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The Constitution of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

The Constitution of the Republic of Kazakhstan

The Constitution was adopted in a national referendum on March 15, 2026.

 

Note from !      For the procedure of entry into force, see Article 94.

     We, the united people of Kazakhstan,

     strengthening statehood on the native Kazakh land,

     preserving the continuity of the thousand-year history of the Great Steppe,

     Confirming the unitary nature of the State, the inviolability of its borders and territorial integrity,

     following the idea of a Fair Kazakhstan and the principle of Law and Order,

     Declaring strict observance of human and civil rights and freedoms,

     based on the principles of unity and solidarity, interethnic and interfaith harmony,

     focusing on the values of culture and education, science and innovation,

     Recognizing the need to take care of nature,

     Striving for peace and friendship with all countries,

     Aware of the high responsibility to future generations,

     We accept this Constitution, the Basic Law of the Republic of Kazakhstan.

Section I

The foundations of the constitutional order

Article 1

     The Republic of Kazakhstan is a democratic, secular, legal and social state. The highest values of the state are man, his life, rights and freedoms.

 

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

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

     3. The administrative-territorial structure of the Republic of Kazakhstan is determined by the constitutional law.

     4. The capital of the Republic of Kazakhstan is Astana. The status of the capital is determined by the constitutional law.

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

     6. The national currency (monetary unit) of the Republic of Kazakhstan is tenge.

     The Republic of Kazakhstan has the exclusive right to issue tenge.

     7. Sovereignty, independence, unitarity, territorial integrity, and the form of government of the Republic of Kazakhstan are unchanged.

Article 3

     1. The fundamental principles of the Republic of Kazakhstan's activities are: protection of Sovereignty and Independence; observance of human and civil rights and freedoms; ensuring the rule of law and order; strengthening national unity; improving the welfare of the people; promoting the idea of responsible, creative patriotism; developing public dialogue; affirming the values of hard work, progress, knowledge; forming a high ecological culture; preserving historical and cultural heritage.cultural heritage; support for national culture.

     2. The Republic of Kazakhstan recognizes the development of human capital, education, science, and innovation as a strategic area of government activity.

Article 4

     1. The people of Kazakhstan are the only source of state power and bearer of Sovereignty.

     2. The people exercise power directly through a national referendum and free elections, and delegate the exercise of their power to State bodies.

     3. No one may appropriate power in the Republic of Kazakhstan. The appropriation of power is prosecuted by law. The right to speak on behalf of the people and the state belongs to the President of the Republic of Kazakhstan, as well as to the Kurultai of the Republic of Kazakhstan within the limits of his constitutional powers. The Government of the Republic of Kazakhstan and other state bodies act on behalf of the State within the limits of their delegated powers.

     4. State power in the Republic of Kazakhstan is unified and is carried out on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive, judicial branches and their interaction.

Article 5

     1. The current law of the Republic of Kazakhstan is the norms of the Constitution, relevant laws, regulatory rulings of the Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, other regulatory legal acts, and international contractual obligations of the Republic of Kazakhstan.

     2. The Constitution has the highest legal force and direct effect on the entire territory of the Republic of Kazakhstan.

     3. The procedure for the operation of international treaties on the territory of the Republic of Kazakhstan is determined by laws.

     4. All laws and international treaties ratified by the Republic of Kazakhstan are published. The official publication of normative legal acts concerning the rights, freedoms and duties of citizens is a prerequisite for their application.

     5. Laws that impose new responsibilities on citizens or worsen their situation are not retroactive.

     Laws that establish or strengthen liability are not retroactive.

     In case of cancellation or mitigation of responsibility for a previously committed offense by the new law, the new law is applied.

     6. In order to accelerate the economic development of certain regions of the Republic of Kazakhstan, in accordance with the constitutional laws, a special legal regime in the financial sector or a special legal regime "cities of accelerated development" may be established. These special legal regimes may provide for the specifics of public administration and the functioning of the judicial system.

Article 6

     1. Ideological and political diversity is recognized in the Republic of Kazakhstan.

     2. Public associations are equal before the law. Illegal interference of the State in the affairs of public associations and public associations in the affairs of the State, as well as the assignment of functions of state bodies to public associations, are not allowed. The establishment of organizations of political parties in State bodies is not allowed.

     3. The creation and activity of public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order, violating the integrity of the Republic of Kazakhstan, public order, undermining national security, inciting war, social, racial, national, religious discord, as well as the creation of paramilitary groups not provided for by law are prohibited.

     4. The activities of political parties and trade unions of other States, religious-based political parties, as well as the financing of political parties and trade unions by foreign legal entities, foreign citizens and stateless persons, legal entities with foreign participation, foreign States and international organizations are prohibited.

     5. Information on the cash flow and assets of non-profit organizations received from foreign states, international and foreign legal entities, foreign citizens and stateless persons should be open and accessible in accordance with the laws of the Republic of Kazakhstan.

Article 7

     1. Religion is separate from the state.

     2. The activities of religious organizations in Kazakhstan are carried out in accordance with the law and may be restricted in order to protect the foundations of the constitutional order, human and civil rights and freedoms, ensure national security, protect public order, public health and public morals.

Article 8

     1. In the Republic of Kazakhstan, property of all forms is recognized, guaranteed and equally protected.

     2. The use of property must meet the interests of society and the state, be carried out in compliance with established requirements in the field of environmental protection and must not infringe on the rights and interests of others protected by law. The subjects and objects of ownership, the scope and limits of the exercise of their rights by the owners, and the guarantees of their protection are determined by law.

     3. The earth and its subsoil, waters, flora and fauna, and other natural resources belong to the people. The State exercises the right of ownership on behalf of the people. Land may also be privately owned on the grounds, conditions and within the limits established by law.

Article 9

     1. The official language of the Republic of Kazakhstan is the Kazakh language.

     2. In addition to Kazakh, Russian is officially used in government organizations and local governments.

     3. The State takes care of creating conditions for the study and development of the languages of the united people of Kazakhstan.

Article 10

     The Republic of Kazakhstan respects the principles and norms of international law, pursues a foreign policy of peace and cooperation with interested States, non-interference in their internal affairs, and peaceful resolution of international disputes.

Article 11

     The Republic of Kazakhstan has state symbols – the National Flag, the National Emblem, the National Anthem. Their description and the procedure for their use are established by the constitutional law.

Section II

Fundamental rights, freedoms and duties

Article 12

     1. Everyone has the right to have their legal personality recognized.

     Everyone has the right to defend their 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. The Republic of Kazakhstan recognizes the right to receive qualified legal assistance in accordance with the law.

Article 13

     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 of Kazakhstan may not be deprived of his citizenship, the right to change his citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for committing terrorist crimes, as well as for causing other serious harm to the national interests of the Republic of Kazakhstan.

3. A citizen of the Republic of Kazakhstan may not have dual or multiple citizenship. The presence of another citizenship is the basis for termination of citizenship of the Republic of Kazakhstan. The provisions provided for by law apply to minor children who have acquired citizenship of a foreign State by virtue of their birth.

Article 14

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

     2. The Republic of Kazakhstan guarantees its citizens protection outside its borders in accordance with the law.

Article 15

     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 inalienable and inalienable, and determine the content and application of the current law of the Republic of Kazakhstan.

