THE CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN - 1993.

The Supreme Council of the Republic of Kazakhstan dated January 28, 1993. It became invalid due to the adoption of the new Constitution on August 30, 1995, see Presidential Decree No. 2454 of September 6, 1995.

We, the people of Kazakhstan, being an integral part of the world community, proceeding from the inviolability of the Kazakh statehood, recognizing the priority of human rights and freedoms, determined to create a democratic society and a rule-of-law state, wishing to ensure civil peace and interethnic harmony, a decent life for ourselves and for our descendants, adopt this Constitution and proclaim the following

THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER:

     First. The Republic of Kazakhstan (Kazakhstan) is a democratic, secular and unitary state.

     The Republic of Kazakhstan, as a form of statehood of the self-determined Kazakh nation, provides equal rights to all its citizens.

     Second. The territory of the Republic of Kazakhstan is integral, indivisible and inviolable.

     The third. The Republic of Kazakhstan recognizes a human being, his life, freedom and inalienable rights as the highest value and carries out its activities in the interests of the citizen and society.

     Fourth. The people of Kazakhstan are the only source of state power in the republic.

     The people exercise State power directly and through their representatives. No part of the people, organization, or individual can arrogate to themselves the right to exercise State power.

     The right to speak on behalf of the entire people of Kazakhstan belongs only to the Supreme Council and the President of the Republic within the limits of their constitutional powers.

     Fifth. The Republic of Kazakhstan guarantees equal and legal opportunities to public associations operating within the framework of the Constitution and laws of the Republic.

     The ideology of public associations cannot be established as a State ideology.

     Sixth. State power in the Republic of Kazakhstan is based on the principle of its division into legislative, executive and judicial branches. According to it, government agencies are independent within their powers and interact with each other using a system of checks and balances.

     The legislator proceeds from the inviolability of the foundations of the constitutional order. State power is exercised on the basis of the Constitution and the laws of the Republic.

     Seventh. The Constitution of the Republic of Kazakhstan has the highest legal force, its norms have direct effect. Laws and other acts that contradict the provisions of the Constitution have no legal force.

     Eighth. Kazakh is the official language in the Republic of Kazakhstan.

     Russian is the language of international communication.

     The State guarantees the preservation of the sphere of application of the language of interethnic communication and other languages, and takes care of their free development.

     It is prohibited to restrict the rights and freedoms of citizens on the basis of non-mastery of the State language or the language of interethnic communication.

     The ninth. The Republic of Kazakhstan has state symbols - the coat of arms, the flag, the anthem.

     The capital of the Republic of Kazakhstan is the city of Almaty.

SECTION I. THE CITIZEN, HIS RIGHTS, FREEDOMS AND DUTIES Chapter 1. General provisions

     Article 1. Citizens of the Republic of Kazakhstan are guaranteed equal rights and freedoms regardless of race, nationality, gender, language, social, property and official status, social origin, place of residence, attitude to religion, beliefs, membership in a public association, as well as previous criminal penalties.

     Any form of discrimination against citizens is prohibited.

     Article 2. Restrictions on the exercise of rights and freedoms are permitted by the Constitution and laws of the Republic of Kazakhstan only for the purpose of ensuring the rights and freedoms of others, public safety, and the protection of the constitutional order. At the same time, the essence of constitutional rights and freedoms cannot be affected.

     Article 3. International legal acts on human and civil rights and freedoms recognized by the Republic of Kazakhstan have priority over its laws on the territory of the Republic.

Chapter 2. Citizenship

     Article 4. Every person in the Republic of Kazakhstan has the right to citizenship and its change.

     The grounds and procedure for the acquisition, preservation and loss of citizenship of the Republic are established by the constitutional law. The deprivation of citizenship of the Republic of Kazakhstan or the right to change citizenship, as well as the expulsion of citizens from the republic, are not allowed.

     A person who is a citizen of the Republic of Kazakhstan shall not be recognized as belonging to the citizenship of another state, except in cases provided for by this Constitution and interstate treaties of the Republic of Kazakhstan.

     All citizens of the republic who have been forced to leave its territory, as well as Kazakhs residing in other States, have the right to have citizenship of the Republic of Kazakhstan along with citizenship of other states, if this does not contradict the laws of the State of which they are citizens.

     Article 5. The Republic of Kazakhstan protects its citizens located outside its territory, protects their rights and freedoms.

     A citizen of the Republic of Kazakhstan may not be extradited to a foreign State, unless otherwise established by international legal acts recognized by the Republic, as well as interstate treaties of the Republic of Kazakhstan.

     Article 6. Persons residing in the territory of the Republic of Kazakhstan who are not its citizens enjoy all rights and freedoms, as well as bear all duties established by the Constitution, laws and interstate treaties of the Republic of Kazakhstan, with the exception of exceptions provided for by laws and interstate treaties of the Republic of Kazakhstan.

     Article 7. The Republic of Kazakhstan has the right to grant asylum to foreign citizens and stateless persons who have become victims of human rights violations.

Chapter 3. Civil rights and freedoms

     Article 8. The right to life is a natural and inalienable right of every human being. No one can be arbitrarily deprived of his life.

     The death penalty may be imposed only in exceptional cases by a court verdict.

     Everyone sentenced to death has the right to apply for clemency.

     Article 9. The honor and dignity of man and citizen are inviolable.

     Article 10. A citizen of the Republic has the right to freedom of speech, beliefs and their free expression. No one can be forced to express their beliefs or be persecuted for their beliefs.

