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Constitution of Kazakhstan

Constitution of the Republic of Kazakhstan

Non-official translation Constitution adopted on August 30, 1995 at the republican referendum

Unofficial translation

We, the people of Kazakhstan,

united by a common historic fate,

creating a state on the indigenous

Kazakh land,

considering ourselves a peace-loving and

civil society,

committed to the ideals of freedom, equality

and concord,

wishing to take a worthy place in the world

community,

realizing our high responsibility

before the present and future generations,

proceeding from our sovereign right,

adopt this Constitution.

Section I

General Provisions

Article 1

1. The Republic of Kazakhstan proclaims itself as a democratic, secular, legal and

social state whose highest values are: an individual, his life, rights and freedoms.

2. The fundamental principles of the activity of the Republic are: public concord

and political stability; economic development for the benefit of all the nation;

Kazakhstan patriotism and resolution of the most important issues of the affairs of

state by democratic methods including voting at the republican referendum or in the

Parliament.

Footnote, See the resolution of the Constitutional Council of the Republic of

Kazakhstan dated on December 21, 2001 N 18/2.

Article 2 1. The Republic of Kazakhstan is a unitary state with a presidential form of

government.

2. The sovereignty of the Republic shall cover the whole of its territory. The

state shall ensure the integrity, inviolability and inalienability of its territory.

3. The administrative-territorial division of the Republic, the status of its

capital shall be determined by the law. The Capital of Kazakhstan is Astana city.

4. The names "Republic of Kazakhstan" and "Kazakhstan" shall be equal.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on April 23, 2003 N 4. Article 2, as amended by the Law of the

Republic of Kazakhstan, dated on May 21 2007 N254 (shall be enforced from the date of

its official publication).

Article 3

1. The people shall be the only source of state power.

2. The people shall exercise power directly through the all-nation referendum and

free elections, as well as delegate the execution of their power to state institutions.

3. Nobody shall have the right to arrogate the power in the Republic of

Kazakhstan. Arrogation of power shall be persecuted by law. The right to act on behalf

of the people and the state shall belong to the President as well as to the Parliament

of the Republic within the limits of the constitutional powers. The government and other

state bodies shall act on behalf of the state only within the limits of their delegated

authorities.

4. The state power in the Republic of Kazakhstan shall be unified and executed on

the basis of the Constitution and laws in accordance with the principle of its division

into the legislative, executive and judicial branches and a system of checks and

balances, which governs their interaction.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on April 12, 2011 N 1/2.

Article 4

1. The provisions of the Constitution, the laws corresponding to it, other

regulatory legal acts, international treaty and other commitments of the Republic as

well as regulatory resolutions of Constitutional Council and the Supreme Court of the

Republic shall be the functioning law in the Republic of Kazakhstan.

2. The Constitution shall have the highest juridical force and direct effect on

the entire territory of the Republic.

3. International treaties ratified by the Republic shall have priority over its

laws and be directly implemented except in cases, when the application of an

international treaty requires the issuance of law.

4. All laws, international treaties of which the Republic is a party, shall be

published. Official publication of regulatory legal acts, dealing with the rights,

freedoms and responsibilities of citizens shall be the necessary condition for their

application.

Footnote: See the regulatory decisions of the Constitutional Council of the

Republic of Kazakhstan dated on 10.11.2000 N 18, dated on 11.05.2009 ? 6.

Article 5 1. The Republic of Kazakhstan shall recognize ideological and political diversity.

The formation of political party organizations in state bodies shall not be permitted.

2. Public associations shall be equal before the law. Illegal interference of the

state in the affairs of public associations, and of public associations in the affairs

of the state, imposing the functions of state institutions on public associations shall

not be permitted.

3. Formation and functioning of public associations pursuing the goals or actions

directed toward a violent change of the constitutional system, violation of the

integrity of the Republic, undermining the security of the state, inciting social,

racial, national, religious, and tribal enmity, as well as formation of unauthorized

paramilitary units shall be prohibited.

4. Activities of political parties and trade unions of other states, religious

parties as well as financing political parties and trade unions by foreign legal

entities and citizens, foreign states and international organizations shall not be

permitted in the Republic.

5. Activities of foreign religious associations on the territory of the Republic

as well as appointment of heads of religious associations in the Republic by foreign

religious centers shall be carried out in coordination with the respective state

institutions of the Republic.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on June 7, 2000 N 4/2. Article 5, as amended by the Law of the

Republic of Kazakhstan, dated on May 21 2007 N254 (shall be enforced from the date of

its official publication).

Article 6

1. The Republic of Kazakhstan shall recognize by the same token protect state and

private property.

2. Property shall impose obligations, and its use must simultaneously benefit the

society. Subjects and objects of ownership, the scope and limits of the rights of

proprietors, and guarantees of their protection shall be determined by law.

3. The land and underground resources, waters, flora and fauna, other natural

resources shall be owned by the state. The land may also be privately owned on terms,

conditions and within the limits established by legislation.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on November 3, 1999 N19/24; the resolution of the Constitutional

Council of the Republic of Kazakhstan, dated on April, 12 2001 N 1/2; the resolution of

the Constitutional Council of the Republic of Kazakhstan, dated on April 13, 2000 N2/2;

dated on April 23, 2003 N 4.

Article 7

1. The state language of the Republic of Kazakhstan shall be the Kazak language.

2. In state institutions and local self-administrative bodies, the Russian

language shall be officially used on equal grounds along with the Kazak language.

3. The state shall promote conditions for the study and development of the

languages of the people of Kazakhstan.

Article 8 The Republic of Kazakhstan shall respect principles and norms of international

law, pursue the policy of cooperation and good-neighborly relations between states,

their equality and non-interference in each other’s domestic affairs, peaceful

settlement of international disputes and renounce the first use of the military force.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on April 2001 N1/2.

Article 9

The Republic of Kazakhstan shall have its state symbols - the flag, emblem and

anthem. Their description and order of official use shall be established by the

constitutional law.

Section II The Individual and Citizen

Article 10 1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated, as

prescribed by the law, shall be indivisible and equal regardless of the grounds of its

acquisition.

2. A citizen of the Republic of Kazakhstan under no circumstances may be deprived

of citizenship of the right to change his citizenship, and may not be exiled from the

territory of Kazakhstan.

3. Foreign citizenship of a citizen of the Republic shall not be recognized.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on December 1, N 12.

Article 11

1. A citizen of the Republic of Kazakhstan may not be extradited to a foreign

state, unless otherwise stipulated by international treaties of the Republic.

2. The Republic shall guarantee its citizens protection and patronage outside its

boundaries.

Article 12

1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and

guaranteed in accordance with this Constitution.

2. Human rights and freedoms shall belong to everyone by virtue of birth, be

recognized as absolute and inalienable, and define the contents and implementation of

laws and other regulatory legal acts.

3. Every citizen of the Republic shall have rights and bear responsibilities owing

to his citizenship.

4. Foreigners and stateless people in the Republic shall enjoy rights and freedoms

as well as bear responsibilities, established for the citizens unless otherwise

stipulated by the Constitution, laws and international treaties.

5. Exercise of a citizen’s human rights and freedoms must not violate rights and

freedoms of other people, infringe on the constitutional system and public morals.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on December 2, 2003 N12; See the resolution of the Constitutional

Council of the Republic of Kazakhstan, dated on 04/18/2007 N 4;

Article 13 1. Legal personality of everyone shall be recognized and everyone shall have the

right to protect his rights and freedoms with all means not contradicting the law,

including self-defense.

2. Everyone shall have the right to judicial defense of his rights and freedoms.

3. Everyone shall have the right to take qualified legal assistance. In cases

stipulated by law, legal assistance shall be provided free of charge.

Footnote: See the resolution of the Constitutional Council of the Republic

Kazakhstan, dated on March 29, 1999 N 7/2; the resolution of the Constitutional Council

of the Republic of Kazakhstan, dated on February 15, 2002 N 1;

Article 14 1. Everyone shall be equal before the law and court.

2. No one shall be subject to any discrimination for reasons of origin, social,

property status, occupation, sex, race, nationality, language, attitude towards

religion, convictions, place of residence or any other circumstances.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on March 10, 1999 N 2/2; the resolution of the Constitutional Council

of the Republic of Kazakhstan, dated on March 29, 1999 N 7/2.

Article 15 1. Everyone shall have the right to life.

2. No one shall have the right to arbitrarily deprive life of a person. The death

penalty shall be established by law, as an exceptional punishment for terroristic

crimes, resorting to lethal force, and also for especially grave crimes, committed in

wartime, with granting to a sentenced person a right to appeal for pardon.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated January 30, 2003 N 10; Article 15, as amended by the Law of Republic

of Kazakhstan, dated May 21, 2007 N 254 (shall be enforced from the date of its official

publication).

Article 16

1. Everyone shall have the right to personal freedom.

2. Arrest and detention shall be allowed only in cases stipulated by law and with

the sanction of a court with right of appeal of an arrested person. Without the sanction

of a court, a person may be detained for a term no more than seventy-two hours.

3. Every person detained, arrested and accused of committing a crime shall have

the right to the assistance of a defense lawyer (defender) from the moment of detention,

arrest or accusation.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on December 31, 2003 N 13; Article 16, as amended by the Law of

Republic of Kazakhstan, dated on May 21, 2007 N 254 (shall be enforced from the date of

its official publication).

Article 17

1. A person’s dignity shall be inviolable.

2. No one must be subject to torture, violence or other treatment and punishment

that is cruel or humiliating to human dignity.

Article 18

1. Everyone shall have the right to inviolability of private life, personal or

family secrets, protection of honor and dignity.

2. Everyone shall have the right to confidentiality of personal deposits and

savings, correspondence, telephone conversations, postal, telegraph and other messages.

Limitation of this right shall be permitted only in the cases and according to the

procedure directly established by law.

3. State bodies, public associations, officials, and the mass media must provide

every citizen with the possibility to become familiar with the documents, decisions and

other sources of information concerning his rights and interests.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on 08.20.2009 N5.

Article 19

1. Everyone shall have the right to determine and indicate or not to indicate his

national, party and religious affiliation.

2. Everyone shall have the right to use his native language and culture, to freely

choose the language of communication, education, instruction and creative activities.

