Official source: Adilet / https://adilet.zan.kz/rus/docs/K2600000000 The relevance of the editorial office has been verified: 2026-06-21.
Note FROM! For the procedure for entry into force, see Art. 94.
We, the united people of Kazakhstan,
strengthening statehood on the original Kazakh land,
preserving the continuity of the thousand-year history of the Great Steppe,
confirming the unitary nature of the state, the inviolability of its borders and territorial integrity,
following the idea of a Just Kazakhstan and the principle of Law and Order,
declaring strict observance of human and civil rights and freedoms,
based on the principles of unity and solidarity, interethnic and interfaith harmony,
focusing on the values of culture and education, science and innovation,
recognizing the need to respect nature,
striving for peace and friendship with all countries,
conscious of the high responsibility to future generations,
we accept this Constitution - the Basic Law of the Republic of Kazakhstan.
Section I
Fundamentals of the constitutional system
Article 1
The Republic of Kazakhstan is a democratic, secular, legal and social state. The highest values of the state are man, his life, rights and freedoms.
Article 2
The Republic of Kazakhstan is a unitary state. The form of government is a presidential republic.
The sovereignty of the Republic of Kazakhstan extends to its entire territory. The state ensures the integrity, inviolability, and inalienability of its territory.
The administrative-territorial structure of the Republic of Kazakhstan is determined by constitutional law.
The capital of the Republic of Kazakhstan is the city of Astana. The status of the capital is determined by constitutional law.
The names Republic of Kazakhstan and Kazakhstan are equivalent.
The national currency (monetary unit) of the Republic of Kazakhstan is tenge.
The Republic of Kazakhstan has the exclusive right to issue tenge.
- Sovereignty, Independence, unitarity, territorial integrity, form of government of the Republic of Kazakhstan are unchanged.
Article 3
Fundamental principles of the activities of the Republic of Kazakhstan: protection of Sovereignty and Independence; respect for human and civil rights and freedoms; ensuring the rule of law and order; strengthening national unity; improving the welfare of the people; promoting the idea of responsible, creative patriotism; development of public dialogue; affirmation of the values of hard work, progress, knowledge; formation of a high environmental culture; preservation of historical and cultural heritage; support of national culture.
The Republic of Kazakhstan recognizes the development of human capital, education, science, innovation as a strategic direction of the state.
Article 4
The people of Kazakhstan are the only source of state power and bearer of Sovereignty.
The people exercise power directly through a national referendum and free elections, and also delegate the exercise of their power to state bodies.
No one can appropriate power in the Republic of Kazakhstan. Misappropriation of power is punishable by law. The right to speak on behalf of the people and the state belongs to the President of the Republic of Kazakhstan, as well as the Kurultai of the Republic of Kazakhstan within the limits of its constitutional powers. The Government of the Republic of Kazakhstan and other state bodies act on behalf of the state within the limits of the powers delegated to them.
State power in the Republic of Kazakhstan is united and is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive, judicial branches and their interaction.
Article 5
The current law of the Republic of Kazakhstan - the norms of the Constitution, laws corresponding to it, normative decisions of the Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, other normative legal acts, international treaty obligations of the Republic of Kazakhstan.
The Constitution has supreme legal force and direct effect throughout the entire territory of the Republic of Kazakhstan.
The procedure for the validity of international treaties on the territory of the Republic of Kazakhstan is determined by laws.
All laws and international treaties ratified by the Republic of Kazakhstan are published. The official publication of normative legal acts relating to the rights, freedoms and responsibilities of citizens is a mandatory condition for their application.
Laws that impose new responsibilities on citizens or worsen their situation do not have retroactive effect.
Laws establishing or increasing liability do not have retroactive effect.
If the liability for a previously committed offense is repealed or mitigated by a new law, the new law is applied.
- For the purpose of accelerated economic development of certain regions of the Republic of Kazakhstan, in accordance with constitutional laws, a special legal regime in the financial sector or a special legal regime of an “accelerated development city” may be established. These special legal regimes may provide for the peculiarities of public administration and the functioning of the judicial system.
Article 6
Ideological and political diversity is recognized in the Republic of Kazakhstan.
Public associations are equal before the law. Unlawful interference of the state in the affairs of public associations and public associations in the affairs of the state, as well as the assignment of functions of state bodies to public associations is not allowed. The creation of political party organizations in government bodies is not permitted.
The creation and activities of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional system, violating the integrity of the Republic of Kazakhstan, public order, undermining national security, inciting war, social, racial, national, religious hatred, as well as the creation of paramilitary formations not provided for by law are prohibited.