     Article 11. A citizen of the Republic has the right to receive and disseminate information in any legal way of his choice.

     Article 12. A citizen of the republic is guaranteed freedom of conscience - the right to independently determine his attitude to religion, to profess any of them or not to profess any, to spread beliefs related to religion, and to act in accordance with them.

     Article 13. A citizen of the Republic has the right of free movement and choice of place of residence, as well as the right to freely leave the territory of the Republic and return back.

Chapter 4. Political rights and freedoms

     Article 14. Citizens of the Republic have the right, both directly and through their representatives, to participate in the management of public affairs, in the discussion and adoption of laws and decisions of state and local importance.

     Article 15. The citizens of the Republic are guaranteed freedom of peaceful assembly, rallies, marches, pickets and demonstrations.

     Article 16. Citizens of the Republic have the right to form public associations on the basis of free expression of will and community of interests for the realization of their rights and freedoms.

     Article 17. Citizens of the Republic have an equal right to access public service. The requirements for a candidate for a civil servant position are determined only by the nature of their official duties.

Chapter 5. Economic and social rights

     Article 18. A citizen of the Republic has the right to be an owner.

     The owner, at his discretion, owns, uses and disposes of the property belonging to him.

     The use of property should not harm the economic environment, violate the rights and legally protected interests of citizens, legal entities and the state.

     Article 19. A citizen of the Republic has the right to work, which includes the right of everyone to be able to work freely as an independent producer or under an employment contract in accordance with their desires, abilities and special training.

     The freedom of the employment contract is guaranteed.

     A citizen of the Republic has the right to work conditions that meet the requirements of safety and hygiene, as well as social protection from unemployment.

     Remuneration for work may not be lower than the minimum amount established by law.

     Forced labor is prohibited, except as part of the execution of a sentence imposed by a court or the operation of a law on a state of emergency.

     Article 20. Citizens of the Republic have the right to strike.

     Article 21. A citizen of the Republic has the right to rest. The State determines the maximum length of working hours, minimum weekly rest and paid annual leave, as well as other basic conditions for exercising the right to rest.

     Article 22. A citizen of the Republic has the right to housing. The State promotes the exercise of the right to housing by encouraging housing construction, providing and selling housing from the public housing stock.

   Article 23. A citizen of the Republic has the right to health protection.

     This right is ensured by free medical care provided in public health institutions.

     The provision of paid medical care is allowed on the basis and in the manner prescribed by law.

     The Republic of Kazakhstan promotes the development of a private healthcare system, encourages activities that promote health, physical education and sports.

     Article 24. A citizen of the Republic has the right to education.

     This right is ensured by free secondary, secondary specialized, and higher education in public institutions.

     Paid education of citizens is allowed on the basis and in the manner prescribed by law.

     The Republic of Kazakhstan promotes the development of a private education system. Organizations and individuals contributing to the development of education, science and culture enjoy the support of the State. The State ensures the priority development of education, science and culture.

     Article 25. A citizen of the Republic has the right to social security in old age, in case of illness, disability, breadwinner and in other cases established by law.

     Article 26. A citizen of the Republic has the right to a natural environment favorable for life and health.

     Article 27. The citizens of the Republic are guaranteed the freedom of artistic, scientific and technical creativity.

Chapter 6.Main responsibilities

     Article 28. The exercise of rights and freedoms by a citizen of the Republic of Kazakhstan is inseparable from his duties, the fulfillment of which is necessary to ensure personal, public and state interests.

     Article 29. A citizen of the Republic of Kazakhstan is obliged to observe the Constitution and laws of the Republic, to respect the rights, freedoms, honor and dignity of others.

     A citizen of the republic is obliged to respect the state symbols - the coat of arms, the flag, the anthem.

     Article 30. Citizens of the Republic of Kazakhstan are required to pay legally established taxes and fees.

     Article 31. Protection of the Republic of Kazakhstan is the duty of every citizen of the Republic.

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

Chapter 7. Guarantees of rights and freedoms

     Article 32. No one has the right to deprive a citizen of any rights and freedoms or restrict him in them, except in accordance with this Constitution.

     Laws and other regulations that have not been published in accordance with the established procedure are not subject to application.

     Article 33. The private life of a citizen is inviolable.

     Interference in the private life of a citizen, as well as encroachment on his honor and dignity, is prohibited. The collection, storage, use and dissemination of personal information without the consent of a citizen is allowed only in cases and in accordance with the procedure directly established by law.

     State bodies, public associations and officials are obliged to provide every citizen with the opportunity to familiarize himself with documents, decisions and other materials affecting his rights and interests.

     Detention, inspection or search, as well as any other restriction of personal freedom, is not allowed, except in cases and in accordance with the procedure provided for by law.

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

     Article 34. The dwelling is inviolable. Home deprivation, invasion, inspection, and search are not allowed, except in cases and in compliance with guarantees established by law.

     Article 35. A citizen of the Republic of Kazakhstan has the right to the necessary defense.

     Article 36. The Republic of Kazakhstan guarantees judicial protection of all rights and freedoms enshrined in the Constitution and laws.

     No one can be deprived of the right to have his case examined in compliance with all the requirements of the law and justice by a competent, independent and impartial court.

     Article 37. Everyone is equal before the law and the courts.

     Article 38. No one may find a person guilty of committing a crime and subject him to criminal punishment, except in court.

     A person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force. The accused is not obliged to prove his innocence. Any doubts about the guilt of the accused are interpreted in his favor.

     Article 39. A law that establishes or reinforces liability is not retroactive. If, after the commission of an offence, responsibility for it is abolished or mitigated, the new law applies. The application of the criminal law by analogy is not allowed.