Article 20 1. The freedom of speech and creative activities shall be guaranteed. Censorship

shall be prohibited.

2. Everyone shall have the right to freely receive and disseminate information by

any means not prohibited by law. The list of items constituting state secrets of the

Republic of Kazakhstan shall be determined by law.

3. Propaganda or agitation for the forcible change of the constitutional system,

violation of the integrity of the Republic, undermining of state security, and

advocating war, social, racial, national, religious, and clannish superiority as well as

the cult of cruelty and violence, shall not be allowed.

Article 21 1. Everyone who has a legal right to stay on the territory of the Republic of

Kazakhstan shall have the right to freely move about its territory and freely choose a

place of residence, except in cases stipulated by law.

2. Everyone shall have the right to leave the territory of the Republic. Citizens

of the Republic shall have the right to freely return to the Republic.

Article 22

1. Everyone shall have the right to freedom of conscience.

2. The right to freedom of conscience must not specify or limit universal human

and civil rights and responsibilities before the state.

Article 23

1. Citizens of the Republic of Kazakhstan shall have the right to freedom of

forming associations. The activities of public associations shall be regulated by law.

2. The military, employees of national security, law-enforcement bodies and judges

must abstain from membership in political parties, trade unions, and actions in support

of any political party.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on July 5, 2000 N 13/2.

Article 24

1. Everyone shall have the right to freedom of labor, and the free choice of

occupation and profession. Involuntary labor shall be permitted only on a sentence of

court or in the conditions of a state of emergency or martial law.

2. Everyone shall have the right to safe and hygienic working conditions, to just

remuneration for labor without discrimination, as well as to social protection against

unemployment.

3. The right to individual and collective labor disputes with the use of methods

for resolving them, stipulated by law including the right to strike, and shall be

recognized.

4. Everyone shall have the right to rest. Working labor agreements stipulating the

length of working time, days-off and holidays, and paid annual leave shall be guaranteed

by law.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on March 10, N 2/2

Article 25

1. Housing shall be inviolable. Deprivation of housing shall not be permitted

unless otherwise stipulated by a court decision. Penetration into housing, its

inspection and search shall be permitted only in cases and according to the procedure

stipulated by law.

2. Conditions shall be created in the Republic of Kazakhstan to provide citizens

with housing. Citizens in need of housing shall be categorized in a manner, to be

prescribed by law and provided with housing at an affordable price from the state

housing funds in accordance with the norms stipulated by law.

Article 26 1. Citizens of the Republic of Kazakhstan may privately own any legally acquired

property.

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

3. No one may be deprived of his property, unless otherwise stipulated by a court

decision. Forcible alienation of property for the public use in extraordinary cases

stipulated by law may be exercised on condition of its equivalent compensation.

4. Everyone shall have the right to freedom of entrepreneurial activity, and free

use of his property for any legal entrepreneurial activity. Monopolistic activity shall

be regulated and limited by law. Unfair competition shall be prohibited.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on June 16, 2000 N 6/2; the resolution of the Constitutional Council

of the Republic of Kazakhstan, dated on December 20, 2000 N 21/2; the resolution of the

Constitutional Council of the Republic of Kazakhstan, dated on July 1, 2005 N 4.

Article 27 1. Marriage and family, motherhood, fatherhood and childhood shall be under the

protection of the state.

2. Care of children and their upbringing shall be a natural right and

responsibility of parents.

3. Able-bodied children of age must take care of their disabled parents.

Article 28

1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and

pension, and guaranteed social security in old age, in case of disease, disability or

loss of a breadwinner and other legal grounds.

2. Voluntary social insurance, creation of additional forms of social security,

and charity shall be encouraged.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on March 12, 1999 N3/2.

Article 29

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

health.

2. Citizens of the Republic shall be entitled to free, guaranteed, extensive

medical assistance established by law.

3. Paid medical treatment shall be provided by state and private medical

institutions, as well as by people engaged in private medical practice on the terms and

according to the procedures, stipulated by law.

Article 30

1. The citizens shall be guaranteed free secondary education in state educational

establishments. Secondary education shall be obligatory.

2. A citizen shall have the right to receive on a competitive basis a higher

education in a state higher educational establishment.

3. The citizens shall have the right to pay and receive an education in private

educational establishments on the basis and terms, established by law.

4. The state shall set uniform compulsory standards in education. The activity of

any educational establishment must comply with these standards.

Article 31

1. The state shall set an objective to protect the environment, favorable for the

life and health of the person.

2. Officials shall be held accountable for the concealment of facts and

circumstances endangering the life and health of the people in accordance with law.

Article 32 Citizens of the Republic of Kazakhstan shall have the right to peacefully and

without arms assemble, hold meetings, rallies and demonstrations, street processions and

pickets. The use of this right may be restricted by law in the interests of state

security, public order, and protection of health, rights and freedoms of other persons.

Article 33 1. Citizens of the Republic of Kazakhstan shall have the right to participate in

the government of the state’s affairs directly and through their representatives, to

address personally as well as to direct individual and collective appeals to public and

local self-administrative bodies.

2. Citizens of the Republic shall have the right to elect and be elected into

public and local self-administrations as well as to participate in an all-nation

referendum.

3. The right to elect and be elected, to participate in the all-nation referendum

shall not extend to the citizens judged incapable by a court as well as those held in

places of confinement on a court’s sentence.

4. Citizens of the Republic shall have the equal right to serve in a public

office. The requirements for candidates for public offices shall be conditioned only by

the character of the office duties and shall be established by law.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on October 7, 1998 N 284.

Article 34 1. Everyone must observe the Constitution, legislation of the Republic of

Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.

2. Everyone must respect the state symbols of the Republic.

Article 35

Payment of legally established taxes, fees and other obligatory payments shall

be a duty and responsibility of everyone.

Article 36 1. Defense of the Republic of Kazakhstan shall be a sacred duty and responsibility

of its every citizen.

2. Citizens of the Republic shall perform military service according to the

procedure and in the forms established by law.

Article 37

Citizens of the Republic of Kazakhstan must care for the protection of

historical and cultural heritage, and preserve monuments of history and culture.

Article 38 Citizens of the Republic of Kazakhstan must preserve nature and protect natural

resources.

Article 39

1. Rights and freedoms of an individual and citizen may be limited only by laws

and only to the extent necessary for protection of the constitutional system, defense of

the public order, human rights and freedoms, health and morality of the population.

2. Any actions capable of upsetting interethnic concord shall be deemed

unconstitutional.

3. Any form of restrictions to the rights and freedoms of the citizens on

political grounds shall not be permitted. Rights and freedoms stipulated by articles 10-

11; 13-15 paragraph 1 of article 16; article 17; article 19; article 22; paragraph 2 of

article 26 of the Constitution shall not be restricted in any event.

Section III The President

Article 40 1. The President of the Republic of Kazakhstan shall be the head of the state, its

highest official determining the main guidelines of the domestic and foreign policy of

the state and representing Kazakhstan within the country and in international relations.

2. The President of the Republic shall be the symbol and guarantor of the unity of

the people and the state power, inviolability of the Constitution, rights and freedoms

of an individual and citizen.

3. The President of the Republic shall ensure by his arbitration, concerted

functioning of all branches of state power and responsibility of the institutions of

power before the people.

Article 41

1. The President of the Republic shall be elected by universal, equal and direct

suffrage under a secret ballot for a five-year term in accordance with the

Constitutional Law by the citizens of the Republic, who have come of age.

2. A citizen of the Republic shall be eligible for the office of the President of

the Republic of Kazakhstan if he is by birth not younger, than thirty-five and not

older, than sixty-five, and has a perfect command of the state language and has lived in

Kazakhstan for not less than fifteen years.

3. Regular elections of the President of the Republic shall be held on the first

Sunday of December and shall not coincide with the election of a new Parliament of the

Republic.

3-1. extraordinary presidential elections shall be assigned by the decision of the

President of the Republic and shall be held in the procedure and terms, established by

the Constitutional Law.

4. Is excluded by the Law of the Republic of Kazakhstan, dated on 07.10.1998 N 284

5. The candidate, who receives more than 50 percent of the votes of the

constituents, who have taken part in the election shall be deemed elected. If none of

the candidates receives the above number of votes, the second round of elections shall

be held between the two candidates, who have obtained the largest number of votes. The

candidate who receives the larger number of votes of the constituents, who have taken

part in the second round of elections shall be deemed elected.

Footnote: Article 41 as amended by laws of the Republic of Kazakhstan, dated on

07.10.1998 N 284: See resolutions of the Constitutional Council of the Republic of

Kazakhstan, dated on 09.10.1998 N 9/2; dated on 19.08.2005 N 5; dated on 21.05.2007 N

254 (shall be enforced from the day of its official publication); dated on 02.02.2011 ?

403-IV (shall be enforced from the day of its official publication).

Article 42

1. The President of the Republic of Kazakhstan shall take office from the moment

of swearing to the people the following oath: "I solemnly swear that I will faithfully

serve the people of Kazakhstan, strictly observe the Constitution and the laws of the

Republic of Kazakhstan, guarantee the rights and freedoms of the citizens, honestly

perform the high duties of the President of the Republic of Kazakhstan entrusted to me."

2. The oath shall be taken on the second Wednesday of January in a ceremonial

atmosphere in the presence of the deputies of Parliament, the members of the

Constitutional Council, the judges of the Supreme Court, as well as all former

Presidents of the Republic. In the case, stipulated by article 48 of the Constitution,

the person who assumes the powers of the President of the Republic of Kazakhstan shall

take the oath within one month from the day of assumption of the powers of the President

of the Republic.

3. The powers of the President of the Republic shall terminate from the moment,

the newly elected President of the Republic takes office as well as in the case of early

discharge from office, resignation or death. All former Presidents of the Republic,

except those who were discharged from office shall have the title of ex-President of the

Republic of Kazakhstan.

4. (The item is excluded by the Law of the Republic of Kazakhstan, dated on

October 7, 1998 N 284)

5. One and the same person may not be elected to the President of the Republic

more than two times in a row.

This restriction shall not apply to the First President of the Republic of

Kazakhstan.

Footnote: Article 42, as amended by the Laws of the Republic of Kazakhstan, dated

on October 7, 1998N284; dated May 21, 2007N254 (Shall be enforced from the day of its

official publication.)