     3. A citizen of the Republic of Kazakhstan has rights and duties by virtue of his citizenship.

     4. Foreign citizens and stateless persons enjoy the rights and freedoms, as well as bear the duties established for citizens of the Republic of Kazakhstan, in cases stipulated by the Constitution, laws and international treaties.

     5. The exercise of human and civil rights and freedoms should not violate the rights and restrict the freedoms of others, encroach on the foundations of the constitutional order, public order, the health of citizens and the morality of society.

     6. Everyone has the right to compensation by the State for harm caused by illegal actions of state bodies or their officials.

Article 16

     1. Everyone is equal before the law and the courts.

     2. Citizens of the Republic of Kazakhstan, foreign citizens and stateless persons residing or temporarily staying in the territory of the Republic of Kazakhstan may not be discriminated against on the grounds of origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.

Article 17

     1. The right to life is an inalienable and inalienable right of every human being.

     2. No one has the right to arbitrarily take a person's life.

     3. The death penalty is prohibited.

Article 18

     1. Everyone is guaranteed the right to personal freedom and inviolability.

     2. Without a court decision, a person cannot be detained beyond the time limits prescribed by law.

     Detention is allowed only by judicial decision with the right to appeal.

     3. At the time of detention, the grounds for restriction of freedom and their rights are explained to each person.

     4. A detainee, suspect, or accused has the right to use the assistance of a lawyer (defender) from the moment of detention, recognition as a suspect, or arraignment, respectively.

Article 19

     1. A person is considered innocent of committing a criminal offense until his guilt is recognized by a court verdict that has entered into legal force.

     2. No one is obliged to testify against himself, his spouse, or close relatives, whose circle is determined by law.

     Clergymen are not required to testify against those who confided in them in confession.

     3. The repeated bringing of a person to criminal or administrative responsibility for the same offense is prohibited.

Article 20

     1. Human honor and dignity are inviolable and protected by law.

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

Article 21

     1. The right to privacy, personal and family secrets, and protection of personal data from illegal collection, processing, storage, and use, including through the use of digital technologies, is guaranteed by law.

     2. The secrecy of banking transactions, personal deposits and savings, correspondence, telephone conversations, postal and other messages transmitted by means of communication, including using digital technologies, is protected by law. Limitation of this right is allowed only in cases and in accordance with the procedure established by law.

     3. State bodies, public associations, officials and the mass media are obliged to provide everyone with the opportunity to familiarize themselves with documents, decisions and sources of information affecting their rights and interests.

Article 22

     1. Everyone has the right to determine whether or not to indicate their nationality.

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

Article 23

     1. Freedom of speech, scientific, technical, and artistic creativity is guaranteed.

     2. Intellectual property is protected by law.

     3. The right to freely receive and disseminate information, with the exception of State secrets, is exercised by any means not prohibited by law. The list of information constituting the state secrets of the Republic of Kazakhstan is determined by law.

     4. Freedom of speech and freedom of dissemination of information must not infringe on the honor and dignity of others, the health of citizens and the morality of society, or violate public order.

     5. Censorship is prohibited.

     6. Propaganda of violent change of the foundations of the constitutional order, encroachment on the territorial integrity, sovereignty and Independence of the Republic of Kazakhstan, violation of public order, undermining national security, war, armed conflicts, social, racial, national, ethnic, religious superiority or discord, cult of cruelty and violence, as well as calls for such actions are prohibited..

Article 24

     1. Every person who is legally located on the territory of the Republic of Kazakhstan has the right to freely move around its territory and freely choose their place of residence, except in cases established by law.

     2. Everyone has the right to travel outside the Republic of Kazakhstan. Limitation of this right is allowed in cases and in accordance with the procedure established by law. Citizens of the Republic of Kazakhstan have the right to freely return to the Republic of Kazakhstan.

Article 25

     1. Everyone has the right to freedom of conscience.

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

Article 26

     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 of Kazakhstan, employees and employees of law enforcement and special state bodies, military personnel are not entitled to be members of a political party, a professional union, to speak in support or with condemnation of any political party or socio-political movement.

Article 27

     1. Everyone has the right to work and to freely choose their occupation and profession. Forced labor is allowed on the basis of a judicial act declaring a person guilty of committing a criminal or administrative offense, or in a state of emergency or martial law.

     2. The Republic of Kazakhstan guarantees the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, as well as to social protection in accordance with the law.

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

     4. The right to rest, working hours, weekends and holidays, and paid leave are guaranteed by law.

Article 28

     1. The dwelling is inviolable. The deprivation of housing and eviction from it are not allowed, except by court decision. Entry into a dwelling, its inspection and search are allowed in cases and in accordance with the procedure established by law.

     2. Conditions are being created in the Republic of Kazakhstan to provide its citizens with housing. The categories of citizens in need of housing specified in the law are provided in accordance with the norms established by law.

Article 29

     1. Citizens of the Republic of Kazakhstan have the right to private ownership of any legally acquired property.

     2. Property and the right of inheritance are guaranteed by law.

     3. No one may be deprived of his property except by a court decision. The compulsory alienation of property for State needs is allowed in exceptional cases provided for by law, subject to its equivalent compensation.

     4. The Republic of Kazakhstan guarantees the right to freedom of entrepreneurial activity, the free use of its property for any legitimate entrepreneurial activity. Monopolistic activity is regulated or restricted by law. Unfair competition is prohibited.

Article 30

     1. Marriage and family, motherhood, fatherhood and childhood are protected by the State.

     2. Marriage is a voluntary and equal union of a man and a woman, registered by the State in accordance with the law.

     3. Taking care of children and their upbringing is the natural right and duty of parents.

     4. Adult able-bodied children are required to take care of disabled parents.

Article 31

     1. A citizen of the Republic of Kazakhstan is guaranteed a minimum wage and pension, social security for age, illness, disability, loss of breadwinner and for other legitimate reasons.

     2. Voluntary social insurance, the creation of other forms of social security, volunteer activities and charity are encouraged in the Republic of Kazakhstan.

Article 32

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

     2. Citizens of the Republic of Kazakhstan have the right to receive unpaid medical care prescribed by law.

     3. Receiving paid medical care in public and private medical institutions, as well as from persons engaged in private medical practice, is carried out on the grounds and in accordance with the procedure established by law.

Article 33

     1. Citizens of the Republic of Kazakhstan are guaranteed to receive secondary education in state educational institutions that they do not pay for. Primary and basic secondary education is mandatory.

     2. A citizen of the Republic of Kazakhstan has the right to receive higher education in higher educational institutions in accordance with the law.

     3. Paid education in private educational institutions is provided on the grounds and in accordance with the procedure established by law.

     4. The State establishes generally binding standards of education. The activities of all educational institutions must comply with these standards.

     5. The system of education and upbringing in educational organizations in the territory of the Republic of Kazakhstan is secular in nature, with the exception of spiritual (religious) educational organizations.

Article 34

     Citizens of the Republic of Kazakhstan have the right to peaceful assembly. The exercise of this right may be restricted by law in order to protect the foundations of the constitutional order, human and civil rights and freedoms, ensure national security, protect public order, public health and public morals.

Article 35

     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 and local government bodies.

     2. Citizens of the Republic of Kazakhstan have the right to elect and be elected to state and local government bodies, as well as to participate in national referendums. The procedure for holding a national referendum is determined by the constitutional law.