The activities of political parties and trade unions of other states, political parties on a religious basis, as well as the financing of political parties and trade unions by foreign legal entities, foreign citizens and stateless persons, legal entities with foreign participation, foreign states and international organizations are not allowed.
Information on the flow of funds and assets of non-profit organizations received from foreign states, international and foreign legal entities, foreign citizens and stateless persons must be open and accessible in accordance with the laws of the Republic of Kazakhstan.
Article 7
Religion is separated from the state.
The activities of religious organizations on the territory of Kazakhstan are carried out in accordance with the law and may be limited in order to protect the foundations of the constitutional system, the rights and freedoms of man and citizen, ensure national security, protect public order, the health of citizens and the morality of society.
Article 8
In the Republic of Kazakhstan, property of all forms is recognized, guaranteed and equally protected.
The use of property must meet the interests of society and the state, be carried out in compliance with established requirements in the field of environmental protection and must not infringe on the legally protected rights and interests of other persons. Subjects and objects of property, the scope and limits of the owners' exercise of their rights, guarantees of their protection are determined by law.
The land and its subsoil, water, flora and fauna, and other natural resources belong to the people. On behalf of the people, property rights are exercised by the state. Land may also be privately owned on the grounds, conditions and within the limits established by law.
Article 9
The state language of the Republic of Kazakhstan is the Kazakh language.
In state organizations and local government bodies, Russian is officially used along with Kazakh.
The state takes care of creating conditions for the study and development of the languages of the united people of Kazakhstan.
Article 10
The Republic of Kazakhstan respects the principles and norms of international law, pursues a foreign policy of peace and cooperation with interested states, non-interference in their internal affairs, and peaceful resolution of international disputes.
Article 11
The Republic of Kazakhstan has state symbols - the State Flag, the State Coat of Arms, the State Anthem. Their description and procedure for use are established by constitutional law.
Section II
Fundamental rights, freedoms and responsibilities
Article 12
- Every person has the right to recognition of his legal personality.
Every person has the right to protect his rights and freedoms in all ways that do not contradict the law, including necessary defense.
Every person has the right to judicial protection of his rights and freedoms.
The Republic of Kazakhstan recognizes the right to receive qualified legal assistance in accordance with the law.
Article 13
Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with the law, is uniform and equal, regardless of the grounds for its acquisition.
A citizen of the Republic of Kazakhstan cannot be deprived of citizenship, the right to change his citizenship, and also cannot be expelled from the borders of Kazakhstan. Deprivation of citizenship is allowed only by a court decision for committing terrorist crimes, as well as for causing other grave harm to the national interests of the Republic of Kazakhstan.
A citizen of the Republic of Kazakhstan cannot have dual or multiple citizenship. The presence of another citizenship is the basis for termination of citizenship of the Republic of Kazakhstan. In relation to minor children who have acquired the citizenship of a foreign state by virtue of their birth, the provisions provided for by law are applied.
Article 14
A citizen of the Republic of Kazakhstan cannot be extradited to a foreign state, unless otherwise established by international treaties of the Republic of Kazakhstan.
The Republic of Kazakhstan guarantees its citizens protection outside its borders in accordance with the law.
Article 15
In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.
Human rights and freedoms belong to everyone from birth, are recognized as inalienable and inalienable, and determine the content and application of the current law of the Republic of Kazakhstan.
A citizen of the Republic of Kazakhstan has rights and bears responsibilities by virtue of his citizenship.
Foreign citizens and stateless persons enjoy the rights and freedoms, and also bear the responsibilities established for citizens of the Republic of Kazakhstan, in cases provided for by the Constitution, laws and international treaties.
The implementation of the rights and freedoms of man and citizen should not violate the rights and limit the freedoms of other persons, encroach on the foundations of the constitutional system, public order, the health of citizens and the morality of society.
Every person has the right to compensation from the state for damage caused by illegal actions of state bodies or their officials.
Article 16
Everyone is equal before the law and the court.
Citizens of the Republic of Kazakhstan, foreign citizens and stateless persons residing or temporarily staying in the territory of the Republic of Kazakhstan cannot be discriminated against based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
Article 17
The right to life is the inalienable and inalienable right of every person.
No one has the right to arbitrarily deprive a person of life.
The death penalty is prohibited.
Article 18
Every person is guaranteed the right to personal freedom and inviolability.
Without a court decision, a person cannot be detained beyond the terms provided for by law.
Detention is permitted only by court decision with the right to appeal.
At the time of detention, the grounds for restriction of freedom and his rights are explained to each person.