Article 43 1. The President of the Republic of Kazakhstan shall not have the right to be a

deputy of a representative body, occupy other paid positions and engage in

entrepreneurial activity.

2. (is excluded dated May 21, 2007 N 254)

Footnote: Article 43 as amended by the Law of the Republic of Kazakhstan, dated on

May 21, 2007 N 254 (shall be enforced from the day of its official publication).

Article 44

1. The President of the Republic of Kazakhstan shall:

1) Annually address the people of Kazakhstan with a message on the state of the

country and main guidelines of the domestic and foreign policy of the Republic of

Kazakhstan;

2) Appoint regular and extraordinary elections to the Parliament of the Republic

and its Chambers; convene the first session of Parliament and accept the oath of its

members to the people of Kazakhstan; call extraordinary joint sessions of the Chambers

of Parliament; sign laws submitted by the Senate of Parliament within a month,

promulgate the law or return the law or its separate articles for a second discussion

and vote;

3) after consultations with factions of the political parties, represented in the

Mazhilis of the Parliament submit the candidature of Prime Minister of the Republic of

Kazakhstan for approval by Mazhilis; appoint a Prime Minister of the Republic with the

consent of the Mazhilis of the Parliament; discharge him from office; pursuant to the

proposal of the Prime Minister determine the structure of the Government of the

Republic, form, abolish and reorganize central executive bodies of the Republic which

are not included into the Government, appoint to positions of the members of the

Republic’s Government; appoint to the positions of Ministers of Foreign Affairs,

Defense, Interior Affairs, Justice; discharge from office members of the Government;

accept the oath of the members of the Government; chair the sessions of the Government

on especially important issues; charge the Government with bringing a bill into the

Mazhilis of Parliament; repeal or suspend completely or partially the effect of the acts

of the Government and Prime Minister of the Republic, akims of the regions, cities of

the Republic significance and the capital;

4) Appoint to the positions of the Chairperson of the National Bank, Prosecutor

General and Chairperson of the Committee of National Security of the Republic with the

consent of the Senate of Parliament with the Parliament's consent; discharge them from

office;

5) Create, abolish and reorganize national bodies which are directly subordinate

and accountable to the President of the Republic,

6) Appoint and recall the heads of diplomatic representative offices of the

Republic;

7) Appoint the Chairperson and two members of the Central Election Commission, the

Chairperson and two members of the Estimation Committee for Control over Implementation

of the Republican Budget for a five year term;

8) Approve national programs of the Republic;

9) approve the unified system of financing and labour payment for all bodies

financed by the national budget of the Republic pursuant to the proposal of the Prime

Minister of the Republic;

10) Adopt a resolution on conduct of the national referendum;

11) Conduct negotiations and sign international treaties of the Republic; sign

ratification instruments; letters of credentials and recall from diplomatic and other

representatives of foreign states accredited to him;

12) Act as the Commander-in-Chief of the Armed Forces of the Republic, appoint and

discharge from office the highest command of the Armed Forces;

13) Award state decorations of the Republic; confer honorary, highest military and

other ranks, ranked positions, diplomatic ranks and qualification degrees;

14) Resolve issues of citizenship of the Republic, and granting of political

asylum;

15) Exercise pardon of citizens;

16) in the event of a serious and immediate threat to the democratic institutions

of the Republic, its independence and territorial integrity, political stability of the

Republic, security of its citizens and the disruption of normal functioning of the

Constitutional bodies of the state, after official consultations with Prime Minister and

Chairpersons of the Parliamentary Chambers of the Republic take measures dictated by the

above circumstances including imposition of a state of emergency on the entire territory

and in particular areas of Kazakhstan, and immediately inform the Parliament of the use

of the Armed Forces of the Republic;

17) in the case of aggression against the Republic or immediate external threat to

its security, the President shall impose martial law on the entire territory of the

Republic or in its particular areas, declare a partial or total mobilization and

immediately inform the Parliament of the Republic about it;

18) Form the Republican Guard and the Presidential Guard subordinated to the

President;

19) Appoint to and discharge from office the State Secretary of the Republic of

Kazakhstan, determine his status and powers; form the Administration of the President of

the Republic;

20) Form the Security Council and other consultative and advisory bodies as well

as the Assembly of People of Kazakhstan and the Supreme Judicial Council;

21) Exercise other powers in accordance with the Constitution and the laws of the

Republic.

Footnote: Article 44 is amended by the Law of the Republic of Kazakhstan, dated on

October 7, 1998 N 284. See resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on June 30, 1999 N 10/2. See resolution of the Constitutional Council

of the Republic of Kazakhstan, dated on July 3, 2000 15/2. See resolution of the

Constitutional Council of the Republic of Kazakhstan, dated on November 12, 2001 N 14/2.

Article 44 as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 N

254 (shall be enforced from the day of its official publication).

Article 45

1. The President of the Republic of Kazakhstan, on the basis of and for the

exercise of the Constitution and the laws, shall issue decrees and resolutions which are

binding on the entire territory of the Republic.

2. In the case stipulated by subparagraph 4) of the Article 53 of the Constitution

the President of the Republic shall issue laws, and in the case stipulated by

subparagraph 2) of the Article 61 of the Constitution, the President of the Republic

shall issue decrees having the force of laws of the Republic.

3. The acts of Parliament signed by the President of the Republic as well as the

acts of the President issued on the initiative of the Government shall be preliminary

signed respectively by the Chairperson of each Parliament's Chambers or the Prime

Minister who shall be juridical responsible for the legality of these acts.

Footnote: See regulatory resolutions of the Constitutional Council of the

Republic of Kazakhstan, dated on 03.07.2000 ? 15/2; dated on 26.06.2008 N 5.

Article 46 1. The President of the Republic of Kazakhstan, his honour and dignity shall be

inviolable.

2. Provision, service, and guard of the President of the Republic and his family

shall be carried out at the state's expense.

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

4. Status and powers of the First President of Kazakhstan shall be determined by

the Constitution of the Republic and Constitutional Law.

Footnote: Article 46 as amended by the Law of the Republic of Kazakhstan, dated on

May 21, 2007 N 254 (shall be enforced from the day of its official publication).

Article 47 1. The President of the Republic of Kazakhstan may be prematurely discharged from

office in the case of continued incapacity to carry out his duties due to illness. In

this case, the Parliament shall form a commission consisting of equal numbers of

deputies from each Chamber and specialists in the corresponding areas of medicine. The

decision on early discharge shall be adopted at a joint sitting of the Parliament's

Chambers by the majority of no less than three-fourths from the total number of deputies

of each Chamber on the grounds of opinion of the commission and the Constitutional

Council on compliance with the established constitutional procedures.

2. The President of the Republic shall bear responsibility for the actions

performed, while carrying out his duties and only in the case of high treason may be

discharged from office by Parliament. The decision to bring an accusation and conduct

its investigation may be adopted by the majority of the deputies of the Mazhilis at the

initiative of no less, than one-third of the total number of its deputies. Investigation

of the accusation shall be organized by the Senate and its results shall be transferred

for consideration by the majority of votes of the total number of the deputies of the

Senate at a joint session of the Parliament's Chambers. The final decision of this issue

shall be adopted at the joint session of the Parliament's Chambers by the majority of no

less than three-fourths of the total number of the deputies of each Chamber if there is

opinion of the Supreme Court on the validity of the accusation and conclusion of the

Constitutional Council on compliance with the established constitutional procedures. The

failure to make a final decision within two months from the moment of the accusation

shall result in the recognition of rejection of the accusation against the President of

the Republic. Rejection of the accusation of the President of the Republic in commission

of high treason at any stage shall result in early termination of the powers of the

deputies of the Mazhilis, who initiated the consideration of this issue.

3. The issue of discharge of the President of the Republic from office may not be

initiated within the period of considering by him the issue on early termination of the

powers of the Parliament of the Republic or the Mazhilis of the Parliament.

Footnote: Article 47 as amended by the Law of the Republic of Kazakhstan, dated

on May 21, 2007 N 254 (shall be enforced from the day of its official publication).

Article 48

1. In case of early discharge or impeachment 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 shall be transmitted for the remaining period to the Chairperson of the

Senate of Parliament; if the Chairperson of the Senate is unable to assume the powers of

the President, they shall pass to the Chairperson of the Mazhilis of Parliament; if the

Chairperson of the Mazhilis is unable to assume the powers of the President, they shall

pass to the Prime Minister of the Republic. The person who assumes the powers of the

President of the Republic shall resign his powers respectively of the Chairperson of the

Senate, the Chairperson of the Mazhilis, the Prime Minister. In that case substitution

of vacant state offices shall be performed in accordance with the procedure stipulated

by the Constitution.

2. The person who assumes the powers of the President of the Republic of

Kazakhstan, by terms and in accordance with the procedure stipulated by paragraph 1 of

this article shall not have the right to initiate amendments and supplements to the

Constitution of the Republic of Kazakhstan.

Footnote: Article 48 in the wording of the Law of the Republic of Kazakhstan,

dated on October 7, 1998 N 284

Section IV Parliament

Article 49

1. Parliament of the Republic of Kazakhstan is the highest representative body of

the Republic performing legislative functions.

2. Parliament's powers shall begin from the opening of its first session and

terminate with the first session of the Parliament of a new convocation.

3. The powers of Parliament may be terminated early in cases and procedure

stipulated by the Constitution.

4. The organization and activity of Parliament, the legal status of its deputies

shall be determined by Constitutional Law.

Footnote: Article 49 is amended by the Law of the Republic of Kazakhstan, dated

on October 7, 1998 N 284. See Resolution of the Constitutional Council of the Republic

of Kazakhstan, dated on July 14, 1999 N 13/2.

Article 50 1. Parliament shall consist of two Chambers: the Senate and the Mazhilis, which

act on the permanent basis.

2. The Senate shall be composed of deputies in the procedure stipulated by

Constitutional Law representing by two individuals from each region, city of the

Republic, significance and capital of the Republic of Kazakhstan. Fifteen deputies of

the Senate shall be assigned by the President of the Republic, accounting the need of

provision of the representation of national cultural and other significant interests of

the society in the Senate

3. The Mazhilis shall consist of one hundred and seven deputies elected in the

procedure established by the Constitutional Law.