     3. Citizens of the Republic of Kazakhstan whose incapacity has been recognized by a court, as well as citizens of the Republic of Kazakhstan held in places of imprisonment by a court verdict, are not entitled to vote or participate in national referendums.

     Citizens of the Republic of Kazakhstan whose incapacity has been recognized by a court, citizens of the Republic of Kazakhstan who have a criminal record that has not been expunged or removed in accordance with the procedure established by law, as well as citizens of the Republic of Kazakhstan whose guilt in committing a corruption crime or a corruption offense has been recognized by a court in accordance with the procedure established by law, are not eligible to be elected.

     4. Citizens of the Republic of Kazakhstan have an equal right to access public service. The requirements for a candidate for a civil servant position are only official duties in accordance with the law.

Article 36

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

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

Article 37

     1. Citizens of the Republic of Kazakhstan are obliged to preserve nature and take care of natural resources.

     2. The State aims to protect the environment favorable for human life and health.

     3. Concealment by officials of facts and circumstances threatening the life and health of people, the environment, entails liability in accordance with the law.

Article 38

     The payment of legally established taxes, fees and other mandatory payments is the duty and obligation of every person.

Article 39

     1. The protection of the Republic of Kazakhstan is the sacred duty and duty of every citizen of it.

     2. Citizens of the Republic of Kazakhstan shall perform military service in accordance with the procedure and types established by law.

Article 40

     Citizens of the Republic of Kazakhstan are obliged to take care of the preservation of historical and cultural heritage, to take care of historical and cultural monuments.

Article 41

     1. Human and civil rights and freedoms may be restricted only by laws and only to the extent necessary to protect the foundations of the constitutional order, human and civil rights and freedoms, national security, public order, public health and public morals.

     2. Actions capable of violating interethnic and interfaith harmony are considered unconstitutional.

     3. It is not allowed to restrict the rights and freedoms of citizens for political reasons. In no case are the rights and freedoms provided for in articles subject to restriction. 12, 14, 16, 17, 20, 22, 25 The Constitution of the Republic of Kazakhstan.

Section III

President

Article 42

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

     2. The President of the Republic of Kazakhstan 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 of the Republic of Kazakhstan.

     3. The President of the Republic of Kazakhstan ensures the coordinated and unhindered functioning of all branches of government, and the responsibility of government bodies to the united people of Kazakhstan.

Article 43

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

     In accordance with the Constitution, the same person may not be elected President of the Republic of Kazakhstan more than once.

     2. A citizen of the Republic of Kazakhstan by birth, at least forty years old, fluent in the state language, who has lived in Kazakhstan for the last fifteen years, has a higher education, and has at least five years of experience in public service or in elected government positions, may be elected President of the Republic of Kazakhstan.

     3. Regular elections of the President of the Republic of Kazakhstan are held no later than two months before the end of his term of office and may not coincide with the election of a new composition of the Kurultai of the Republic of Kazakhstan.

     4. A candidate who receives more than fifty percent of the votes cast by the voters who took part in the voting is considered elected. If none of the candidates has received more than fifty percent of the votes, a repeat vote is held, in which the two candidates with the most votes participate. The candidate who receives the most votes of the voters who took part in the voting is considered elected.

     5. The provisions of paragraph 1 of this article shall remain unchanged.

Article 44

     1. The President of the Republic of Kazakhstan takes office from the moment of taking the following oath to the people: "I solemnly swear to faithfully serve the people of Kazakhstan, strictly follow the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens of the Republic of Kazakhstan, faithfully fulfill the high duties assigned to me by the President of the Republic of Kazakhstan."

     2. The oath is taken within one month from the date of publication of the election results in the presence of deputies of the Kurultai, judges of the Constitutional Court, the Supreme Court, former Presidents of the Republic of Kazakhstan, as well as representatives of the public and invited foreign citizens. In the case provided for in article 51 of the Constitution, a person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath of office within seven days from the date of early dismissal from office due to voluntary retirement, sustained inability to perform his duties for health reasons or the removal of the President of the Republic of Kazakhstan from office, or from the date of his death.

     3. The powers of the President of the Republic of Kazakhstan shall terminate upon the assumption of office of the newly elected President of the Republic of Kazakhstan, as well as in the event of early dismissal from office due to voluntary retirement, sustained inability to carry out his duties for health reasons, or the removal of the President of the Republic of Kazakhstan from office, or in the event of his death. All former Presidents of the Republic of Kazakhstan, except those who have been removed from office, have the title of ex-President of the Republic of Kazakhstan.

Article 45

     1. During the term of office, the President of the Republic of Kazakhstan may not be elected as a deputy of a representative body, hold other paid positions, engage in business activities, or be a member of a political party.

     2. Close relatives of the President of the Republic of Kazakhstan are not entitled to hold positions of political civil servants, heads of quasi-public sector entities.

Article 46

     President of the Republic of Kazakhstan:

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

     2) with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints the Vice-President of the Republic of Kazakhstan; dismisses the Vice-President from office, determines his powers.

     The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in case of repeated refusal to consent to the appointment to the post of Vice-President, except for the cases provided for in paragraph 3 of Article 62 of the Constitution.;

     3) appoints regular and early elections to the Kurultai of the Republic of Kazakhstan; convenes the first session of the Kurultai and takes the oath of its deputies to the people of Kazakhstan; convenes an extraordinary session of the Kurultai; signs the law submitted by the Kurultai within one month, promulgates the law or returns the law or its individual articles for reconsideration and voting;

     4) after consultations with the factions of the political parties represented in the Kurultai, submits to the Kurultai for approval the candidacy of the Prime Minister of the Republic of Kazakhstan; with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints the Prime Minister; dismisses the Prime Minister; determines upon the proposal of the Prime Minister structure of the Government; appoints members of the Government on the proposal of the Prime Minister, submitted after consultations with the Kurultai.; Independently appoints Ministers of Foreign Affairs, Defense, and Internal Affairs; dismisses members of the Government; takes the oath of office of members of the Government; and chairs Government meetings on particularly important issues.

     The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in case of repeated refusal to consent to the appointment of the Prime Minister, except for the cases provided for in paragraph 3 of Article 62 of the Constitution.;

     5) appoints and dismisses the Chairman of the Constitutional Court, the Chairman of the Supreme Court, the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Central Election Commission, the Chairman of the Supreme Audit Chamber, the Chairman of the Supreme Judicial Council, the Head of the State Security Service of the Republic of Kazakhstan, the Commissioner for Human Rights in the Republic of Kazakhstan;

     6) form, abolish and reorganize state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, appoint and dismiss their heads;

     7) appoints and recalls the heads of diplomatic missions of the Republic of Kazakhstan;

     8) with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints ten judges of the Constitutional Court for a term of eight years, six members of the Central Election Commission for a term of five years, eight members of the Supreme Audit Chamber for a term of five years; dismisses them from their posts.