     No one should be held responsible for the same offense again.

     Article 40. Any decisions and actions of state bodies, public associations, officials and other persons infringing or restricting the rights of citizens may be appealed in court.

     It is not allowed to file a complaint to the detriment of the person who filed the complaint or in whose interests it was filed.

     Article 41. Evidence obtained illegally has no legal force.

     Article 42. No one is required to testify against themselves, their spouse, or close relatives. Clergymen are not required to testify against co-religionists who place their trust in them.

     Article 43. A citizen has the right to qualified legal assistance and protection provided in accordance with the law and guaranteed by the State.

     The activities of individuals to protect citizens and provide them with legal assistance are independent and independent. Interference in it is not allowed and entails liability under the law.

     The defender has no right, without the consent of the client, to disclose information that has become known to him in connection with the provision of legal assistance.

     Article 44. Temporary restrictions on rights and freedoms may be imposed during a state of emergency in accordance with the law and must be explicitly indicated in the act on the introduction of a state of emergency.

     During the state of emergency, it is not allowed to amend the Constitution of the Republic of Kazakhstan, electoral laws and laws on judicial proceedings, referendums and elections are not held, the powers and activities of the Supreme Council and courts may not be limited, as well as the rights and freedoms provided for in Articles 8, 9, 12, 22, part 5 of Article 33, Articles 35, 36, 39.

SECTION II. SOCIETY, THE BASICS OF ITS STRUCTURE

Chapter 8. Property and entrepreneurship

     Article 45. The economy of the Republic of Kazakhstan is based on diverse forms of ownership.

     The State ensures equality before the law for all subjects of property.

     The objects and subjects of ownership, the varieties of their basic forms, the limits of the exercise of their rights by the owners, and the guarantees of their protection are determined by law.

     Article 46. The land, its subsoil, waters, flora and fauna, and other natural resources are exclusively state-owned.

     The limits and subjects of the exercise on behalf of the State of the powers of the owner of these objects are determined by law.

     Article 47. Private property is inviolable.

     No one can be deprived of their property, except by a court decision.

     Requisition may be applied only in exceptional cases, which are expressly provided for by law.

     The Republic of Kazakhstan protects the property rights of its citizens and legal entities to their property located on the territory of other States.

     Article 48. The State guarantees the freedom of private entrepreneurial activity and ensures its protection and support.

     Monopolistic and any other activity aimed at limiting or eliminating legitimate competition, obtaining unjustified advantages, and infringing on the rights and legitimate interests of consumers is prohibited.

     Article 49. Business activities of foreign citizens and legal entities, as well as stateless persons, are protected by the Republic of Kazakhstan and are carried out on its territory under the conditions established for citizens of the Republic, with the exception of exceptions provided for by laws and interstate treaties of the Republic of Kazakhstan.

Chapter 9. Family

     Article 50. A man and a woman who have reached the age prescribed by law have the right to marry and found a family.

     Marriage is based on the voluntary consent and equality of the spouses.

     Article 51. The responsibility of parents and their surrogates is the maintenance, upbringing and education of children. The nature and forms of upbringing and education of children should not infringe on the interests of the child.

     Able-bodied children are obliged to take care of their parents and provide them with assistance.

     Article 52. Family, motherhood, fatherhood, and childhood are protected by society and the State.

     The State provides for the maintenance, upbringing and education of orphaned children and children deprived of parental care, and encourages charitable activities towards children.

Chapter 10. Public associations

     Article 53. Public associations in the Republic of Kazakhstan are recognized as political parties, mass movements, professional, creative unions, religious and other associations of citizens.

     The State ensures that the rights and legitimate interests of public associations are respected.

     Article 54. Illegal interference of State bodies and officials in the activities of public associations, as well as interference of public associations in the activities of State bodies and officials is prohibited.

     It is prohibited to assign functions of State bodies to public associations.

     The activities of public associations pursuing political goals in government bodies, prosecutor's offices and courts, the armed forces, State-owned enterprises, institutions and organizations are not allowed.

Article 55. It is prohibited to create and operate public associations that proclaim or practice racial, national, social, religious intolerance, class exclusivity, calling for the violent overthrow of the constitutional order, encroaching on the territorial integrity of the republic.

     The establishment of paramilitary formations, as well as secret societies and associations not provided for by the legislation of the Republic of Kazakhstan, is prohibited on the territory of the Republic of Kazakhstan.

     Article 56. Parties contribute to the formation and expression of the political will of citizens. The procedure for the formation, termination and activity of political parties is established by law.

     The activities of political parties of other states are not allowed on the territory of the Republic of Kazakhstan.

     Article 57. Trade unions are formed to protect the labor and other socio-economic rights and interests of their members, and to protect and improve working conditions.

     Article 58. Religious associations are separated from the State.

     The State cannot give preference to any religion or atheism.

     The creation of political parties on a religious basis is not allowed. Religious associations should not pursue political goals and objectives.

R A Z D E L III.THE STATE, ITS ORGANS AND INSTITUTIONS

Chapter 11. General provisions

     Article 59. The State is the official representative of the people and expresses their will through its organs and institutions.

     Article 60. The State, its bodies and officials act within the framework of legally established powers.

     Article 61. Civil service in the Republic of Kazakhstan is based on the responsibility of civil servants to the people of the Republic and its every citizen; equal rights when entering and completing civil service.

     Civil servants must ensure respect for the rights and freedoms of citizens and maintain the authority of the State and its bodies.