4. A deputy of Parliament may not be a member of both Chambers at the same time.

5. The term of powers of the Senate’s deputies shall be six years, and the term of

the deputies of the Mazhilis shall be five years.

Footnote: Article 50 is amended by the Law of the Republic of Kazakhstan, dated

October 7, 1998 N 284. See Resolution of the Constitutional Council of the Republic of

Kazakhstan, dated March 15, 1999 N 1/2; dated February 11, 2003 N 1; dated February 12,

2004 N 1. Article 50 as amended by the Law of the Republic of Kazakhstan, dated May 21,

2007 N 254 (shall be enforced from the day of its official publication).

Article 51

1. Election of the ninety eight deputies of the Mazhilis shall be carried out on

the basis of the universal, equal and direct suffrage by secret ballot. Nine deputies of

the Mazhilis shall be elected by the Assembly of the People of Kazakhstan. Regular

elections of the deputies of the Mazhilis shall be held no later than two months before

the expiry of term of powers of the current Parliament convocation.

2. The election of deputies of the Senate shall be carried out on the basis of

indirect suffrage by secret ballot. Half of the elected deputies of the Senate shall be

re-elected every three years. In this case, their regular elections shall be held no

later than two months before the expiry of their term of office.

3. Extraordinary elections of the deputies of Parliament or the Mazhilis of

Parliament shall be held within two months from the day of early termination of the

powers of the Parliament or the Mazhilis of the Parliament respectively.

4. A deputy of the Parliament may be a person who is a citizen of the Republic of

Kazakhstan and who has been a permanent resident for the last ten years on its

territory. A deputy of the Senate may be a person who has reached thirty years of age,

has a higher education and length of service of not less than five years, and has been a

permanent resident for not less than three years on the territory of the respective

region, city of the Republic significance or the capital of the Republic. A deputy of

the Mazhilis may be a person who has reached twenty-five years of age.

5. Elections of the deputies of the Parliament of the Republic shall be regulated

by the Constitutional Law.

6. A deputy of the Parliament shall take an oath to the people of Kazakhstan.

Footnote: Article 51 is amended by the Law of the Republic of Kazakhstan, dated

on October 7, 1998 N 284. See Resolution of the Constitutional Council of the Republic

of Kazakhstan, dated on March 18, 1999 N 5/2; dated on November 29, 1999 N 24/2; dated

on February 11, 2003 N 1. Article 51, as amended by the Law of the Republic of

Kazakhstan, dated on May 21, 2007 N 254 (shall be enforced from the day of its official

publication).

Article 52

1. (is excluded dated May 21, 2007 N 254).

2. The deputies of Parliament must take part in its work. Voting in the Parliament

shall be carried out by a deputy only in person. Absence of a deputy at sessions of the

Chambers and their bodies without good reasons for more than three times as well as

transferring the right to vote shall entail application of penalty measures established

by law to the deputy.

3. A deputy of Parliament shall have no right to be a deputy of another

representative body, occupy other paid positions, except teaching, research and creative

activities, engage in entrepreneurial activity, be a member of a governing body or a

supervisory board of a commercial organization. Violation of this rule shall entail the

termination of a deputy's powers.

4. A deputy of Parliament during the term of his office may not be arrested,

subject to detention, measures of administrative punishment imposed judicially, charged

with criminal liability without the consent of a respective Chamber except for the cases

of being detained at the scene of a crime or commission of serious crimes.

5. The powers of a deputy of the Parliament shall be terminated in cases of

resignation, his death, being recognized as incapable, dead or untraceable by valid

judgment of the court, and in other cases stipulated by the Constitution and the

Constitutional Law.

A deputy of the Parliament shall be deprived of his mandate in cases of:

1) His departure for permanent residence beyond the Republic of Kazakhstan;

2) The entry into force of the conviction of a court against him;

3) Loss of citizenship of the Republic of Kazakhstan.

A deputy of the Mazhilis of Parliament shall be deprived of his mandate in cases

of:

1) Withdrawal or expulsion of a deputy from a political party, from which, in

accordance with constitutional law, he has been elected;

2) Termination of a political party, from which, in accordance with constitutional

law, the deputy elected.

The powers of appointed deputies of the Senate of Parliament may be early

terminated by the decision of the President of the Republic.

The powers of the deputies of the Parliament and the Mazhilis of Parliament shall

be early terminated in cases of dissolution of the Parliament and the Mazhilis of

Parliament respectively.

6. Preparation of issues concerning the application of penalty measures to the

deputies, their compliance with the requirements of item 3 of this article, rules of the

deputy ethics, as well as termination of the deputies' powers and deprivation of their

powers and deputy inviolability, shall be imposed to the Central Election Commission of

the Republic of Kazakhstan.

Footnote: Article 52 is amended by the Law of the Republic of Kazakhstan, dated on

October 7, 1998 N 284; See Resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on May 17, 2001 N 7/2;Resolution of the Constitutional Council of the

Republic of Kazakhstan, dated on December 13, 2001 N 19/2; dated on January 30, 2003 N

10; dated February 11, 2003 N 1; dated May 12, 2003 N 5; dated on August 25, 2004 N 9.

Article 52, as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 N

254 (shall be enforced from the day of its official publication).

Article 53

Parliament at a joint session of the Chambers shall:

1) Introduce amendments and supplements to the Constitution pursuant to the

proposal of the President of the Republic of Kazakhstan;

2) Approve the reports of the Government and the Estimation Committee for Control

over Implementation of Republican Budget on the implementation of the national budget.

Disapproval by the Parliament of the Government report on the implementation of the

national budget meaning the expression of vote of non-confidence to the Government by

Parliament;

3) Have the right to delegate him legislative powers for a term not exceeding one

year by two-thirds of votes from total number of deputies of each Chamber pursuant to

the initiative of the President;

4) Decide issues of war and peace;

5) Make decision to use the Armed Forces of the Republic pursuant to the proposal

of the President of the Republic to fulfill international obligations for the

maintenance of peace and security;

6) Hear annual messages of the Constitutional Council on the state of the

constitutional legality in the Republic;

7) Form joint commissions of the Chambers, elect and discharge from office their

chairmen, hear reports on the activity of the commissions;

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

Footnote: Article 53 in the wording of the Law of the Republic of Kazakhstan,

dated on 21.05.2007 N 254 (shall be enforced from the day of its official publication;

see the regulatory resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on 26.06.2008 N 5.

Article 54

1. The Parliament at a separate session of the Chambers through consecutive

consideration of issues first in the Mazhilis and then in the Senate shall adopt

constitutional laws and laws as well as:

1) Approve the national budget, introduce it with amendments and supplements;

2) Establish and annul state taxes and dues;

3) Establish the procedure of resolving the issues of the administrative-

territorial division of the Republic of Kazakhstan;

4) Institute state awards, honorary, military and other titles, ranked positions,

diplomatic ranks of the Republic of Kazakhstan, and determine state symbols of the

Republic;

5) Decide issues of state loans and rendering of economic and other assistance by

the Republic;

6) Resolve issues of amnesty;

7) Ratify and denounce international treaties of the Republic.

2. The Parliament at a separate session of the Chambers through consecutive

consideration of issues first in the Mazhilis and then in the Senate shall:

1) Discuss reports on implementation of the national budget;

2) Conduct a repeated discussion and voting on the laws or articles of a law

caused objections of the President of the Republic within a month term from the day of

submission of the objections. Failure to comply with this term shall mean acceptance of

the President’s objections. If the Mazhilis or the Senate by two-thirds of the majority

vote from total number of the deputies of each Chamber approve the previous decision the

President within a month shall sign the law. If the President's objections are not

overcome at least by one of the Chambers, the law shall be considered as not adopted or

adopted in the wording proposed by the President. Objections of the Head of State to

constitutional laws adopted by the Parliament shall be considered in the procedure

stipulated by this sub-item. In this case the President's objections to the

constitutional laws shall be overcome by the Parliament at least by three-fourths of

votes from total number of the deputies of each Chamber.

3) Initiate assignment of the national referendum.

Footnote: Article 54 in the wording of the Law of the Republic of Kazakhstan,

dated on 21.05.2007 N 254 (shall be enforced from the day of its official publication);

see regulatory resolution of the Constitutional Council of the Republic of Kazakhstan,

dated on 15.10.2008 ? 8

Article 55 The following shall belong to exclusive jurisdiction of the Senate:

1) Election and discharge from office the Chairperson of the Supreme Court and

judges of the Supreme Court of the Republic pursuant to the proposal of the President of

the Republic of Kazakhstan, and acceptance of their oath;

2) Approval of the appointment of the Chairperson of the National Bank, Procurator

General and the Chairperson of the Committee of National Security by the President of

the Republic of Kazakhstan;

3) Deprivation of inviolability of the Procurator General, the Chairperson and

judges of the Supreme Court of the Republic;

4) (is excluded dated 21.05.2007 N 254);

5) Execution of the functions of Parliament of the Republic on adoption of the

constitutional laws and laws within the period of absence of the Mazhilis caused by the

early termination of its powers;

6) carrying out of other powers vested to the Senate of the Parliament by the

Constitution.

Footnote: See resolution of the Constitutional Council of the Republic of

Kazakhstan, dated July 5, 2000 N 11/2. Article 55 as amended by the Law of the Republic

of Kazakhstan, dated May 21, 2007 N 254 (shall be enforced from the day of its official

publication).

Article 56

1. The following belongs to exclusive jurisdiction of the Mazhilis:

1) Accepting of drafts of the constitutional laws and laws submitted by the

Parliament for consideration and consideration of these drafts;

2) Giving consent to the President on the appointment of the Prime-Minister of the

Republic by majority vote from the total number of deputies;

3) Announcing of the regular elections of the president of the Republic;

4) Carrying out of other powers vested to the Mazhilis of the Parliament by the

Constitution.

2. The Mazhilis shall have the right to pass a vote of no-confidence to the

Government by majority vote from total number of deputies of the Mazhilis pursuant to

the initiative of no less than one-fifths from total number of deputies of the Mazhilis.

Footnote: Article 56 in the wording of the Law of the Republic of Kazakhstan,

dated May 21, 2007 N 254 (shall be enforced from the day of its official publication).