     The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in case of repeated refusal to consent to the appointment of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber, except for the cases provided for in paragraph 3 of Article 62 of the Constitution.;

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

     10) decides on holding a national referendum;

     11) in the interests of protecting the rights and freedoms of man and citizen of the Republic of Kazakhstan, ensuring national security, Sovereignty and integrity of the state, send an appeal to the Constitutional Court to review a law or other legal act that has entered into force for compliance with the Constitution, to give an opinion in the case provided for in Article 93 of the Constitution;

     12) conducts negotiations and signs international treaties on behalf of the Republic of Kazakhstan; signs instruments of ratification; accepts credentials and letters of recall from heads of diplomatic missions accredited in the Republic of Kazakhstan of foreign states, as well as heads of international organizations;

     13) establishes state awards and honorary titles;

     14) awards state awards, confers honorary titles, higher military and other ranks, class ranks, diplomatic ranks, qualification classes;

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

     16) grants pardons;

     17) if the independence and territorial integrity, internal political stability of the Republic of Kazakhstan, and the security of its citizens are under immediate threat, which has disrupted the functioning of state constitutional bodies, after official consultations with the Prime Minister and Chairman of the Kurultai of the Republic of Kazakhstan, take measures dictated by the above circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in certain areas thereof regulations on the use of the Armed Forces of the Republic of Kazakhstan;

     18) in the event of aggression against the Republic of Kazakhstan or an immediate external threat to its security, martial law is imposed on the entire territory of the Republic of Kazakhstan or in its individual localities, partial or general mobilization is announced, and the Kurultai of the Republic of Kazakhstan is immediately informed about it.;

     19) forms a subordinate State Security Service;

     20) forms the Administration of the President of the Republic of Kazakhstan;

     21) form the Security Council, other consultative and advisory bodies, as well as the Supreme Judicial Council;

     22) exercise other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.

Article 47

     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 of Kazakhstan.

     2. The President of the Republic of Kazakhstan, during the temporary absence of the Kurultai caused by the early termination of his powers, issues decrees having the force of constitutional laws or laws of the Republic of Kazakhstan.

     3. Prior to their signing by the President of the Republic of Kazakhstan, laws are pre-signed by the Chairman of the Kurultai and the Prime Minister, who are responsible for their compliance with the Constitution and laws.

     Acts of the President of the Republic of Kazakhstan, issued on the initiative of the Government, are pre-signed by the Prime Minister, who is responsible for their compliance with the Constitution and laws.

Article 48

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

     The President of the Republic of Kazakhstan is not criminally or administratively liable for actions committed in the exercise of his presidential powers, with the exception of committing high treason.

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

     3. The provisions of this Article shall apply to the ex-Presidents of the Republic of Kazakhstan.

Article 49

     1. The Vice-President of the Republic of Kazakhstan is appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai of the Republic of Kazakhstan, expressed by a majority vote of the total number of its deputies.

     2. During the exercise of his powers, the Vice-President may not be elected as a deputy of a representative body, hold other paid positions, engage in business activities, or be a member of a political party.

     3. The Vice-President, on behalf of the President of the Republic of Kazakhstan, represents him in interaction with the Kurultai, the Government and other state bodies, and also exercises other powers determined by the President.

Article 50

     1. The President of the Republic of Kazakhstan has the right to resign voluntarily by submitting an application to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court certifies that the President of the Republic of Kazakhstan has personally and voluntarily submitted his resignation. From the moment the Constitutional Court issues an opinion, the President of the Republic of Kazakhstan is considered to have been dismissed from office due to his voluntary resignation.

     2. The President of the Republic of Kazakhstan may be prematurely dismissed from office if he is permanently unable to carry out his duties for health reasons. In this case, the Kurultai forms a commission consisting of deputies and specialists in the relevant fields of medicine. The decision on early release is made at a meeting of the Kurultai by a majority of at least three-quarters of the total number of deputies based on the conclusion of the commission and the conclusion of the Constitutional Court on compliance with the established constitutional procedures.

3. The President of the Republic of Kazakhstan is responsible for actions committed in the exercise of his powers only in the event of high treason and may be dismissed from office for this by the Kurultai. The initiative to charge the President of the Republic of Kazakhstan with high treason and its investigation is put forward by at least one third of the total number of deputies of the Kurultai. The decision on this issue is made by a majority vote of the total number of deputies of the Kurultai. The investigation of the charge is organized by the Kurultai and its results are submitted by a majority vote of the total number of deputies of the Kurultai to the session of the Kurultai. The final decision on this issue is made at a meeting of the Kurultai by a majority of at least three-quarters of the total number of deputies, provided there is an opinion of the Supreme Court on the validity of the charges and an opinion of the Constitutional Court on compliance with established constitutional procedures. Failure to make a final decision within two months from the date of the indictment entails the recognition of the charges against the President of the Republic of Kazakhstan rejected. The rejection of the accusation of the President of the Republic of Kazakhstan of committing high treason at any stage entails the early termination of the powers of the deputies of the Kurultai who initiated the consideration of this issue.

     4. The issue of the dismissal of the President of the Republic of Kazakhstan from office may not be raised during the period of his consideration of the issue of early termination of the powers of the Kurultai.

Article 51

     1. In case of early dismissal from office of the President of the Republic of Kazakhstan due to voluntary resignation, sustained inability to perform his duties for health reasons or dismissal of the President of the Republic of Kazakhstan from office, as well as in case of his death, the powers of the President of the Republic of Kazakhstan shall pass to the Vice-President; if the Vice-President is unable to do so for health reasons or other reasons to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan are transferred to the Chairman of the Kurultai.; If the Chairman of the Kurultai is unable to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan shall pass to the Prime Minister.

     A person who decides to refuse to assume the powers of the President of the Republic of Kazakhstan submits an application for refusal to assume the powers of the President of the Republic of Kazakhstan to the Constitutional Court. The Constitutional Court certifies that this person has personally and voluntarily submitted an application for refusal to assume the powers of the President of the Republic of Kazakhstan, and gives an opinion.

     The person who assumed the powers of the President of the Republic of Kazakhstan resigns the powers of the Vice-President, Chairman of the Kurultai, and Prime Minister, respectively. In this case, vacant government positions are filled in accordance with the procedure provided for by the Constitution.

     2. Within seven days from the date of early dismissal from office of the President of the Republic of Kazakhstan due to voluntary resignation, sustained inability to perform his duties for health reasons or the removal of the President of the Republic of Kazakhstan from office, or from the date of his death, the Kurultai announces the holding of presidential elections in the Republic of Kazakhstan. Elections are held within two months from the date of the adoption of the relevant decision by the Kurultai.

     3. A person who has assumed the powers of the President of the Republic of Kazakhstan in accordance with paragraph 1 of this Article shall not have the right to initiate amendments and additions to the Constitution, as well as to dissolve the Kurultai.

Section IV

Kurultai

Article 52

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

     2. The powers of the Kurultai begin from the moment of the opening of its first session and end with the beginning of the work of the first session of the new convocation of the Kurultai.

     3. The powers of the Kurultai may be terminated prematurely in the cases and in accordance with the procedure provided for by the Constitution.

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

Article 53

     1. The Kurultai consists of one hundred and forty-five deputies, elected in accordance with the procedure established by the constitutional law, according to the system of proportional representation in the territory of a single national electoral district.

     2. The term of office of the deputies of the Kurultai is five years.

Article 54

     1. Deputies of the Kurultai are elected on the basis of universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Kurultai are held no later than two months before the end of the term of office of the current convocation of the Kurultai.