Chapter 12.The Supreme Council

     Article 62. The Supreme Council is the only legislative and supreme representative body of the Republic of Kazakhstan.

     The size, organization and procedure of the Supreme Council's activities are determined by the constitutional law.

     Article 63. The Supreme Council of the Republic of Kazakhstan is elected for a term of 5 years.

     The powers of the Supreme Council expire from the moment the first session of its new composition begins.

     Article 64. The Supreme Council of the Republic of Kazakhstan:

     1) adopts the Constitution of the Republic of Kazakhstan, introduces amendments and additions to it;

     2) adopt laws and other decisions, monitor their implementation;

     3) gives an official interpretation of the laws of the Republic;

     4) makes decisions on changing the borders of the Republic of Kazakhstan; establishes the procedure for resolving issues of the administrative-territorial structure of the Republic;

     5) approves the republican budget and controls its execution, makes changes to the budget, sets state taxes and fees;

     6) defines the monetary system of the Republic of Kazakhstan;

     7) decides on holding a referendum;

     8) decides on issues of government loans and the provision of economic and other assistance by the Republic;

     9) elects coordinating, working, control and other bodies of its own;

     10) agrees to the appointment by the President of the Republic of the Prime Minister, Deputy Prime Ministers of the Republic of Kazakhstan, Ministers of Foreign Affairs, Defense, Finance, Internal Affairs, Chairman of the National Security Committee and heads of diplomatic missions of the Republic of Kazakhstan;

     11) elects the Constitutional Court;

     12) elects the Supreme Court, the Supreme Arbitration Court of the Republic of Kazakhstan and determines the procedure for the formation of subordinate courts;

     13) appoints the Prosecutor General of the Republic of Kazakhstan;

     14) appoints the Chairman of the National Bank of the Republic of Kazakhstan;

     15) in cases and in accordance with the procedure provided for by the Constitution and laws of the Republic, dismiss from their duties the Chairman and judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, the Prosecutor General, the Chairman of the National Bank of the Republic of Kazakhstan;

     16) establishes state awards, establishes honorary and special ranks, the highest diplomatic ranks and military ranks of the Republic of Kazakhstan;

     17) issues acts of amnesty;

     18) ratifies and denounces international treaties of the Republic of Kazakhstan;

     19) approves the Decree of the President of the Republic on the introduction of a state of emergency;

     20) resolves issues of war and peace;

     21) exercises other powers assigned to him by the Constitution of the Republic.

     Article 65. The Chairman of the Supreme Council of the Republic of Kazakhstan is elected by the Supreme Council at the first session from among the deputies of the Supreme Council who speak the state language by secret ballot by a majority vote of the total number of deputies.

     Chairman of the Supreme Council:

     1) Convenes sessions of the Supreme Council;

     2) provides general guidance on the preparation of issues to be considered by the Supreme Council;

     3) preside over the meetings of the Supreme Council;

     4) submits to the Supreme Council candidates for the positions of Deputy Chairman of the Supreme Council of the Republic of Kazakhstan;

     5) signs inter-parliamentary agreements on behalf of the Supreme Council;

     6) exercise other powers regarding the activities of the Supreme Council assigned to it by the Constitution and laws of the Republic of Kazakhstan.

     Article 66. The Deputy Chairmen of the Supreme Council of the Republic of Kazakhstan shall perform certain functions under the authority of the Chairman and replace the Chairman in case of his absence or inability to perform his duties.

     Article 67. A deputy of the Supreme Council of the Republic of Kazakhstan is a representative of the people of the Republic.

     A deputy of the Supreme Council of the Republic of Kazakhstan has the right to express his opinion and vote according to his beliefs. Voting at meetings of the Supreme Council and its bodies is carried out by a deputy personally.

     Article 68. A deputy of the Supreme Council of the Republic of Kazakhstan may not hold a position outside the Supreme Council, be a deputy of another representative body, or engage in entrepreneurial activity.

     Article 69. A deputy of the Supreme Council of the Republic of Kazakhstan is inviolable: he cannot be arrested, brought before a court, subjected to administrative penalties, or brought to criminal responsibility without the consent of the Supreme Council. He cannot be detained, except in cases of arrest at the scene of a crime.

     The legal status of a deputy of the Supreme Council of the Republic of Kazakhstan is determined by the constitutional law.

     Article 70. The session of the Supreme Council of the Republic of Kazakhstan opens and closes at its plenary sessions.

     Meetings of the Supreme Council are held openly. On the proposal of one fifth of the deputies or the Chairman of the Supreme Council, by a decision of the majority of the total number of deputies, meetings of the Supreme Council may be held in private.

     Article 71. The right of legislative initiative in the Supreme Council of the Republic of Kazakhstan belongs to the deputies of the Supreme Council, the President, the Cabinet of Ministers, the Supreme Court and the Supreme Arbitration Court of the Republic of Kazakhstan.

     Article 72. Laws and other decisions of the Supreme Council of the Republic of Kazakhstan are adopted by a majority vote of the total number of deputies.

     The Constitution of the Republic of Kazakhstan is adopted by a majority of at least two thirds of the total number of deputies of the Supreme Council.

     Article 73. Draft laws and other important issues of State life related to the jurisdiction of the Supreme Council of the Republic may be submitted for public discussion.

     Article 74. A republican referendum may be held for citizens of the Republic of Kazakhstan to adopt laws and decisions on the most important issues of public life.

     The procedure for its organization and conduct is established by the Constitutional law of the Republic of Kazakhstan.