Article 57

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

Chamber shall:

1) Appoint to office two members of the Constitutional Council; appoint to the

positions of two members of the Central Election Commission for a five-year term, three

members of the Estimation Committee for control over implementation of the national

budget;

2) Delegate half of the members of the commission formed by Parliament in the case

stipulated by Article 47.1 of the Constitution;

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

4) Terminate powers of the deputies of the Chambers, as well as resolve the issues

of depriving deputies of their deputy in violability pursuant to the proposal of the

Procurator General of the Republic of Kazakhstan;

5) Conduct Parliamentary hearings on the issues of its jurisdiction;

6) Have the right to hear reports of the members of the Government of the Republic

on the issues of their activity, pursuant to the initiative of no less than one-third

from the total number of the deputies of the Chamber; to adopt an appeal to the

President of the Republic of Kazakhstan to discharge a member of the Government from

office by majority vote from the total number of the deputies of the Chamber in the case

of non-compliance with the laws of the Republic. If the President of the Republic

rejects such an appeal, the deputies by the majority vote from the total number of

deputies of the Chamber shall have the right repeatedly raise the issue on discharge of

a member of the Government from office on the expiry of six months from the day of the

first appeal. In this case the President of the Republic shall discharge the member of

the Government from office;

7) Form coordinating and working bodies of the Chambers;

8) Adopt regulation of their activities and other decisions on the issues

connected with organization and the internal routine of the Chambers.

Footnote: Article 57 as amended by the Laws of the Republic of Kazakhstan, dated

on October 7, 1998 N 284; dated May 21, 2007 N 254(shall be enforced from the day of its

official publication).

Article 58 1. The Chambers shall be headed by their chairpersons who are elected by the

Senate and the Mazhilis from total number of the deputies who have a perfect command of

the state language, by secret ballot of majority vote from the total number of the

deputies of the Chambers. The candidacy for the position of the Chairperson of the

Senate shall be nominated by the President of the Republic of Kazakhstan. The

candidacies for the Chairperson of the Mazhilis shall be nominated by the deputies of

the Chamber.

2. The Chairpersons of the Chambers may be recalled from office as well as have

the right to submit their resignation if the majority from the total number of the

deputies of the Chambers have voted for it.

3. The Chairpersons of Parliament's Chambers shall:

1) Convene sessions of the Chambers and chair them;

2) Exercise general supervision of the preparation of the issues submitted for

Chaimbers’ consideration;

3) Nominate to the Chambers the candidacies for election to the positions of

Deputies of the Chambers’ Chairpersons;

4) Ensure the compliance with the regulation in the activity of the Chambers;

5) Supervise the activity of the coordinating bodies of the Chambers;

6) Sign acts issued by the Chambers;

7) Nominate to the Chambers the candidacies for appointment to the positions of

members of the Constitutional Council, the Central Election Commission, the Estimation

Committee for Control over implementation of the national budget;

8) Carry out other duties assigned to them by the Regulation of Parliament.

4. The Chairperson of the Mazhilis shall:

1) Open sessions of Parliament;

2) Convene regular joint sessions of the Chambers, chair regular and extraordinary

joint sessions of the Chambers.

5. The chairpersons of the Chambers shall issue instructions on the issues of

their jurisdiction.

Footnote: Article 58 as amended by the Laws of the Republic of Kazakhstan, dated

on May 21, 2007 N 254 (shall be enforced from the day of its official publication).

Article 59 1. Parliament’s sessions shall proceed in the form of joint and separate sessions

of its (chambers).

2. The first session of Parliament shall be convened by the President of the

Republic of Kazakhstan no later than thirty days from the day of publishing of the

election results.

3. Regular sessions of the Parliament shall be held once a year from the first

working day of September to the last working day of June.

4. Session of Parliament, as a rule, shall be opened by the President of the

Republic and closed at joint sessions of the Senate and Mazhilis. In the period between

Parliament’s sessions, the President of the Republic of Kazakhstan may call an

extraordinary session of the Parliament on his own initiative, at the suggestion of the

Chair - person’s of the Chambers or no less than one-thirds from the total number of the

deputies of the Parliament. Only the issues that were the reason for convocation shall

be reviewed at this session.

5. Joint and separate sessions of the Chambers shall be held on condition that no

less than two-thirds from the total number of the deputies of each Chamber are present.

6. Joint and separate sessions of the Chambers shall be open. In cases stipulated

by the procedural orders, sessions may be closed. The President of the Republic, the

Prime Minister and members of the Government, the Chairperson of National Bank, the

Procurator General, the Chair-person of the Committee of National Security shall have

the right to be present at any session and be heard.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on June 30, 1999 N 14/2, the resolution of the Constitutional Council

of Republic of Kazakhstan, dated on July 14, 1999 N 13/2. Article 59, as amended by the

Law of Republic of Kazakhstan dated on May 21, 2007 N 254 ??(shall be enforced from the

day of its official publication.)

Article 60 1. The Chambers shall form standing committees, the number of which shall not

exceed seven in each Chamber.

2. The Senate and Mazhilis shall have the right to form joint commissions on a

parity basis for solution of issues dealing with the joint activity of the Chambers.

3. The committees and commissions shall issue resolutions on items of their

jurisdictions.

4. The procedure of formation, the powers and organization of the activities of

the committees and commissions shall be determined by law.

Article 61

1. The right of a legislative initiative shall belong to the President of the

Republic, the Deputies of the Parliament, to the Government and shall be realized

exclusively in the Mazhilis.

2. The President of the Republic of Kazakhstan shall have the right to determine

priority consideration of draft of laws as well as to declare consideration of a draft

of law urgent signifying that Parliament must consider this draft within a month from

the day of its submission. If the Parliament does not meet this requirement, the

President of the Republic shall have the right to issue a decree having the force of law

which shall be in effect until Parliament adopts a new law as established by the

Constitution.

3. Parliament shall have the right to issue laws that regulate the most important

public relations, establish fundamental principles and standards dealing with:

1) legal capacity of individuals and legal entities, civil freedoms and rights,

obligations and responsibility of individuals and legal entities;

2) conditions of ownership and other rights of property;

3) foundations of organization and activity of state bodies and bodies of local

self-administration, state and military service;

4) taxation, establishment and levying of duties and other obligatory payments;

5) the republican budget;

6) issues of the judicial system and legal proceedings;

7) education, health care and social provision;

8) privatization of enterprises and their property;

9) environmental protection;

10) administrative-territorial structure of the Republic;

11) ensuring defense and security of the state. All other relations shall be

regulated by legislative acts.

4. A draft of law considered and approved by the majority of votes from the total

number of the deputies of the Mazhilis shall be transmitted to the Senate where it shall

be considered for no more than sixty days. A draft of law approved by the majority of

votes of the total number of deputies of the Senate shall become the law and shall be

submitted to the President to be signed within ten days. A draft of law rejected as a

whole by the majority of votes from the total number of the Senate’s deputies shall be

returned to the Mazhilis. If the Mazhilis approves the draft of law again by the

majority of two-thirds of votes from the total number of its deputies, it shall be

transferred to the Senate for a second discussion and voting. A twice -rejected draft

may not be submitted again during the same session.

5. Amendments and supplements to a draft of law proposed by the majority of votes

from the total number of the Senate’s deputies shall be sent to the Mazhilis. If the

Mazhilis by the majority of votes from the total number of its deputies agrees with the

proposed amendments and supplements, the law shall be deemed to be adopted. If the

Mazhilis by the same majority of votes objects to the amendments and supplements

proposed by the Senate, the disagreement between the Chambers shall be resolved through

conciliatory procedures.

5-1. the draft of the constitutional law considered and approved not less than

two-thirds of votes from the total number of the deputies of the Mazhilis shall be

transmitted to the Senate where it shall be considered for no more than sixty days.

Adopted not less than two-thirds of votes of total number of deputies of the Senate the

draft shall become the constitutional law and within ten days shall be submitted to the

President of the Republic for the signature. The rejecting the whole draft of the

constitutional law shall be carried out by Mazhilis or the Senate by the majority of

votes from total number of the deputies of the Chamber. Brought by the Senate not less

than two thirds of votes of its deputies, changes and supplements in the draft of the

constitutional law shall direct to Mazhilis. If the Mazhilis not less than two-thirds of

votes of its deputies shall agree with the changes brought by the Senate and

supplements, the constitutional law shall be considered accepted. If the Mazhilis, at

voting by the changes brought by the Senate and supplements shall be disagreed with

them, not less than two-thirds of votes of deputies’ disagreements between Chambers,

shall be resolved by conciliation procedures.

6. Drafts of law envisioning reduction of state revenues or increase in state

expenditures may be submitted only when supplied with the positive resolution of the

Government of the Republic. For drafts of the acts brought in Mazhilis of the Parliament

as the legislative initiative of the President of the Republic, presence of such

conclusion shall not be required.

7. In the case when of a draft of law submitted by the Government is not adopted,

the Prime-Minister shall have the right to raise an issue of confidence in the

Government at a joint session of the Chambers. Voting on this issue shall be held not

earlier than within forty-eight hours from the moment of calling for a vote of

confidence. If the call for a vote of no confidence does not receive the majority of

votes from total number of deputies of each of Chambers, a draft of law shall be deemed

adopted without voting. However, the Government may not use this right more than twice a

year.

Footnote: See the regulatory resolutions of the Constitutional Council of the

Republic of Kazakhstan, dated on 12.03.1999 N 3/2, dd. 11.11.1999 N 19/2, dd. 06.15.2000

N 9/2, dd. 03.07.2000 ? 15/2, dd. 08.06.2001 N 8 / 2, as amended by the Law of Republic

of Kazakhstan, dated on 05.21.2007 N 254 ??(shall be enforced from the day of its

official publication), see the regulatory resolution of the Constitutional Council of

the Republic of Kazakhstan, dated on 10.15.2008 ? 8.

Article 62

1. The Parliament shall adopt legislative acts in the form of laws of the Republic

of Kazakhstan, resolutions of the Parliament, resolutions of the Senate and the Mazhilis

having obligatory force over the whole territory of the Republic.

2. Laws of the Republic shall come into effect after they are signed by the

President of the Republic.

3. Amendments and supplements to the Constitution shall be introduced by the

majority of no less than three-fourths of votes from the total number of the deputies of

each chamber.