     2. Early elections of deputies of the Kurultai are held within two months from the date of early termination of the powers of the Kurultai.

     3. A deputy of the Kurultai may be a person who has reached the age of twenty-five, is a citizen of the Republic of Kazakhstan and has been permanently residing in its territory for the last ten years.

     4. Elections of deputies of the Kurultai are regulated by the constitutional law.

     5. Deputies of the Kurultai take the oath to the people of Kazakhstan.

Article 55

     1. The deputies of the Kurultai are obliged to take part in its work. Voting in the Kurultai is carried out by the deputy personally. The absence of a deputy without valid reasons at meetings of the Kurultai and its bodies more than three times, as well as the transfer of voting rights, entails the application of penalties established by law to the deputy.

     2. A deputy of the Kurultai may not be a deputy of another representative body, hold other paid positions other than teaching, scientific, creative activities, carry out entrepreneurial activities, or be a member of the governing body or supervisory board of a commercial organization. Violation of these requirements entails termination of the deputy's powers.

     3. During his term of office, a deputy of the Kurultai may not be detained, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to a court order, administrative penalty imposed by a court, or brought to criminal responsibility without the consent of the Kurultai.

     4. The powers of a deputy of the Kurultai shall be terminated in cases of resignation, death, recognition of a deputy as legally incompetent, deceased or missing by a court decision that has entered into force, and in other cases provided for by the Constitution and constitutional law.

     A deputy of the Kurultai is deprived of his mandate when:

     1) departure for permanent residence outside Kazakhstan;

     2) entry into legal force in respect of his conviction by the court;

     3) termination of citizenship of the Republic of Kazakhstan;

     4) withdrawal or exclusion from the political party from which he was elected;

     5) termination of the activities of the political party from which he was elected.

     The powers of the deputies of the Kurultai are terminated in the event of the dissolution of the Kurultai.

     5. The Central Election Commission of the Republic of Kazakhstan is responsible for preparing issues related to the application of penalties to deputies, their compliance with the requirements of paragraph 2 of this Article, the rules of parliamentary ethics, as well as the termination of deputies' powers, deprivation of their powers and parliamentary immunity.

Article 56

     Kurultai:

     1) adopts constitutional laws and laws;

     2) conducts repeated discussion and voting on laws or articles of the law that have raised objections from the President of the Republic of Kazakhstan, within one month from the date of sending objections. Failure to comply with this deadline means accepting the President's objections. If the Kurultai, in accordance with constitutional laws or articles of the constitutional law, by a three-quarters majority of the total number of deputies, and by a two-thirds majority of the total number of deputies in accordance with laws or articles of the law, overcomes the objections of the President, the President shall sign the constitutional law or the law within one month. If the President's objections are not overcome, the constitutional law or the law is considered to have been rejected or adopted in the wording proposed by the President.;

     3) resolves issues of war and peace;

     4) adopt, on the proposal of the President of the Republic of Kazakhstan, a decision on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations to maintain peace and security;

     5) announces the election of the President of the Republic of Kazakhstan;

     6) puts forward an initiative to call a national referendum;

     7) by a majority vote of the total number of deputies of the Kurultai gives consent to the President of the Republic of Kazakhstan to appoint the Vice-President of the Republic of Kazakhstan.;

     8) by a majority vote of the total number of deputies of the Kurultai gives consent to the President of the Republic of Kazakhstan to appoint the Prime Minister of the Republic of Kazakhstan;

     9) by a majority vote of the total number of deputies of the Kurultai agrees to the appointment by the President of the Republic of Kazakhstan of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber;

     10) elects and dismisses judges of the Supreme Court of the Republic of Kazakhstan on the proposal of the President of the Republic of Kazakhstan, and takes their oath of office;

     11) deprives judges of the Constitutional Court and judges of the Supreme Court of their immunity;

     12) terminates the powers of a deputy of the Kurultai, and also, upon the recommendation of the Prosecutor General of the Republic of Kazakhstan, resolves issues of depriving a deputy of the Kurultai of his immunity.;

     13) on the initiative of at least one fifth of the total number of deputies of the Kurultai, it has the right, by a majority vote of the total number of deputies of the Kurultai, to express a vote of no confidence in the Government.;

     14) hears the annual messages of the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;

15) hears twice a year the report of the Chairman of the Supreme Audit Chamber;

     16) discusses and approves the reports of the Government and the Supreme Audit Chamber on the execution of the republican budget. Failure by the Kurultai to approve the Government's report on the execution of the republican budget means that the Kurultai expresses a vote of no confidence in the Government.;

     17) has the right, on the initiative of at least one third of the total number of deputies of the Kurultai, to hear reports from members of the Government of the Republic of Kazakhstan on their activities. Based on the results of hearing the report, the Kurultai may, by a majority of at least two thirds of the total number of deputies, decide to appeal to the President of the Republic of Kazakhstan to dismiss a member of the Government in case of non-compliance with the laws of the Republic of Kazakhstan. In this case, the President of the Republic of Kazakhstan shall dismiss a member of the Government.;

     18) holds hearings on matters within its competence;

     19) adopt the rules of its activities and other decisions on issues related to the organization and internal regulations of the Kurultai;

     20) forms the coordinating and working bodies of the Kurultai;

     21) forms the commissions of the Kurultai, elects and dismisses the chairmen, hears reports on the activities of the commissions;

     22) exercise other powers assigned to the Kurultai by the Constitution.

Article 57

     1. The Kurultai is headed by the Chairman, who is elected from among the deputies who are fluent in the state language, by secret ballot by a majority vote of the total number of deputies of the Kurultai. A candidate for the position of Chairman of the Kurultai is nominated by the President of the Republic of Kazakhstan.

     The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in case of repeated refusal to elect the Chairman of the Kurultai.

     2. The Chairman of the Kurultai may be recalled from office, as well as resign, if the majority of the total number of deputies of the Kurultai voted for it.

     3. Chairman of the Kurultai:

     1) Convenes and presides over the meetings of the Kurultai;

     2) provides general guidance on the preparation of issues submitted for consideration by the Kurultai;

     3) submits candidates to the Kurultai for election to the positions of Deputy Chairmen of the Kurultai;

     4) ensures compliance with the regulations in the activities of the Kurultai;

     5) directs the activities of the coordinating body of the Kurultai;

     6) signs acts issued by the Kurultai;

     7) performs other duties assigned to him by the regulations of the Kurultai.

     4. The Chairman of the Kurultai shall open the sessions of the Kurultai, unless otherwise provided by the Constitution.

     5. The Chairman of the Kurultai issues orders on matters of his competence.

Article 58

     1. The session of the Kurultai is held in the form of meetings.

     2. The first session of the Kurultai 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 the Kurultai are held once a year, starting from the first working day of September and ending on the last working day of June.

     4. The session opens and closes at a meeting of the Kurultai. The session of the Kurultai is usually opened by the President of the Republic of Kazakhstan. During the period between sessions of the Kurultai, the President of the Republic of Kazakhstan, on his own initiative, at the suggestion of the Chairman of the Kurultai or at least one third of the total number of deputies of the Kurultai, may convene an extraordinary session of the Kurultai. It may consider only the issues that served as the basis for its convocation.

     5. Meetings of the Kurultai are held provided that at least two thirds of the total number of deputies of the Kurultai are present at them.