Chapter 13. The President

     Article 75. The President of the Republic of Kazakhstan is the head of State and heads the unified system of executive power of the Republic.

     The President acts as a guarantor of the observance of the rights and freedoms of citizens, the Constitution and the laws of the republic.

     Article 76. The President of the Republic of Kazakhstan is elected for a five-year term.

     The President takes office from the moment of taking the oath of office on the third Wednesday of January at a meeting of the Supreme Council.: "I solemnly swear to faithfully serve the people of Kazakhstan, strictly follow the Constitution and laws of the Republic, guarantee the rights and freedoms of citizens, and faithfully fulfill the high duties assigned to me by the President of the Republic of Kazakhstan."

     The powers of the President shall expire upon the assumption of office of the newly elected President.

     A person may not be President for more than two consecutive terms.

     Article 77. The President may not be a deputy of a representative body of the republic, hold positions in other state bodies and public associations, or engage in entrepreneurial activity.

     Article 78. President of the Republic of Kazakhstan:

     1) takes the necessary measures to protect state sovereignty, constitutional order, security, territorial integrity of the republic, and the rights and freedoms of citizens;

     2) signs the laws of the Republic of Kazakhstan, has the right to return the law with its objections to the Supreme Council for reconsideration and voting no later than two weeks after the law is submitted for signature. If the Supreme Council, by a two-thirds majority of the total number of deputies of the Supreme Council, confirms its earlier decision, the President signs the law. A law that has not been returned within the specified period is considered signed.;

3) with the consent of the Supreme Council, appoints the Prime Minister, Deputy Prime Ministers of the Republic of Kazakhstan, Ministers of Foreign Affairs, Defense, Finance, Internal Affairs, Chairman of the National Security Committee and heads of diplomatic missions of the Republic of Kazakhstan; carries out general management of the activities of the Cabinet of Ministers; determines the composition of the Cabinet of Ministers on the proposal of the Prime Minister; forms and abolishes ministries, state committees and departments; cancels or suspends in whole or in part the acts of the Cabinet of Ministers, ministries, state committees and departments;

     4) form the Security Council and other consultative and advisory bodies;

     5) approves government programs;

     6) determines the procedure, terms and conditions for the functioning of the national currency;

     7) after consultations with the Supreme Council, decides on holding a referendum.;

     8) represents the Republic of Kazakhstan in international relations; negotiates and signs international treaties of the Republic of Kazakhstan, ensures compliance with treaties concluded by the Republic and obligations assumed by it;

     9) accepts credentials and letters of recall from diplomatic and other representatives of foreign states accredited to him;

     10) addresses messages to the people of the Republic of Kazakhstan and its Supreme Council, submits annual reports on the situation of the Republic to the Supreme Council and periodically informs it about the most important issues of domestic and foreign policy activities of the Republic of Kazakhstan;

     11) submits to the Supreme Council of the Republic the candidacies of the Chairman and judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, the Prosecutor General, the Chairman of the National Bank of the Republic of Kazakhstan; enters with representations to the Supreme Council on their release from duties;

     12) takes measures to strengthen the defense capability of the state and is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan;

     13) awards state awards of the Republic of Kazakhstan, assigns the highest diplomatic ranks and military ranks, honorary and special titles of the Republic of Kazakhstan;

     14) resolves issues of citizenship of the Republic of Kazakhstan and granting political asylum in accordance with the law.;

     15) grants pardons to citizens;

     16) in accordance with the law, as a temporary measure solely to ensure the safety of citizens and the protection of the constitutional order, introduces a state of emergency;

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

     The President of the Republic of Kazakhstan has no right to delegate his powers as head of state to any bodies and officials.

     Article 79. The President of the Republic, on the basis of and in pursuance of the Constitution and laws of the Republic of Kazakhstan, issues decrees, resolutions and orders that are binding on the entire territory of the Republic.

     Article 80. The President of the Republic of Kazakhstan is inviolable.

     Article 81. The Vice-President of the Republic of Kazakhstan is elected together with the President of the Republic and, under his authority, performs certain functions of the President and replaces him in case of absence or inability of the President to perform his duties.

     The Vice-President may not be a deputy of the representative body of the Republic, hold positions in other state bodies and public associations, or carry out entrepreneurial activities.

     The Vice President is inviolable.

     Article 82. The President and Vice-President of the Republic have the right to resign if, in their opinion, it is impossible to continue exercising their powers.

     The resignation of the President is considered accepted if at least 2/3 of the total number of deputies of the Supreme Council are in favor of it.

     Article 83. In the event of the resignation of the President of the Republic or his death, the powers of the President shall pass to the Vice-President. If the Vice-President is unable to assume the duties of the President, they pass to the Chairman of the Supreme Council. In these cases, the presidential election must be held within two months.

     In the event of the resignation of the Vice-President or his death, the President, in coordination with the Supreme Council, appoints the Vice-President.

Chapter 14. The Cabinet of Ministers

     Article 84. The Cabinet of Ministers is the Government of the Republic of Kazakhstan and is authorized to resolve issues of public administration. The legal status and competence of the Cabinet of Ministers is determined by the constitutional law.

     Members of the Cabinet of Ministers may not be deputies of a representative body, hold other positions in state bodies of the republic and public associations, or engage in entrepreneurial activities.

     Article 85. The Cabinet of Ministers is responsible to the President of the Republic of Kazakhstan.

     The Cabinet of Ministers resigns its powers to the newly elected President.

     The Cabinet of Ministers has the right to announce its resignation to the President of the Republic if it considers it impossible to carry out the functions assigned to it. Every member of the Cabinet of Ministers has the right to resign.