4. Constitutional laws shall be adopted on the issues stipulated by the

Constitution by the majority of no less than two-thirds of votes from the total number

of the deputies of each Chamber.

5. Legislative acts of the Parliament and its Chambers shall be adopted by the

majority of votes from the total number of the deputies of the Chambers unless otherwise

stipulated by the Constitution.

6. No less than two readings introducing amendments and supplements to the

Constitution of the Republic of Kazakhstan shall be obligatory.

7. Laws of the Republic, resolutions of the Parliament and its Chambers must not

contradict the Constitution.

Resolutions of the Parliament and its Chambers must not contradict laws.

8. The procedure for development, submission, discussion, bringing into effect and

promulgation of legislative and other regulatory legal acts of the Republic shall be

regulated by a special law and the procedural orders of Parliament and its Chambers.

Article 63

1. The President of the Republic of Kazakhstan after consultations of the

Chairpersons of the Chambers of the Parliament and the Prime Minister may dissolve the

Parliament or the Mazhilis of the Parliament.

2. The Parliament and the Mazhilis of the Parliament may not be dissolved in the

period of a state of emergency or martial law, during the last six months of the

President’s term, as well as within a year after a previous dissolution26

Footnote: Article 63 is in the wording of the Law dated on May 21, 2007 N 254

??(shall be enforced from the day of its official publication.)

Section IV The Government

Article 64

1. The Government shall implement the executive power of the Republic of

Kazakhstan, head the system of executive bodies and exercise supervision of their

activity.

2. The Government shall be a collegial body and in its entire activity responsible

before the President of the Republic, and in the cases provided by the Constitution,

before the Mazhilis of the Parliament and the Parliament.

3. Members of the Government shall be accountable to the Chambers of Parliament in

the case stipulated by paragraph 6 of Article 57 of the Constitution.

4. The jurisdiction, the procedure of organization and activity of the Government

shall be determined by constitutional law27.

Footnote: Article 62, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??(shall be enforced from the day of its official publication.)

Article 65

1. The Government shall be formed by the President of the Republic of Kazakhstan

according to the procedure stipulated by this Constitution.

2. Suggestions about the structure and composition of the Government shall be

submitted to the President of the Republic of Kazakhstan by the Prime Minister of the

Republic within ten days after his appointment.

3. The members of the Government shall take an oath to the people and President of

Kazakhstan.

Article 66

The Government shall:

1) develop the main directions of the socio-economic policy of the state, its

defense capability, security, guarantee of public order and organize their realization;

2) present to the Parliament the republican budget and a report about its

performance, ensure implementation of the budget;

3) introduce draft of laws into the Mazhilis and ensure enforcement of laws;

4) organize management of state property;

5) develop measures for the conduct of the foreign policy of the Republic of

Kazakhstan;

6) manage the activity of ministries, state committees, other central and local

executive bodies;

7) annul or suspend completely or partially, the effect of acts of ministries,

state committees, other central and local executive bodies of the Republic;

8) appoint to and release from office heads of central executive bodies not

encompassed by the Government;

9) It was excluded according to Law of the Republic of Kazakhstan 07.10.98 ? 284-

10) perform other functions assigned to it by this Constitution, laws and acts of

the President.

Footnote: Article 66, as amended by the Law of the Republic of Kazakhstan, dated

on October 7, 1998 N 284. See the decision of the Constitutional Council of Republic of

Kazakhstan, dated on March 17, 1999 N 4/2, the decision of the Constitutional Council of

Republic of Kazakhstan dated on April 12, 2001 N 1/2.

Article 67 The Prime Minister of the Republic of Kazakhstan shall:

1) organize and supervise the work of the Government, personally answer for its

work;

2) It was excluded according to Law of the Republic of Kazakhstan 21.05.07 ? 254-

III;

3) sign resolutions of the Government;

4) report the main directions of the Government’s activity and all of its

important decisions to the President;

5) perform other functions connected with organization and supervision of the

Government’s activity

Footnote: Article 67, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??(shall be enforced from the day of its official publication.)

Article 68 1. Members of the Government shall be independent in making decisions within their

competence and bear personal responsibility before the Prime Minister for the activity

of bodies subordinated to them. A member of the Government who does not agree with the

policy, pursued by the Government, or who does not pursue it shall resign or subjected

to release from his office.

2. Members of the Government shall not have right to be deputies of a

representative body, hold other paid offices except teaching, scientific and other

creative activities, engage in entrepreneurial activity, enter governing body or a

supervisory board of a commercial organization, except for cases when it is their job

responsibilities according to the legislation.

Footnote: Article 68, as amended by the Laws of Republic of Kazakhstan dated on

October 7, 1998 N 284; dd. May 21, 2007 N 254 (shall be enforced from the day of its

official publication.)

Article 69 1. The Government of the Republic of Kazakhstan shall issue resolutions on the

items of its jurisdiction having obligatory force on the entire territory of the

Republic.

2. The Prime Minister of the Republic shall issue directions having mandatory

force on the entire territory of the Republic.

3. Resolutions of the Government and directions of the Prime Minister must not

contradict the Constitution, legislative acts, decrees and resolutions of the President

of the Republic.

Article 70 1. The Government shall resign its powers to the newly elected President of the

Republic of Kazakhstan. Before again selected Mazhilis of the Parliament the Prime

Minister of the Republic have the right to raise an issue of confidence in the

Government. In case of expression by Mazhilis of confidence, the Government shall

continue to fulfill the responsibilities, if other is not solved by the President of the

Republic.

2. The Government and any of its members shall have the right to submit a

resignation to the President of the Republic of Kazakhstan if they consider further

performance of the functions assigned to them to be impossible.

3. The Government shall submit its resignation to the President of the Republic of

Kazakhstan in the event that Mazhilis of the Parliament or the Parliament pass a vote of

no confidence in the Government.

4. The President of the Republic within a period of ten days shall consider the

issue of accepting or declining the resignation.

5. Acceptance of the resignation shall denote the termination of the powers of the

Government or a respective member. Acceptance of the resignation of the Prime Minister

shall denote the termination of the powers of the entire Government.

6. In the event that the resignation of the Government or its member is declined,

the President shall charge the Government or its member with continued performance of

their responsibilities.

7. The President of the Republic shall have the right on his own initiative to

adopt a decision to terminate the powers of the Government and to release any of its

members from their offices. The release of the Prime Minister from office shall denote

the termination of the powers of the entire Government.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on November 19, 2003 N 11. Article 70, as amended by the Law of

Republic of Kazakhstan, dated on May 21, 2007 N 254 ??(shall be enforced from the day of

its official publication.)

Section VI The Constitutional Council

Article 71

1. The Constitutional Council of the Republic of Kazakhstan shall consist of seven

members whose powers shall last for six years. The ex-Presidents of the Republic shall

have the right to be life-long members of the Constitutional Council

2. The Chairperson of the Constitutional Council shall be appointed by the

President of the Republic, and in case the votes are equally divided, his vote shall be

decisive.

3. Two members of the Constitutional Council shall be appointed by the President

of the Republic, on two members shall be appointed accordingly by the Senate and the

Mazhilis. Half of the members of the Constitutional Council shall be renewed every three

years.

4. The Chairperson and members of the Constitutional Council shall not be

deputies, hold paid offices except teaching, scientific or other creative activities,

engage in entrepreneurial activity, enter a governing body or a supervisory board of a

commercial organization.

5. The Chairperson and members of the Constitutional Council during their term in

office may not be arrested, subject to detention, measures of administrative punishment

imposed by a court of law, arraigned on a criminal charge without the consent of

Parliament, except in cases of being apprehended on the scene of a crime or committing

grave crimes.

6. Organization and activity of the Constitutional Council shall be regulated by

Constitutional Law.

Footnote: Article 71, as amended by the Law of Republic of Kazakhstan, dated on

05.21.2007 N 254 ??( shall be enforced from the day of its official publication), see

the resolution of the Constitutional Council of Republic of Kazakhstan, dated on

01.30.2003 N 10, of 03.16.2011 ? 3.

Article 72 1. The Constitutional Council by appeal of the President of the Republic of

Kazakhstan, the chairperson of the Senate, the Chairperson of Mazhilis, not less than

one-fifth of the total number of deputies of Parliament, the Prime Minister shall:

1) decide on the correctness of conducting the elections of the President of the

Republic, deputies of Parliament, and conducting an all-nation referendum in case of

dispute;

2) consider the laws adopted by Parliament with respect to their compliance with

the Constitution of the Republic before they are signed by the President;

2-1) consider the decisions adopted by the Parliament and its Chambers to their

compliance with the Constitution of the Republic;

3) consider the international treaties of the Republic with respect to their

compliance with the constitution, before they are ratified;

4) officially interpret the standards of the Constitution;

5) conclude in cases stipulated by paragraphs 1 and 2 of Article 47 of the

Constitution.

2. The Constitutional Council shall consider the appeals of courts of law in cases

stipulated by Article 78 of the Constitution.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on July 3, 2000 15/2, the resolution of the Constitutional Council of

Republic of Kazakhstan, dated on December 13, 2001 N 19/2. Article 72, as amended by the

Law of Republic of Kazakhstan, dated on May 21, 2007 N 254 ??(shall be enforced from the

day of its official publication.)

Article 73 1. The inauguration of the President, registration of the elected deputies of

Parliament or results of all-nation referendum snail is suspended in cases of appeal to

the Constitutional Council on issues mentioned in subparagraph 1) of paragraph 1 of

Article 72 of the Constitution.

2. The term of signing or ratifying of the corresponding acts shall be suspended

in case of appeal to the (constitutional Council on issues mentioned in subparagraphs 2)

and 3) of paragraph I of Article 72 of the Constitution.

3. The Constitutional Council shall pass a resolution within one month from the

day of appeal. This period of time, at the demand of the President or the Republic, may

be shortened by 10 days if the issue is urgent.

4. The President of the Republic may object, in whole or in part to the

resolutions of the Constitutional Council. These objections shall be overruled by two-

thirds of the votes of the total number of the members of the Constitutional Council. If

the objections of the President are not overruled, the resolution of the Constitutional

Council shall be considered not adopted.

Article 74

1. Laws and international treaties recognized not to be in compliance with the

Constitution of the Republic of Kazakhstan, may not be signed or, accordingly, ratified

and brought into effect.