     6. The meetings of the Kurultai are open. In cases stipulated by the rules of procedure, closed meetings may be held. The President of the Republic of Kazakhstan, the Vice President, the Prime Minister and members of the Government, the Chairman of Kazakhstan Halyk Kenesi, the Chairman of the National Bank, the Prosecutor General, and the Chairman of the National Security Committee have the right to attend any meetings and be heard.

Article 59

     1. The Kurultai shall form standing committees, the number of which is determined by the constitutional law, as well as commissions.

     2. Committees and commissions shall issue resolutions on issues within their competence.

Article 60

     1. The right of legislative initiative belongs to the President of the Republic of Kazakhstan, deputies of the Kurultai, the Government, Kazakhstan Halyk Kenesi and is implemented exclusively in the Kurultai.

     2. The President of the Republic of Kazakhstan 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.

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

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

     2) the regime of ownership and other proprietary rights;

     3) the basics of the organization and activities of state and local government bodies, state and military service;

     4) taxation, establishment or cancellation of fees and other mandatory payments;

     5) the republican budget, issues of government loans and the provision of economic and other assistance by the Republic of Kazakhstan;

     6) issues of the judicial system and judicial proceedings;

     7) issues of amnesty;

     8) education, science, culture, health and social security;

     9) privatisation of enterprises and their property;

     10) Environmental protection;

     11) the administrative-territorial structure of the Republic of Kazakhstan;

     12) ensuring the defense and security of the state;

     13) state symbols of the Republic of Kazakhstan;

     14) ratification of international treaties and their denunciation;

     15) state awards and honorary titles;

     16) other issues in accordance with the Constitution.

     4. Draft laws introduced as a legislative initiative by the Government of the Republic of Kazakhstan in order to promptly respond to conditions that pose a threat to the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country are subject to consideration by the Kurultai immediately.

     In the event that draft laws provided for in part one of this paragraph are submitted to the Kurultai, the Government has the right to adopt, under its own responsibility, temporary normative legal acts having the force of law on the issues specified in paragraph 3 of this article, which are valid until the laws adopted by the Kurultai enter into force or until the draft laws are rejected by the Kurultai.

     5. The law adopted by the Kurultai is submitted to the President of the Republic of Kazakhstan for signature within ten days.

     The Kurultai has the right to reject the draft law as a whole by a majority vote of the total number of deputies. The rejected bill is considered rejected and returned to the initiator.

     6. Draft laws providing for a reduction in government revenues or an increase in government spending can only be introduced if there is a positive Government opinion. Such an opinion is not required for draft laws submitted to the Kurultai in accordance with the legislative initiative of the President of the Republic of Kazakhstan.

     7. In connection with the non-acceptance of the draft law submitted by the Government, the Prime Minister has the right to raise the issue of confidence in the Government at a meeting of the Kurultai. A vote on this issue is held no earlier than forty-eight hours after the issue of confidence is raised. If the motion for a vote of no confidence does not receive a majority of votes from the total number of deputies of the Kurultai, the draft law is considered adopted without a vote. However, the Government may not exercise this right more than twice a year.

Article 61

     1. The Kurultai shall adopt laws and regulations that are binding on the entire territory of the Republic of Kazakhstan.

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

     3. Constitutional laws are adopted on issues stipulated by the Constitution of the Republic of Kazakhstan by a majority of at least two thirds of the total number of deputies of the Kurultai.

     4. Laws are adopted by the Kurultai by a majority vote of the total number of deputies of the Kurultai, unless otherwise provided by the Constitution.

     Resolutions of the Kurultai are adopted by a majority vote of the total number of deputies of the Kurultai, unless otherwise provided by the Constitution.

     5. The laws and regulations of the Kurultai should not contradict the Constitution. The rulings of the Kurultai should not contradict the laws.

     6. The procedure for the development, presentation, discussion, enactment and publication of legislative and other regulatory legal acts of the Republic of Kazakhstan is regulated by the law and the regulations of the Kurultai.

Article 62

     1. The President of the Republic of Kazakhstan has the right to dissolve the Kurultai after consultations with the Chairman of the Kurultai and the Prime Minister.

     2. The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in case of repeated refusal to consent to the appointment of a candidate proposed by the President for a position to which appointment is carried out with the consent of the Kurultai, as well as in case of repeated refusal to elect the Chairman of the Kurultai.

     3. The Kurultai may not be dissolved during a state of emergency or martial law, during the last six months of the President's term of office, within one year after the previous dissolution, or in the case established by paragraph 3 of Article 51 of the Constitution.

Section V

Government

Article 63

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

     2. The Government is a collegial body that is responsible to the President of the Republic of Kazakhstan and the Kurultai in its activities.

3. Members of the Government are accountable to the Kurultai in the case provided for in subparagraph 17) of Article 56 of the Constitution.

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

Article 64

     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 of Kazakhstan by the Prime Minister of the Republic of Kazakhstan within ten days after the appointment of the Prime Minister.

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

Article 65

     Government:

     1) develops the main directions of the socio-economic policy of the state, its defense capability, security, ensuring public order and organizes their implementation;

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

     3) submits draft laws to the Kurultai and ensures the enforcement of laws;

     4) organizes the management of state property;

     5) develops measures for the implementation of the foreign policy of the Republic of Kazakhstan;

     6) directs the activities of ministries, other central and local executive bodies;

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

     8) in coordination with the President of the Republic of Kazakhstan, approves a unified system of financing and remuneration of employees for all bodies maintained at the expense of the state budget.;

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

Article 66

     Prime Minister of the Republic of Kazakhstan:

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

     2) signs Government resolutions;

     3) reports to the President and the Kurultai on the main activities of the Government and all its important decisions.;

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

Article 67

     1. Members of the Government are independent in decision-making within their competence and are personally responsible to the Prime Minister for the work of their subordinate state bodies. A member of the Government who does not agree with the Government's policy or does not implement it resigns or is subject to dismissal from his post.

     2. Members of the Government may not be deputies of a representative body, hold other paid positions other than teaching, scientific, creative activities, engage in entrepreneurial activities, or be members of the governing body or supervisory board of a commercial organization, except in cases where this is their official duties in accordance with the legislation of the Republic of Kazakhstan.

Article 68

     1. The Government issues resolutions on matters within its competence that are binding on the entire territory of the Republic of Kazakhstan.

     2. The Prime Minister issues orders that are binding on the entire territory of the Republic of Kazakhstan.

     3. Government resolutions and orders of the Prime Minister must not contradict the Constitution, laws, acts of the President of the Republic of Kazakhstan.

Article 69

     1. The Government resigns its powers before the newly elected Kurultai.

     2. The Government and any of its members have the right to declare their resignation to the President of the Republic of Kazakhstan if they consider it impossible to continue exercising their functions.

     3. The Government announces its resignation to the President of the Republic of Kazakhstan in case the Kurultai expresses a vote of no confidence in the Government.

     4. The President of the Republic of Kazakhstan shall consider accepting or rejecting the resignation within ten days.

     5. Accepting a resignation means the termination of the powers of the Government or its corresponding member. Accepting the resignation of the Prime Minister means the termination of the powers of the entire Government.

     6. If the resignation of the Government or its member is rejected, the President of the Republic of Kazakhstan entrusts him with the further performance of duties.