     Article 86. The Cabinet of Ministers, on the basis of and in pursuance of the Constitution and laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan, issues acts that are binding throughout the Republic.

     Article 87. The Prime Minister directly directs the activities of the Cabinet of Ministers, signs resolutions of the Cabinet of Ministers, issues orders, and performs other functions assigned to him.

     Article 88. Members of the Cabinet of Ministers are responsible to the Supreme Council for the implementation of the laws of the Republic of Kazakhstan.

     The Supreme Council of the Republic has the right to hear the report of any member of the Cabinet of Ministers on the implementation of the laws of the Republic of Kazakhstan. In case of violation by a member of the Cabinet of Ministers of the Constitution and laws of the Republic, the Supreme Council has the right to raise before the President of the Republic the issue of his early dismissal from office.

Chapter 15.Territorial organization of the State and local government

     Article 89. For the purposes of State administration, the territory of the Republic of Kazakhstan is divided into administrative-territorial units established by law.

     Article 90. Administrative-territorial units are independent in the management of local affairs, subject to the restrictions established by the laws of the Republic.

     The resolution of issues of local importance is carried out by local representative and executive bodies.

     They ensure the implementation of the Constitution, laws, acts of the President and the Cabinet of Ministers of the Republic of Kazakhstan.

     Article 91. The representative bodies of the population of the respective administrative-territorial units are elected by the population for a term of five years.

     The competence of local representative bodies, the order of their organization and activities, the number of deputies and their legal status are established by law.

     Article 92. The head of a local executive body acts as the direct representative of the President of the Republic in the relevant administrative-territorial unit and performs state administration functions on its territory.

     The head of a local executive body is appointed and dismissed by the President or, respectively, by the head of a higher local executive body in accordance with the procedure established by law.

     The competence of the local executive body, the procedure for its organization and activities are established by law.

     Article 93. Local representative and executive bodies shall adopt decisions on matters within their competence that are binding on the relevant territory.

     Decisions of local representative bodies that do not comply with the Constitution and laws of the Republic of Kazakhstan may be annulled in a judicial or other manner prescribed by law.

     Decisions of local executive bodies may be overturned by a higher executive body or by the President of the Republic or by judicial procedure.

     Article 94. The powers of local representative bodies may be terminated prematurely by the Supreme Council of the Republic of Kazakhstan in accordance with the procedure and cases established by law.

Chapter 16. Courts

     Article 95. Judicial power in the Republic of Kazakhstan belongs to the Constitutional Court, the Supreme Court, the Supreme Arbitration Court and lower courts established by law.

     No other body, official or other person has the right to assume the functions of judicial power.

     The Constitutional Court is the highest judicial authority for the protection of the Constitution of the Republic of Kazakhstan.

     The Supreme Court and the Supreme Arbitration Court are the highest judicial authorities in matters of their competence and exercise judicial supervision over lower courts.

     The status of courts and judges of the Republic of Kazakhstan is determined by constitutional laws. The organization and procedure of the courts' activities are determined by law.

     The creation and establishment of extraordinary, special courts and judicial posts is not allowed.

     Article 96. Judicial power is exercised on behalf of the Republic of Kazakhstan and has as its purpose the protection of rights and freedoms, ensuring the supremacy of the Constitution of the Republic of Kazakhstan, legality and justice.

     Article 97. Judicial power extends to all cases and disputes arising on the basis of this Constitution, laws and other acts, international contractual and other obligations of the Republic of Kazakhstan.

     Article 98. The consideration of cases in courts is based on the principles of legality, directness, with respect for the language of the proceedings, in conditions of transparency, competition, equality of rights of the parties, independence of judges and their free assessment of evidence when making decisions.

The consideration of cases in a closed session is allowed when public proceedings will lead to the disclosure of state or commercial secrets, or when there is a need to protect the private or family life of citizens from publicity.

     Persons participating in the case who do not speak the language of the proceedings are provided with translation, as well as the right to speak in court in their native language.

     Cases in the courts are considered collectively. In cases directly specified in the law, cases may be considered by a judge alone.

     The procedure of judicial proceedings is determined by law.

     The creation of extraordinary forms of legal proceedings is not allowed.

     Article 99. The decisions and demands of the courts are binding on all bodies, enterprises, institutions, organizations, public associations, officials and citizens to whom they are addressed. Failure to comply with them entails liability under the law.

     Article 100. The term of office of judges of the Republic of Kazakhstan is ten years.

     Judges may be prematurely relieved of their duties only for health reasons that prevent them from participating in court proceedings, as well as at their own request.

     Judges may be prematurely deprived of their powers on the grounds and in accordance with the procedure established by law.

     Article 101. Judges are independent and subject only to the Constitution and laws of the Republic of Kazakhstan.

     The court has no right to apply a law that contradicts the Constitution of the Republic of Kazakhstan. If the court finds that a law or other normative act to be applied contradicts the Constitution of the Republic of Kazakhstan, it suspends the proceedings and applies to the Constitutional Court of the Republic of Kazakhstan with a motion declaring this law unconstitutional.

     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 the administration of justice in specific cases.

     Article 102. The position of a judge is incompatible with a deputy's mandate, with holding positions in other state bodies, membership in a public association pursuing political goals, and entrepreneurial activity.

     Article 103. Judges are inviolable: a judge cannot be arrested, brought before a court, or subjected to administrative penalties, or brought to criminal responsibility without the consent of the body that elected him. He may not be detained, except in cases of arrest at the scene of a crime.

