Kazakhstan are regulated by law.

4. The independence of local self-government bodies is guaranteed within the limits of their powers established by law.

Section IX Final and transitional provisions

Article 90

1. The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, comes into force on the day of the official publication of the results of the referendum with the simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.

2. The day of adoption of the Constitution at a republican referendum is declared a public holiday - Constitution Day of the Republic of Kazakhstan.

Article 91

1. Amendments and additions to the Constitution of the Republic of Kazakhstan may be made by a republican referendum, held by decision of the President of the Republic, adopted by him on his own initiative, or at the proposal of the Parliament or the Government. The draft amendments and additions to the Constitution are not submitted to a republican referendum if the President decides to submit it to Parliament for consideration. The decision of Parliament is adopted in this case in the manner prescribed 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, then the Parliament has the right, by a majority of at least four-fifths of the total number of deputies of each Chamber of Parliament, to adopt a law introducing these amendments and additions to the Constitution. In this case, the President of the Republic signs this law or submits it to a republican referendum, which is considered valid if more than half of the citizens of the Republic who have the right to participate in the republican referendum took part in the voting. 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 in at least two-thirds of the regions, cities of republican significance and the capital.

2. The independence of the state established by the Constitution, the unitarity and territorial integrity of the Republic, the form of its government, the fundamental principles of the activities of the Republic, the provisions that the President of the Republic is elected for a term of seven years and the same person cannot be elected President of the Republic more than once, are unchanged.

3. Amendments and additions to the Constitution of the Republic are submitted to a republican referendum or for consideration by the Parliament of the Republic if there is a conclusion of the Constitutional Court on their compliance with the requirements established by paragraph 2 of this article.

Article 92

1. Constitutional laws must be adopted within a year from the date of entry into force of the Constitution. If laws called constitutional in the Constitution, or acts having the force of such, were adopted by the time it came into force, then they are brought into conformity with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.

2. Other laws named in the Constitution must be adopted in the manner and within the time frame determined by Parliament, but no later than two years from the date of entry into force of the Constitution.

3. Decrees of the President of the Republic, issued during the period of exercise of additional powers in accordance with the Law of the Republic of Kazakhstan dated December 10, 1993 “On the 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 repealed only in the manner provided for amending, supplementing or repealing the laws of the Republic. Decrees of the President of the Republic, issued during the period of exercise 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.

4. The legislation of the Republic of Kazakhstan in force at the time of entry into force of the Constitution is applied to the extent that does not contradict it, and within two years from the date of adoption of the Constitution must be brought into conformity with it.

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

1. The President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time the Constitution comes into force, acquires the powers of the President of the Republic of Kazakhstan established by it and exercises them during the period established by the decision adopted at the republican referendum on April 29, 1995. With the consent of the President of the Republic of Kazakhstan, the current term of office of the President of the Republic may be reduced by a resolution of the Parliament of the Republic, adopted at a joint meeting of its Chambers by a majority vote of the total number of deputies of each Chamber. In this case, the Mazhilis of the Parliament calls elections for the President of the Republic of Kazakhstan within one month. The President of the Republic, elected as a result of these elections, takes the oath 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 elections, which must be held after seven years on the first Sunday in December, takes office.

2. The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time the Constitution entered into force, retains his powers until the expiration of the term for which he was elected.

Article 94-1

The provision of paragraph 1 of Article 41 of the Constitution, which determines the term of office of the President of the Republic, applies to the person who will be elected President of the Republic following the results of the presidential elections held in connection with the expiration of the seven-year term of office of the President of the Republic, elected in the elections of December 4, 2005.

Article 94-2

The provision of paragraph 5 of Article 42 of the Constitution applies to persons elected as the President of the Republic following the results of presidential elections held after the entry into force of this norm of the Constitution.

Article 95

1. 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 the manner established by constitutional law.

2. The provisions of the Constitution of the Republic of Kazakhstan on the election of deputies of the Mazhilis of Parliament on the basis of party lists are applied starting from the elections of deputies of the Mazhilis of Parliament of the second convocation.

Article 96

From the date of entry into force of the Constitution, the Cabinet of Ministers of the Republic of Kazakhstan acquires the rights, duties and responsibilities of the Government of the Republic of Kazakhstan established by it.

Article 97

The first composition of the Constitutional Council of the Republic of Kazakhstan is formed as follows: the President of the Republic, the Chairman of the Senate of the Parliament and the Chairman of the Mazhilis of the Parliament each appoint one of the members of the Constitutional Council for a period of three years, and one of the members of the Constitutional Council for a period of six years, the Chairman of the Constitutional Council is appointed by the President Republic for a period of six years.

Article 98

1. The judicial and investigative bodies provided for by the Constitution are formed in the manner and within the time limits provided for by the relevant laws. Until their formation, the existing justice and investigative bodies retain their powers.

2. Judges 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 the manner prescribed by the Constitution.

Article 99

1. Until the formation of the Constitutional Court and the Supreme Chamber of Auditors, the chairmen and members of the Constitutional Council and the Accounts Committee for control over the execution of the republican budget retain their powers.

Until the formation of the Constitutional Court, the functions of the Constitutional Court provided for in paragraphs 1 and 2 of Article 72 of the Constitution are performed by the Constitutional Council.

2. Regulatory decisions of the Constitutional Council are applied to the extent that does not contradict the Constitution, until they are reviewed by the Constitutional Court.

3. The provisions of the Constitution of the Republic of Kazakhstan on the formation of the Chambers of Parliament are applied starting from the elections of deputies of the Mazhilis of the Parliament of the eighth convocation.