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

Section VI

Kazakhstan Halyk Kenesi

Article 70

     1. Kazakhstan Halyk Kenesi (People's Council of Kazakhstan) is the highest advisory body representing the interests of the people of the Republic of Kazakhstan.

     2. The composition of Kazakhstan Halyk Kenesi is formed from among the citizens of the Republic of Kazakhstan.

     3. The procedure of formation, composition, powers and organization of activities of Kazakhstan Halyk Kenesi are determined by the constitutional law.

Article 71

     Kazakhstan Halyk Kenesi:

     1) develops proposals and recommendations on the main directions of the internal policy of the state, strengthening social harmony, national unity and solidarity, promoting the fundamental principles of the Republic of Kazakhstan and national values;

     2) submits draft laws to the Kurultai;

     3) puts forward an initiative to call a national referendum;

     4) exercise other powers in accordance with the constitutional law.

Section VII

The Constitutional Court

Article 72

     1. The Constitutional Court of the Republic of Kazakhstan is an independent state body exercising constitutional control and ensuring the supremacy of the Constitution of the Republic of Kazakhstan throughout the country.

     2. The Constitutional Court consists of a Chairman and ten judges. Their term of office is eight years.

     The same person may not be appointed as a judge of the Constitutional Court more than once in accordance with the Constitution.

     3. The Chairman of the Constitutional Court is appointed by the President of the Republic of Kazakhstan and simultaneously serves as a judge of the Constitutional Court during his term of office.

     In accordance with the Constitution, the same person may not be appointed Chairman of the Constitutional Court more than once.

     4. Judges of the Constitutional Court are appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies.

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

     5. The position of a judge of the Constitutional Court is incompatible with a deputy's mandate, holding other paid positions other than teaching, scientific, creative activities, entrepreneurial activities, membership in the governing body or supervisory board of a commercial organization.

     6. The Chairman and judges of the Constitutional Court may not be detained during their term of office, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to a court order, administrative penalty imposed by a court, or brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan or the Kurultai, respectively.

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

Article 73

     1. The Constitutional Court at the request of the President of the Republic of Kazakhstan, the Chairman of the Kurultai, at least one fifth of the total number of deputies of the Kurultai, the Prime Minister:

     1) decides, in the event of a dispute, on the correctness of holding elections of the President, deputies of the Kurultai and a national referendum.;

     2) reviews the laws adopted by the Kurultai for their compliance with the Constitution before being signed by the President.;

     3) reviews the resolutions adopted by the Kurultai for compliance with the Constitution;

     4) review international treaties for their compliance with the Constitution before ratification;

     5) reviews the implementation of decisions of international organizations and their bodies for compliance with the Constitution;

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

     7) gives opinions in the cases established by paragraphs 2 and 3 of Article 50 of the Constitution.

     2. The Constitutional Court considers appeals from the President in the cases provided for in subparagraph 11) of Article 46 of the Constitution, as well as appeals from courts in the cases established by Article 79 of the Constitution.

     3. The Constitutional Court, upon appeals from citizens of the Republic of Kazakhstan, examines for compliance with the Constitution the normative legal acts of the Republic of Kazakhstan directly affecting their rights and freedoms provided for by the Constitution.

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

     4. Upon the appeal of the Prosecutor General, the Constitutional Court shall consider the issues specified in subitems 4), 5) and 6) of paragraph 1 of this Article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution.

     5. The Constitutional Court, at the request of the Commissioner for Human Rights, examines the regulatory legal acts of the Republic of Kazakhstan concerning the human and civil rights and freedoms enshrined in the Constitution for compliance with the Constitution.

     6. The Constitutional Court issues opinions in the cases established by paragraph 1 of Article 50 and paragraph 1 of Article 51 of the Constitution.

Article 74

     1. In the event of an appeal to the Constitutional Court on the issues specified in subparagraph 1) of paragraph 1 of Article 73 of the Constitution, the inauguration of the President of the Republic of Kazakhstan, registration of elected deputies of the Kurultai, and summing up the results of a national referendum shall be suspended accordingly.

2. In the case of an appeal to the Constitutional Court on the issues specified in subitems 2) and 4) of paragraph 1 of Article 73 of the Constitution, the deadline for signing or ratifying the relevant acts is suspended.

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

Article 75

     1. Laws and international treaties deemed inconsistent with the Constitution may not be signed or ratified and put into effect.

     2. Laws and other normative legal acts, their individual provisions, recognized as inconsistent with the Constitution, including infringing on the rights and freedoms of man and citizen enshrined in the Constitution, cease to be valid and are not subject to application from the date of the decision of the Constitutional Court or from the date set by it.

     Laws and other normative legal acts and their individual provisions, recognized as corresponding to the Constitution in the interpretation of the Constitutional Court, are subject to application in this interpretation.

     3. Decisions of international organizations and their bodies, and certain provisions of these decisions, the execution of which is recognized by the Constitutional Court as inconsistent with the Constitution, are not subject to execution.

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

Section VIII

Justice. The Prosecutor's Office. Human rights mechanisms

Article 76

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

     2. Judicial power is exercised through civil, administrative, criminal and other forms of legal proceedings established by law. In cases stipulated by law, criminal proceedings are conducted with the participation of jurors.

     3. Courts of the Republic of Kazakhstan – the Supreme Court, local and other courts established by law.

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

Article 77

     1. Judicial power is exercised on behalf of the Republic of Kazakhstan in order to protect the rights, freedoms and legitimate interests of a person, citizen, organizations, as well as the implementation of the Constitution, laws, other regulatory legal acts, international treaties of the Republic of Kazakhstan.

     2. Judicial power extends to all cases and disputes arising in connection with the application of the norms of the Constitution, laws, other normative legal acts, and international treaties of the Republic of Kazakhstan.

     3. Decisions, verdicts and other court rulings are binding on the entire territory of the Republic of Kazakhstan.

Article 78

     1. A judge is independent in the administration of justice 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. In the administration of justice, a judge should be guided by the following principles:

     1) the jurisdiction provided for by law may not be changed by anyone without his consent.;

     2) Everyone has the right to be heard in court.;

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

     4) any doubts about the guilt of a person are interpreted in favor of the accused;

     5) evidence obtained by illegal means has no legal force. No one can be convicted solely on the basis of his own confession.;

     6) the application of the 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 of Kazakhstan.

Article 79

     Courts have no right to apply laws and other normative legal acts that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution.

     If the court finds that a law or other normative legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court with a motion declaring this act unconstitutional.

Article 80

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

     2. A judge may not be detained, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to a court order, administrative penalty imposed in court, brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council, or without the consent of the Kurultai, respectively.

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

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

Article 81

     Courts are financed and judges are provided with housing at the expense of the republican budget and should ensure the possibility of full and independent administration of justice.

Article 82

     The Supreme Court is the highest judicial body for civil, administrative, criminal and other matters within the jurisdiction of local and other courts, which, in cases provided for by law, examines court cases within its jurisdiction and provides explanations on issues of judicial practice.

Article 83

     1. The Chairman of the Supreme Court is appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council and is at the same time a judge of the Supreme Court during his term of office. The term of office of the Chairman of the Supreme Court is six years.

     In accordance with the Constitution, the same person may not be appointed Chairman of the Supreme Court more than once.