     Article 104. The State guarantees the inviolability of judges, provides social, material and other guarantees of their independence, according to their status.

     Article 105. The right to professional legal assistance and protection is recognized at any stage of legal proceedings.

Chapter 17. The Prosecutor's Office

     Article 106. Supervision of the accurate and uniform enforcement of laws in the territory of the Republic of Kazakhstan is carried out by the Prosecutor's Office of the Republic of Kazakhstan within its competence.

     In cases and in accordance with the procedure provided for by law, the Prosecutor's office carries out criminal prosecution and participates in judicial proceedings.

     Article 107. The Prosecutor's Office exercises its powers independently of other State bodies and officials and is subject only to the law.

     The position of prosecutor is incompatible with a deputy's mandate, holding positions in other government bodies, membership in a public association pursuing political goals, and entrepreneurial activity.

     Article 108. The unified and centralized system of prosecutor's offices is headed by the Prosecutor General of the Republic of Kazakhstan, appointed by the Supreme Council for a five-year term. Subordinate prosecutors are appointed and dismissed by the Prosecutor General.

     The competence, structure, and procedure of the Prosecutor's office and the legal status of prosecutors are determined by law.

Chapter 18. Elections

     Article 109. Elections of deputies of the Supreme Council, the President, and deputies of local representative bodies are conducted on the basis of universal, equal, and direct suffrage by secret ballot.

     Article 110. Elections are universal: citizens of the Republic of Kazakhstan who have reached the age of 18 have the right to vote. Citizens who have been declared legally incompetent by a court, as well as persons held in places of deprivation of liberty, do not participate in elections.

     Article 111. Elections are equal: each voter has one vote, and candidates participate in elections on an equal basis.

     Article 112. Elections are direct: deputies of the Supreme Council, the President, and deputies of local representative bodies are directly elected by citizens.

     Article 113. Voting in elections is secret: control over the expression of the will of voters is not allowed.

     Article 114. A citizen of the Republic of Kazakhstan who is not younger than thirty-five and not older than sixty-five years old, has permanently resided in the territory of the Republic of Kazakhstan for at least ten years, and has a perfect command of the state language, may be elected President.

     A citizen of the Republic of Kazakhstan who has permanently resided in the territory of the Republic of Kazakhstan for at least ten years and speaks the state language may be elected Vice-President.

     The Vice-President of the Republic is elected together with the President of the Republic of Kazakhstan.

     Article 115. A citizen of the republic who has reached the age of 25 may be elected a deputy of the Supreme Council of the Republic of Kazakhstan, and a deputy of a local representative body may be elected for 20 years.

     A citizen of the Republic of Kazakhstan may be a deputy of only one representative body of the Republic of Kazakhstan.

     Article 116. Elections of the President of the Republic of Kazakhstan are held on the first Sunday of December and may not coincide with the election of a new composition of the Supreme Council of the Republic of Kazakhstan.

     Article 117. Preparations for the elections are carried out openly and publicly.

     Citizens, as well as political parties and other public associations registered in accordance with the procedure established by law, are guaranteed the opportunity to freely nominate candidates, and comprehensively discuss and campaign for or against them.

     Article 118. The procedure for the preparation of elections of deputies of the Supreme Council, the President, deputies of local representative bodies and the powers of election commissions are determined by constitutional laws.

Chapter 19. Finance

     Article 119. The financial system of the Republic of Kazakhstan consists of the budget and financial resources of state-owned enterprises, institutions and organizations.

     The Supreme Council of the Republic may establish special-purpose financial funds and determine the sources of their formation.

     Article 120. The budget system of the Republic of Kazakhstan consists of the republican and local budgets.

     The Republic of Kazakhstan has a unified fiscal, tax, monetary, currency and pricing policy; there is a unified tax service.

     Article 121. The banking system in the Republic of Kazakhstan consists of the National Bank of the Republic of Kazakhstan, accountable to the Supreme Council and the President of the Republic, as well as other state and private banks.

     Article 122. The State creates special monetary funds intended for economic, social, pension, medical and other types of state support.

     Article 123. The State provides assistance to the development of non-governmental forms of insurance and banking.

Chapter 20. Defense and security

     Article 124. The protection of the sovereignty and territorial integrity of the Republic of Kazakhstan is carried out by its Armed Forces.

     The organization of the Armed Forces, the order of military service and the status of the Republic's military personnel are determined by law.

     Article 125. The protection of State and public security and law and order is entrusted to the internal affairs bodies, national security and the Republican Guard. Their status and activities are determined by law.

     Article 126. The use of the Armed Forces, the Republican Guard, internal affairs and national security bodies for the purpose of obstructing or unlawfully restricting the activities of State authorities, the rights and freedoms of citizens, as well as for other unconstitutional purposes is prohibited.

SECTION IV.GUARANTEES OF COMPLIANCE WITH THE CONSTITUTION

Chapter 21. Ensuring the stability of the Constitution and protecting its provisions

     Article 127. The implementation of the principles and provisions of the Constitution of the Republic of Kazakhstan is ensured by the democratic organization of society and the State, the supreme legal force of the Constitution, and the rule of law.

     Article 128. The stability of the Constitution is ensured by a special procedure for its amendment and the procedure for reviewing certain constitutional provisions, as well as constitutional laws.

     Article 129. Amendments and additions to the Constitution are introduced by at least two thirds of the votes of the total number of deputies of the Supreme Council.

     Amendments concerning the foundations of the constitutional order are introduced by at least three-quarters of the votes of the total number of deputies of the Supreme Council.