2. Laws and other normative legal acts, recognized unconstitutional, as infringing

on the rights and freedoms of an individual and citizen secured by the Constitution,

shall be canceled and shall not be in effect.

3. Constitutional Council shall come into effect from the day they are adopted,

shall be binding on the entire territory of the Republic, final and not subject to

appeal.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on December 13, 2001 N 19/2.Article 74, as amended by the Law of

Republic of Kazakhstan, dated on May 21, 2007 N 254 ??(?? shall be enforced from the day

of its official publication.)

Section VII Court and justice

Article 75 1. Justice in the Republic of Kazakhstan shall be exercised only by the court.

2. Judicial power shall be exercised through the constitutional, civil,

administrative, criminal and other forms of judicial procedure as established by law. In

cases, stipulated by law, criminal procedure shall be carried out with participation of

jurymen.

3. The courts of the Republic shall be the Supreme Court of the Republic, local

and other courts of the Republic established by law.

4. The judicial system of the Republic shall be established by the Constitution of

the Republic and the constitutional law. The establishment of special and extraordinary

courts under any name shall not be allowed.

Footnote: Article 75, as amended by the Law of Republic of Kazakhstan, dated on

October 7, 1998 N 284. See the resolution of the Constitutional Council of the Republic

of Kazakhstan, dated on February 15, 2002, N 1, see the resolution of the Constitutional

Council of Republic of Kazakhstan, dated on April 14, 2006 N 1. Article 75, as amended

by the Law of Republic of Kazakhstan, dated on May 21, 2007 N 254 ??(shall be enforced

from the day of its official publication)

Article 76 1. Judicial power shall be exercised on behalf of the Republic of Kazakhstan and

shall be intended to protect the rights, freedoms, and legal interests of the citizens

and organizations for ensuring the observance of the Constitution, laws, other

regulatory legal acts, and shall ensure international treaties of the Republic.

2. Judicial power shall be extended to all cases and disputes arising on the basis

of this Constitution, laws, other regulatory legal acts, international treaties of the

Republic.

3. Decisions, sentences and other judgments of courts shall have an obligatory

force on the entire territory of the Republic.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on March 29, 1999 N 7/2 dd. December 20, 2000 N 21/2, see the

regulatory resolution of the Constitutional Council of Republic of Kazakhstan, dated on

18.04.2007 N 4.

Article 77

1. A judge when executing justice shall be independent and subordinate only to the

Constitution and the law.

2. Any interference in the activity of the court in the exercise of justice shall

be inadmissible and accountable by the law. Judges shall not be held accountable with

regard to specific cases.

3. In application of law a judge must be guided by the following principles:

1) a person shall be considered to be innocent of committing a crime until his

guilt is established by a court’s sentence that has come into force;

2) no one may be subject twice to criminal or administrative prosecution for one

and the same offense;

3) no one may have his jurisdiction, as stipulated by law changed without his

consent;

4) everyone shall have the right to be heard in court;

5) the laws establishing or intensifying liability, imposing new responsibilities

on the citizens or deteriorating their conditions shall have no retroactive force. If

after the commitment of an offense accountability for it is canceled by law or reduced,

the new law shall be applied;

6) the accused shall not be obligated to prove his innocence;

7) no person shall be compelled to give testimony against oneself, one’s spouse

and close relatives whose circle is determined by law. The clergy shall not be obligated

to testify against those who confided in them with some information at a confession;

8) any doubts of a person’s guilt shall be interpreted in the favor of the

accused;

9) evidence obtained by illegal means shall have no juridical force. No person may

be sentenced on the basis of his own admission of guilt;

10) application of the criminal law by analogy shall not be allowed.

4. The principles of justice established by the Constitution shall be common and

uniform for all courts and judges in the Republic.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on March 10, 1999 N 2/2, see the regulatory resolution of the

Constitutional Council of Republic of Kazakhstan, dated on 18.04.2007 N 4.

Article 78

1. The courts shall have no right to apply laws and other regulatory legal acts

infringing on the rights and liberties of an individual and a citizen established by the

Constitution. If a court finds that a law or other regulatory legal act subject to

application infringes on the rights and liberties of an individual and a citizen it

shall suspend legal proceedings and address the Constitutional Council with a proposal

to declare that law unconstitutional.

Article 79 1. Courts shall consist of permanent judges whose independence shall be protected

by the Constitution and law. A judge’s powers may be terminated or suspended exclusively

on the grounds established by law.

2. A judge may not be arrested, subject to detention, measures of administrative

punishment, imposed by a court of law, arraigned on a criminal charge without the

consent of the President of the Republic of Kazakhstan based on a conclusion of the

Highest Judicial Council of the Republic or in a case stipulated by paragraph 3) of

Article 55 of the Constitution; without the consent of Senate except for the cases of

being apprehended on the scene of a crime or committing grave crimes.

3. Judges may be citizens of the Republic, who have reached twenty-five years of

age, have a higher juridical education, length of service of not less than two years in

the legal profession and who have passed a qualification examination. Additional

requirements to the judges of the courts of the Republic may be established by law.

4. The office of a judge shall be incompatible with a deputy’s mandate, holding

other paid offices except teaching, research or other creative activity engaging in

other entrepreneurial activity, or being a member of a managing body or supervisory

board of a commercial enterprise.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on March 6, 1997 N 3, dated on January 30, 2003 N 10, dated on June

18, 2004 N 7 dated on 23 June 2004 N 6.

Article 81

The Supreme Court of the Republic of Kazakhstan shall be the highest judicial body

for civil, criminal and other cases which are under local and other courts, exercises

the supervision over their activities in the forms of juridical procedure stipulated by

law, and provide interpretation on the issues of judicial practice.

Footnote: Article 81, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??(shall be enforced from the day of its official publication.)

Article 82 1. The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan

shall be elected by the Senate at the proposal of the President of the Republic, based

on a recommendation of the Highest Judicial Council.

2. The Chairpersons and judges of local and other courts shall be appointed by the

President of the Republic at the recommendation of the Highest Judicial Court.

3. In courts according to the constitutional law judicial boards can be created.

The order of investment with powers of chairperson of judicial boards shall be defined

by the constitutional law.

4. The Highest Judicial Council shall consist of the Chairperson and two other

persons, who are appointed by the President of the Republic.

5. The status the organization of work of the Highest Judicial Council shall be

determined by law.

Footnote: Article 81, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??(shall be enforced from the day of its official publication.)

Article 82

1. The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan

shall be elected by the Senate at the proposal of the President of the Republic based on

a recommendation of the Highest Judicial Council.

2. The Chairpersons and judges of local and other courts shall be appointed by the

President of the Republic at the recommendation of the Highest Judicial Court.

3. In courts according to the constitutional law judicial boards can be created.

The order of investment with powers of chairperson of judicial boards shall be defined

by the constitutional law.

4. The Highest Judicial Council shall consist of the Chairperson and two other

persons, who are appointed by the President of the Republic.

5. The status the organization of work of the Highest Judicial Council shall be

determined by law.

Article 83 1. The procurator’s office on behalf of the state shall exercise the highest

supervision over exact and uniform application of law, the decrees of the President of

the Republic of Kazakhstan and other regulatory legal acts on the territory of the

Republic, legality of preliminary investigation, inquest and inspection, administrative

and executive legal procedure; and take measures for exposure and elimination of any

violations of the law, the independence of courts as well as the appeal of laws and

other regulatory legal acts contradicting the Constitution and laws of the Republic. The

Procurator’s office of the Republic shall represent interest of the state in court as

well as conduct criminal prosecution in cases using procedures and within the limits,

stipulated by law.

2. The procurator’s office of the Republic shall be a unified centralized system

with subordination of junior procurators to their seniors and the Procurator General of

the Republic. It shall exercise its authorities independently of other state bodies and

officials and be accountable only to the President of the Republic.

3. The Procurator General of the Republic during the term of his office may not be

arrested, subject to detention, measures of administrative punishment imposed by a court

of law, arraigned on a criminal charge without the consent of the Senate except for the

cases of being apprehended on the scene of a crime or committing grave crimes. The term

of the Procurator General shall be five years.

4. The jurisdiction, organization and procedure of the activity of the

procurator’s office of the Republic shall be determined by law.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on. December 26, 2000 N 23, dd. January 30, 2003 N 10, dated on

December 31, 2003 N 13.

Article 84

Is excluded according to Law of the Republic of Kazakhstan dd. 05.21.07 ? 254-III

(shall be enforced from the day of its official publication.)

Section VIII Local public administration and self-administration

Article 85

Local public administration shall be exercised by local representative and

executive bodies which are responsible for the state of affairs of the respective

territory.

Article 86 1. Local representative bodies - Maslikhats - shall express the will of the

population of respective administrative-territorial units and with regard to the common

public interests shall determine the measures needed for its realization, and control

their implementation.

2. Maslikhats shall be elected by the population on the basis of universal, equal

suffrage under secret ballot for a five-year term.

3. A deputy of Maslikhat may be a citizen of the Republic of Kazakhstan who has

reached twenty years of age. A citizen of the Republic may be a deputy of only one

maslikhat.

4. The jurisdiction of Maslikhats shall include:

1) approval of plans, economic and social programs for development of the

territory, local budget and reports of their performance;

2) decision of issues of local administrative-territorial organization in their

jurisdiction;

3) consideration of reports by heads of local executive bodies on the issues

delegated by law to the jurisdiction of Maslikhat;

4) formation of standing commissions and other working bodies of Maslikhat,

nearing reports about their activity, decision of other issues connected with

organization of the work of Maslikhat;

5) exercise other authorities for insuring of the rights and legitimate interests

of citizens in accordance with the legislation of the Republic.

5. The powers of Maslikhat shall be prematurely terminated by the President of the

Republic, and also in the case of adoption of a decision about self-dissolution.

6. The jurisdiction of Maslikhats, procedure of their organization and activity,

and legal status of their deputies shall be established by law.

Footnote: Article 86, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??(shall be enforced from the day of its official publication.)

Article 87 1. Local executive bodies shall be a part of a unified system of the executive

bodies of the Republic of Kazakhstan, and ensure conduct of the general state policy of

the executive power in conjunction with the interests and development needs of the

respective territory.