     Judges of the Supreme Court are elected by the Kurultai on the proposal of the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council.

     2. Judges of local and other courts are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council.

     3. Judicial boards may be established in courts in accordance with the constitutional law.

     4. The Chairman of the Supreme Judicial Council is appointed by the President of the Republic of Kazakhstan.

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

Article 84

     1. The Prosecutor's Office, on behalf of the State, exercises, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan, represents the interests of the State in court and carries out criminal prosecution on behalf of the State.

     2. The Prosecutor's Office of the Republic of Kazakhstan shall form a single centralized system with subordinate prosecutors subordinate to the higher ones and the Prosecutor General. She exercises her powers independently of other government agencies and officials and is accountable only to the President of the Republic of Kazakhstan.

     3. The Prosecutor General is appointed by the President of the Republic of Kazakhstan. The term of office of the Prosecutor General is six years.

     In accordance with the Constitution, the same person may not be appointed Prosecutor General more than once.

     4. During his term of office, the Prosecutor General may not be detained, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to a court order, administrative penalty imposed by a court, brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan.

     5. The competence, organization and procedure of the prosecutor's office are determined by the constitutional law.

Article 85

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

     2. The Commissioner for Human Rights is appointed by the President of the Republic of Kazakhstan.

     3. In exercising his/her powers, the Commissioner for Human Rights is independent and unaccountable to government agencies and officials.

     4. The Commissioner for Human Rights may not be detained during his term of office, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to a court order, administrative penalty imposed by a court, or brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan.

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

Article 86

     1. The legal profession in the Republic of Kazakhstan promotes the realization of human rights guaranteed by the state to judicial protection and to receive legal assistance. Legal assistance is provided by lawyers and other persons in accordance with the law.

     2. The procedure for the practice of law, the rights, duties, and responsibilities of a lawyer are determined by law.

Section IX

Local government and self-government

Article 87

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

Article 88

     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 monitor their implementation.

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

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

     4. The maslikhats are responsible for:

     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 and territorial structure within their jurisdiction;

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

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

     5) exercising other powers in accordance with the law to ensure the rights and legitimate interests of citizens of the Republic of Kazakhstan.

     5. The powers of the maslikhat are terminated prematurely by the President of the Republic of Kazakhstan after consultations with the Prime Minister and the Chairman of the Kurultai, as well as in the event that the maslikhat decides to dissolve itself.

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

Article 89

     1. Local executive bodies are part of the unified system of executive bodies of the Republic of Kazakhstan, ensure the implementation of a national policy of executive power 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, the 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 the work of local executive bodies;

     4) exercising other powers assigned to local executive bodies by law in the interests of local government.

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

     4. Akims of the capital, regions, cities of republican significance are appointed by the President of the Republic of Kazakhstan with the consent of deputies of the maslikhat of the capital, maslikhats located on the territory of the region, maslikhat of the city of republican significance, respectively.

     The President of the Republic of Kazakhstan proposes at least two candidates to be voted on. The candidate who receives the majority of votes of the deputies of the maslikhats who took part in the voting is considered to have received consent.

     Akims of other administrative-territorial units are appointed or elected to positions, as well as dismissed from positions in accordance with the procedure established by law. The President of the Republic of Kazakhstan has the right, at his discretion, to dismiss the akims of the capital, regions, and cities of national significance.

     5. At the initiative of at least one fifth of the total number of Maslikhat deputies, the issue of expressing a vote of no confidence in the mayor may be raised. In this case, the maslikhat, by a majority vote of the total number of its deputies, has the right to express no confidence in the mayor and raise the issue of his dismissal from office before the President of the Republic of Kazakhstan in respect of the mayors of the capital, regions, cities of republican significance, or before a higher akim in respect of the mayors of other administrative-territorial units, respectively. The powers of the akims of the capital, regions, and cities of republican significance are terminated upon the assumption of office of the newly elected President of the Republic of Kazakhstan.

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

Article 90

     1. Maslikhats make decisions on matters within their competence, and akims make decisions and orders that are binding on the territory of the relevant 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 opinion of the akim.

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

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

Article 91

     1. In the Republic of Kazakhstan, local self-government is recognized, which ensures the independent resolution of local issues by the population.

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

     Local self-government bodies may be delegated the exercise of State functions in accordance with the law.

     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 X

Amendments and additions to the Constitution

Article 92

     1. Amendments and additions to the Constitution of the Republic of Kazakhstan are introduced by a national referendum held by decision of the President of the Republic of Kazakhstan, adopted by him on his own initiative, the initiative of the Kurultai, the Government, Kazakhstan Halyk Kenesi.

     2. A national referendum is considered to have taken place if more than half of the citizens of the Republic of Kazakhstan who have the right to participate in the national referendum participated in the voting.

     3. Amendments and additions to the Constitution submitted to a national referendum are considered adopted if more than half of the citizens of the Republic of Kazakhstan who took part in the voting voted for them in at least two thirds of the regions, cities of republican significance and the capital.

Article 93

     Amendments and additions to the Constitution of the Republic of Kazakhstan are submitted to a national referendum if there is a conclusion of the Constitutional Court on their compliance with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.

Section XI

Final and transitional provisions

Article 94

     1. The Constitution of the Republic of Kazakhstan, adopted in a national referendum, shall enter into force on July 1, 2026, with the simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.

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

Article 95

     1. The Parliament of the Republic of Kazakhstan, formed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, shall terminate its powers on July 1, 2026.

     The elections to the Kurultai must be announced by the President of the Republic of Kazakhstan within a month and held within two months from the date of entry into force of the Constitution.

     2. Within two months from the opening day of the first session of the Kurultai of the first convocation, the President of the Republic of Kazakhstan must appoint a Vice-President with the consent of the Kurultai.

     3. The Chairman and judges of the Constitutional Court must be appointed within two months from the opening day of the first session of the first convocation of the Kurultai.

     Until the formation of the new composition of the Constitutional Court, the Chairman and judges of the Constitutional Court appointed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, retain their powers.

     4. The chairmen and members of the Central Election Commission and the Supreme Audit Chamber must be appointed within two months from the opening day of the first session of the first convocation of the Kurultai.

     Until the formation of new structures of the Central Election Commission and the Supreme Audit Chamber, the chairmen and members of the Central Election Commission and the Supreme Audit Chamber appointed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, retain their powers.

     5. The Chairman of the Supreme Court, the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Supreme Judicial Council, and the Commissioner for Human Rights must be appointed within two months from the date of entry into force of the Constitution.

     6. Judges of the Supreme Court, local and other courts, deputies of maslikhats, and other officials elected (appointed) in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, shall retain their powers until they are terminated on the grounds provided for by the Constitution and laws of the Republic of Kazakhstan.

Article 96

     1. The laws and other normative legal acts of the Republic of Kazakhstan in force on the date of entry into force of the Constitution shall be applied to the extent that they do not contradict the Constitution.

     2. The Government, central and local government agencies are taking the necessary measures to bring regulatory legal acts in line with the Constitution.

     3. Normative resolutions of the Constitutional Council and the Constitutional Court adopted in accordance with the legislation of the Republic of Kazakhstan in force on the date of entry into force of the Constitution remain legally binding to the extent that they do not contradict the Constitution.

 

 

 

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