     The laws called constitutional in the Constitution of the Republic of Kazakhstan are adopted by the Supreme Council by at least two thirds of the votes of the total number of deputies of the Supreme Council.

     Article 130. Judicial protection of the Constitution and ensuring its supremacy are entrusted to the Constitutional Court of the Republic of Kazakhstan, which considers claims for compliance with the Constitution of the Republic of Kazakhstan, laws and other acts, international treaties and other obligations of the Republic of Kazakhstan.

     Article 131. The establishment of unconstitutionality of laws and other acts by the Constitutional Court cancels their effect on the territory of the Republic of Kazakhstan, as well as cancels the effect of other normative and other acts based on an act recognized as unconstitutional.

     The establishment of the unconstitutionality of international contractual and other obligations of the Republic of Kazakhstan that have not entered into force by the Constitutional Court means their invalidity for the Republic of Kazakhstan.

The decisions of the Constitutional Court shall enter into force from the moment of adoption, unless the President or Chairman of the Supreme Council of the Republic of Kazakhstan submits to the Constitutional Court an objection to the decision of the Constitutional Court within ten days from the date of its adoption.

     If the President or the Chairman of the Supreme Council of the Republic of Kazakhstan submits an objection to the decision of the Constitutional Court, the decision of the Constitutional Court is suspended.

     If the Constitutional Court, by a majority of at least two thirds of the total number of judges, confirms the previously adopted resolution, it shall enter into force from the moment of its adoption.

     The decisions of the Constitutional Court are final and are not subject to appeal.

TRANSITIONAL PROVISIONS I.General provisions

     Article 1. These transitional provisions are an integral part of the Constitution of the Republic of Kazakhstan and are aimed at the consistent implementation of its provisions.

     Article 2. On the date of entry into force of the Constitution of the Republic of Kazakhstan, the Constitution (Basic Law) of the Kazakh SSR of 1978, with its subsequent amendments and additions, with the exception of art. 98, 100, 104, 105, 110, 113 The Constitutions of the Kazakh SSR, which are valid until the expiration of the term of office of the Supreme Council of the Republic of Kazakhstan of the twelfth convocation.

     Article 3. Certain provisions of the Constitution of the Republic of Kazakhstan shall enter into force in accordance with the procedure and terms established in these transitional provisions.

II.About the legislation

     Article 4. To create conditions for the free and free study of the state language for the transitional period, during this period, office work in the Republic of Kazakhstan is conducted in Kazakh and Russian.

     Article 5. Laws called constitutional in the Constitution of the Republic of Kazakhstan must be adopted within one year after its entry into force, with the exception of:

     constitutional laws on the Supreme Council of the Republic of Kazakhstan, on the status of a deputy of the Supreme Council of the Republic of Kazakhstan and on elections of deputies of the Supreme Council and local representative bodies of the Republic of Kazakhstan, which must be adopted no later than July 1, 1994;

     if the laws called constitutional in the Constitution of the Republic of Kazakhstan were adopted at the time of entry into force of the Constitution of the Republic of Kazakhstan, they are brought into line with it and are considered constitutional.

     Other laws mentioned in the Constitution of the Republic of Kazakhstan must be adopted in accordance with the procedure and terms determined by the Supreme Council, but no later than two years after its entry into force. If such laws were in force at the time of entry into force of this Constitution, they shall be brought into line with it.

     Article 6. Within two years after the entry into force of the Constitution of the Republic of Kazakhstan, laws and other normative acts, as well as acts of local representative and executive bodies of the Republic, must be brought into line with it. Until then, they continue to operate, since they do not contradict this Constitution.

     Article 7. The laws and other normative acts of the USSR shall be applied on the territory of the Republic of Kazakhstan until the adoption of the relevant laws and other normative acts of the Republic and only to the extent that they do not contradict this Constitution and the laws of the Republic of Kazakhstan.

     International treaties of the USSR are applied on the territory of the Republic of Kazakhstan, as they do not contradict the Constitution, laws and international treaties of the Republic of Kazakhstan. The conflicting provisions of these agreements shall be terminated in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

III.About the State, its organs and institutions

     Article 8. The provisions of Article 69 of the Constitution of the Republic of Kazakhstan come into force from the opening of the first session of the Supreme Council of the new convocation.

     The second part of Article 115 of this Constitution comes into force from the moment of the opening of the first sessions of the local representative bodies of the new convocation.

     Article 9. The Supreme Council of the Republic of Kazakhstan of the 12th convocation, elected in accordance with the legislation in force at the time of entry into force of the Constitution of the Republic of Kazakhstan, shall exercise its powers until the expiration of the term for which it was elected.

     Article 10. The President and Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Kazakh SSR in force at the time of entry into force of this Constitution, shall retain their powers until the next presidential election. At the same time, the provision of the Constitution of the Republic of Kazakhstan that a person cannot be President for more than two consecutive terms applies to the President of the Republic of Kazakhstan.

     Article 11. Upon the entry into force of this Constitution, the Cabinet of Ministers of the Republic of Kazakhstan retains its powers until the formation of a new Cabinet of Ministers.

     Article 12. The laws governing the organization and activities of courts, prosecutors, and law enforcement agencies in force at the time of entry into force of the Constitution of the Republic of Kazakhstan are applied because they do not contradict its provisions.

     Article 13. This Constitution comes into force from the moment of its signing.

Adopted on January 28, 1993 at the ninth session of the Supreme Council of the Republic of Kazakhstan of the twelfth convocation.

President    

Republic of Kazakhstan     

N. NAZARBAYEV

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