2. The jurisdiction of local executive bodies shall include:

1) development of drafts of plans, economic and social programs for development of

the territory, local budget and provision of their realization;

2) management of public property;

3) appointment to and release from office the heads of local executive bodies,

resolution of other issues connected with organization of the work of local executive

bodies;

4) exercise other powers delegated to local executive bodies by the legislation of

the Republic in the interests of local public administration.

3. A local executive body shall be headed by an akim of the respective

administrative-territorial unit who is a representative of the President and the

Government of the Republic.

4. Akims of the regions, major cities and the capital shall be appointed to office

by the President of the Republic from the consent Maslikhats accordingly regions, major

cities and the capital. Akims of other administrative-territorial units shall be

appointed or elected to office in the order, determined by the President of the Republic

of Kazakhstan. The President of the Republic shall have the right to release Akims from

office at his own discretion.

5. At the initiative of not less than one-fifth from total number of deputies of

Maslikhat can be brought to the question on expression of a vote of no confidence in the

Akim. In this case maslikhat by a majority of votes from total number of its deputies

have the right to express non-confidence in the akim and raise the issue of his release

from office respectively before the President of the Republic or a senior Akim. The

powers of Akims of the oblasts, the major cities and the capital shall terminate when a

newly elected President assumes office.

6. The jurisdiction of local executive bodies, organization and procedure of their

activity shall be established by law.

Footnote: Article 87, as amended by the Laws of Republic of Kazakhstan, dated on

October 7, 1998 N 284; dated on May 21, 2007 N 254 ??(shall be enforced from the day of

its official publication.)

Article 88

1. Maslikhats shall adopt decisions on the issues of their jurisdiction, akims

shall adopt decisions and resolutions which are binding on the territory of the

respective administrative-territorial unit.

2. Drafts of decisions of Maslikhats envisioning a reduction of local budgetary

revenues or an increase of local budgetary expenditures may be submitted for

consideration only with a positive resolution of the akim.

3. Decisions of Maslikhats not corresponding to the Constitution and the laws of

the Republic of Kazakhstan may be annulled by a legal process.

4. Decisions and resolutions of Akims may be respectively annulled by the

President, the Government of the Republic of Kazakhstan or a senior Akim, as well as by

a legal process.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on May 31, 2000, N 3/2.

Article 89 1. In the Republic of Kazakhstan, local self-administration which ensures that the

issues of local significance shall be resolved independently by the population shall be

recognized.

2. Local self-administration shall be exercised by the population directly as well

as through Maslikhats and other bodies of local self-administration in local

communities, covering the territories, on which groups of the population live compactly.

The realization of state functions shall be delegated to local self-administration

according to the law.

3. The organization and the activity of local self-administration shall be

regulated by the law.

4. The independence of the bodies of local self-administration shall be guaranteed

within the limits of their powers established by law.

Footnote: Article 89, as amended by the Law of Republic of Kazakhstan, dated on

May 21, 2007 N 254 ??( shall be enforced from the day of its official publication.)

Section IX Concluding and transitional provisions

Article 90

1. The Constitution of the Republic of Kazakhstan adopted at an all-nation

referendum shall come into effect from the day of official publication of the results of

the referendum with the simultaneous termination of the functioning of the previously

adopted Constitution of the Republic of Kazakhstan.

2. The day of adoption of the Constitution at the all-nation referendum shall be

proclaimed a national holiday -the Constitution Day of the Republic of Kazakhstan.

Article 91

1. Amendments and supplements to the Constitution of the Republic of Kazakhstan

may be introduced only by an all-nation referendum held by the decision of the President

of the Republic made on his own initiative, at the recommendation of Parliament or the

Government. The draft of amendments and supplements to the Constitution shall not be

submitted to an all-nation referendum if the President decides to pass it to the

consideration of Parliament. In this case, Parliament’s decision shall be adopted

according to the procedure established by this Constitution. In case the President of

the Republic refuses the proposal of the Parliament on submission of amendments and

supplements to the Constitution for the consideration of the Republican referendum, the

Parliament has the right by majority of not less than four-fifths of votes of the total

number of deputies of each Chamber of the Parliament to adopt the law on making of these

amendments and supplements to the Constitution. In such case the President of the

Republic shall sign this law or submit it for the consideration of the Republican

referendum which shall be deemed valid if more than half of the Republican citizens,

possessing the right to participate in the Republican referendum, take part in it.

Amendments and supplements to the Constitution, which are submitted for the

consideration of the Republican referendum, shall be deemed adopted, if more than half

of citizens, taking part in it, vote for it, not less than in two-thirds of the oblasts,

major cities and the capital.

2. The unitary status and territorial integrity of the Republic, the forms of

government may not be changed.

Footnote: Article 91 as amended by the Law of Republic of Kazakhstan, dated on

October 7, 1998 N 284.See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on December 4, 1998 N 13/2. Article 91, as amended by the Law of

Republic of Kazakhstan, dated on.May 21, 2007 N 254 ??(?? shall be enforced from the day

of its official publication.)

Article 92

1. The constitutional laws must be adopted within a year from the day of enactment

of the Constitution. If the laws called constitutional in the Constitution or the acts

having the force thereof have been adopted by the moment of enactment of the

Constitution, they are brought into accordance with the Constitution and deemed to be

the constitutional laws of the Republic of Kazakhstan.

2. Other laws named in the Constitution must be adopted according to the procedure

and within the terms determined by the Parliament but no later than two years after the

enactment of the Constitution.

3. The decrees of the President of the Republic published within the term of his

exercise of additional powers in accordance with the law of the Republic of Kazakhstan

from December 10, 1993 "On Temporary Delegation of Additional Powers to the President of

the Republic of Kazakhstan and Heads of Local Administration" and having the force of

law shall attain the force of law and may be altered, amended or annulled according to

the procedure stipulated for alteration, amendment or annulment of the laws of the

Republic. The decrees of the President of the Republic published within a term he

exercises additional powers on the issues stipulated by paragraphs 12-15, 18 and 20 of

article 64 of the Constitution of the Republic of Kazakhstan adopted on January 28, 1993

shall not be subject to approval by Parliament of the Republic.

4. The legislation of the Republic of Kazakhstan functioning at the moment of

enactment of this Constitution shall be applied in the part that does not contradict it

and within two years from the day of the adoption of the Constitution must be brought

into accordance with it.

Footnote: See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on. June 15, 2000 N 8/2

Article 93

With the purpose of implementation of article 7 of the Constitution, the

Government, local representative and executive bodies must create all necessary

organizational, material and technical conditions for fluent and free-of-charge mastery

of the state language by all citizens of the Republic of Kazakhstan in accordance with a

special law.

Article 94

The President of the Republic of Kazakhstan elected in accordance with the

legislation of the Republic of Kazakhstan functioning at the moment of enactment of this

Constitution shall acquire the powers of the President of the Republic of Kazakhstan

stipulated by it and exercise them during the term established by the decision adopted

at the all-nation referendum of April 29, 1995. By consent of the President of the

Republic of Kazakhstan the present term of the powers of the President of the Republic

may be reduced by resolution of the Parliament of the Republic, adopted at the joint

session of its Chambers by the majority of votes of the total number of deputies of each

Chamber. In such case the Mazhilis of the Parliament within one month shall order

elections of the President of the Republic of Kazakhstan. The President of the Republic,

elected according to the results of these elections, shall take the oath within one

month since the day of publication of the results of elections and exercise his duties

before taking office of the President of the Republic, elected in regular Presidential

elections, which shall be held after the expiration of a seven-year term on the first

Sunday of December.

2. The Vice-President of the Republic of Kazakhstan elected in accordance with the

legislation of the Republic of Kazakhstan functioning at the moment of enactment i this

Constitution shall preserve his powers until the expiration of the term for which he was

elected.

Footnote: Article 94 as amended by the Law of Republic of Kazakhstan, dated on

October 7, 1998 N 284. See the resolution of the Constitutional Council of Republic of

Kazakhstan, dated on August 19, 2005, N 5.

Article 94-1

Position of paragraph 1 of article 41 of the Constitution, defining a term of

powers of the President of the Republic, shall be applied to the person who will be

elected by the President of the Republic following the results of presidential election

spent in connection with the expiration of a seven-year term of powers of the President

of the Republic, elected in the elections on December 4th 2005.

Footnote: Constitution is amended by the Article 94-1 in accordance with the Law

dated on May 21, 2007 N 254 ??(shall be enforced from the day of its official

publication.)

Article 95

1. One half of the deputies of the Senate of the first convocation shall be

elected for a four-year term, the other half of the deputies shall be elected for a two-

year term in the procedure, established by Constitutional Law.

2. Provisions of the Constitution of the Republic of Kazakhstan on elections of

deputies of the Mazhilis of the Parliament on the basis of Party Lists shall be applied

from the beginning of elections of deputies of the Mazhilis of the Parliament of the

second convocation.

Footnote: Article 95 as amended by the Law of Republic of Kazakhstan, dated on

October 7, 1998 N 284.

Footnote: See the resolution of the Constitutional Council of the Republic of

Kazakhstan, dated on November 29, 1999 N 24/2.

Article 96

The Cabinet of Ministers of the Republic of Kazakhstan from the day of enactment

of this Constitution shall acquire the rights, obligations and responsibility of the

Government of the Republic of Kazakhstan.

Article 97 The first composition of the Constitutional Council of the Republic of Kazakhstan

shall be formed in the following manner: the President of the Republic, the Chairperson

of the Senate of Parliament, the Chairperson of the Mazhilis of Parliament shall each

appoint one member to the Constitutional Council for a three-year term and shall each

appoint one member to the Constitutional Council for a six-year term. The Chairperson of

the Constitutional Council shall be appointed by the President of the Republic for a

six-year term.

Article 98 1. The justice and investigation bodies stipulated by this Constitution shall be

formed according to the procedure and within the terms stipulated by the respective

laws. The functioning juridical and inquiry bodies shall retain their powers until new

bodies are formed.

2. Judges of the Supreme Court and the Highest Arbitration Court and local courts

of the Republic of Kazakhstan shall retain their powers until the formation of courts,

as stipulated by the constitution. Vacant offices of judges shall be filled according to

the procedure, established by the Constitution.

哈萨克斯坦

KZ019

Constitution of Kazakhstan