Article 21. The rights, duties and responsibilities of a deputy of the Maslikhat in the exercise of his powers under the Law on Local Government and Self-Government in the Republic of Kazakhstan

Home / Laws / Article 21. The rights, duties and responsibilities of a deputy of the Maslikhat in the exercise of his powers under the Law on Local Government and Self-Government in the Republic of Kazakhstan

The footnote. Title as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 101-V (effective after ten calendar days after its first official publication).

1. A deputy has the right:

1) to elect and be elected chairman of the Maslikhat, chairman or member of the standing committee, to other bodies of the Maslikhat;

2) to propose issues for consideration at the session of the Maslikhat and its standing committees and other bodies, to participate in their consideration and decision-making;

3) (excluded)

4) hold meetings and meetings with the voters of their district, as well as with other local government bodies and organizations;

5) to make proposals on hearing reports of officials of the local executive body and organizations located on the territory of the relevant maslikhat on issues within the competence of the maslikhat at the session.;

5-1) provide recommendations and consultations on the preparation of petitions on issues related to the relevant administrative-territorial unit, of which he is a deputy of the maslikhat;

5-2) to monitor the consideration of petitions by state bodies, local representative and executive bodies within the relevant administrative-territorial unit, of which he is a deputy of the maslikhat;

5-3) submit petitions to the Maslikhat session for consideration;

6) to participate in the meetings of the relevant akimat;

7) get acquainted with the transcripts and minutes of meetings of the Maslikhat and its bodies;

8) to create deputy associations in the form of factions and deputy groups;

9) take part in gatherings and meetings of the local community;

10) to announce the appeals of citizens of public importance at the maslikhat session;

11) to nominate candidates, including their own, to the permanent commissions and other bodies of maslikhats being formed;

12) express their opinion on the candidacies of officials who are elected or appointed by the Maslikhat;

13) participate in the debate, ask questions to the speakers, as well as to the chairman of the Maslikhat session and the meeting;

14) to make suggestions and comments on the agenda of the session and meetings of the standing committees and other bodies of maslikhats to which he was elected, as well as on the consideration and substance of the issues discussed by them;

15) submit proposals to the Maslikhat on the need to verify the implementation of the laws of the Republic of Kazakhstan and subordinate regulatory legal acts of the Republic of Kazakhstan by state bodies, public associations and other organizations located on the territory of the relevant administrative-territorial unit;

16) to amend draft acts adopted by the Maslikhat;

17) raise the issue of confidence in the composition of bodies formed, elected or approved by the Maslikhat, as well as officials elected or approved by the Maslikhat;

18) exercise other powers in accordance with this Law, the legislation of the Republic of Kazakhstan and the regulations of the Maslikhat.

2. The deputy is obliged to:

1) participate in the work of the maslikhat and its body, to which he is elected;

2) maintain constant contact with the voters of his district, inform them at least once a year about the work of the maslikhat, the activities of its standing committees and other bodies, about the execution of Maslikhat decisions, consideration of petitions, as well as about the course of his parliamentary activities, participate in the organization and control over the execution of maslikhat decisions;

3) to consider the appeals of voters received by him, to regularly conduct personal reception of citizens;

4) reside in the relevant administrative-territorial unit;

5) study public opinion, needs and requests of citizens, public and other organizations, inform the Maslikhat and its bodies about them, make proposals and take other measures to meet them;

6) inform the chairman of the Maslikhat or the chairman of the standing committee of which he is a member in advance of his inability to attend the meeting.

2-1. Excluded by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023).

3. Every deputy of the Maslikhat is guaranteed protection of his rights, honor and dignity.

A deputy of the maslikhat has the right to freely visit state bodies, public associations and state organizations located on the territory of the relevant maslikhat, with the exception of organizations whose activities are related to state secrets.

The heads and other officials of state bodies, public associations and state organizations are obliged to receive the deputies of the Maslikhat without delay and provide them with the necessary assistance in the exercise of their powers.

A deputy of the Maslikhat has the right, if violations of citizens' rights or other violations of the rule of law are detected, to demand that the violation be stopped, and, if necessary, to contact the relevant authorities and officials with a demand to stop the violation.

4. The following penalties may be imposed on a deputy of the maslikhat for non-fulfillment and (or) improper fulfillment of his duties provided for in paragraph 2 of this Article, as well as violation of the rules of parliamentary ethics established by the Maslikhat regulations:

1) censure;

2) forcing a public apology.

5. Penalties are imposed at a session of the maslikhat by a majority vote of the total number of deputies present on the proposal of the relevant territorial election commission with the publication of information about their imposition in the mass media distributed in the relevant territory.

Penalties may not be imposed repeatedly for the same offense.

The Law of the Republic of Kazakhstan dated January 23, 2001 No. 148.

This Law, in accordance with the Constitution of the Republic of Kazakhstan, regulates public relations in the field of local government and self-government, defines the competence, organization, and order of activity of local representative and executive bodies, as well as the legal status of deputies of maslikhats.

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Republic of Kazakhstan

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