A detainee, suspect, or accused has the right to have the assistance of a lawyer (defender) from the moment of detention, recognition as a suspect, or filing of charges, respectively.
Article 19
A person is considered innocent of committing a criminal offense until his guilt is recognized by a court verdict that has entered into legal force.
No one is obliged to testify against himself, his spouse and close relatives, the circle of whom is determined by law.
Clergymen are not obliged to testify against those who have trusted them in confession.
- Repeated bringing of a person to criminal or administrative liability for the same offense is prohibited.
Article 20
The honor and dignity of a person are inviolable and protected by law.
No one should be subjected to torture, violence, or other cruel or degrading treatment or punishment.
Article 21
The right to privacy, personal and family secrets, protection of personal data from illegal collection, processing, storage and use, including using digital technologies, is guaranteed by law.
The secrecy of banking transactions, personal deposits and savings, correspondence, telephone conversations, postal and other messages transmitted by means of communication, including the use of digital technologies, is protected by law. Restriction of this right is permitted only in cases and in accordance with the procedure established by law.
State bodies, public associations, officials and the media are obliged to provide every person with the opportunity to familiarize themselves with documents, decisions and sources of information affecting their rights and interests.
Article 22
Every person has the right to determine whether or not to indicate his nationality.
Every person has the right to use their native language and culture, to freely choose the language of communication, education, training, and creativity.
Article 23
Freedom of speech, scientific, technical and artistic creativity is guaranteed.
Intellectual property is protected by law.
The right to freely receive and disseminate information, with the exception of state secrets, is exercised by any means not prohibited by law. The list of information constituting state secrets of the Republic of Kazakhstan is determined by law.
Freedom of speech and freedom of dissemination of information should not infringe on the honor and dignity of other persons, the health of citizens and the morality of society, or violate public order.
Censorship is prohibited.
Propaganda for a violent change in the foundations of the constitutional system, encroachment on the territorial integrity, Sovereignty and Independence of the Republic of Kazakhstan, violation of public order, undermining national security, war, armed conflicts, social, racial, national, ethnic, religious superiority or discord, the cult of cruelty and violence, as well as calls to commit such actions are not allowed.
Article 24
Every person who is legally located on the territory of the Republic of Kazakhstan has the right to free movement throughout its territory and freely choose a place of residence, except in cases established by law.
Every person has the right to travel outside the Republic of Kazakhstan. Restriction of this right is permitted in cases and in accordance with the procedure established by law. Citizens of the Republic of Kazakhstan have the right to unhindered return to the Republic of Kazakhstan.
Article 25
Every person has the right to freedom of conscience.
The exercise of the right to freedom of conscience should not limit universal human and civil rights or obligations to the state.
Article 26
Citizens of the Republic of Kazakhstan have the right to freedom of association. The activities of public associations are regulated by law.
Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, chairmen and members of the Central Election Commission, the Supreme Chamber of Audit of the Republic of Kazakhstan, employees and workers of law enforcement and special government agencies, military personnel do not have the right to be a member of a political party, trade union, or speak out in support of or condemnation of any political party or socio-political movement.
Article 27
Every person has the right to work, free choice of activity and profession. Forced labor is permitted on the basis of a judicial act declaring a person guilty of committing a criminal or administrative offense or under conditions of a state of emergency or martial law.
The Republic of Kazakhstan guarantees the right to working conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination, as well as to social protection in accordance with the law.
The right to individual and collective labor disputes is recognized using the methods established by law for their resolution.
The right to rest, working hours, weekends and holidays, paid leave is guaranteed by law.
Article 28
Home is inviolable. Deprivation of housing and eviction from it are not allowed, except by a court decision. Penetration into a home, its inspection and search are permitted in cases and in the manner prescribed by law.
In the Republic of Kazakhstan, conditions are created to provide its citizens with housing. The categories of citizens specified in the law who need housing are provided with it in accordance with the norms established by law.
Article 29
Citizens of the Republic of Kazakhstan have the right of private ownership of any legally acquired property.
Property and the right of inheritance are guaranteed by law.
No one can be deprived of his property, except by a court decision. Forced alienation of property for state needs is permitted in exceptional cases provided for by law, subject to equivalent compensation.
The Republic of Kazakhstan guarantees the right to freedom of entrepreneurial activity, free use of one’s property for any legal business activity. Monopolistic activities are regulated or limited by law. Unfair competition is prohibited.
Article 30
Marriage and family, motherhood, fatherhood and childhood are under the protection of the state.
Marriage is a voluntary and equal union of a man and a woman, registered by the state in accordance with the law.
Caring for children and raising them is the natural right and responsibility of parents.
Adult able-bodied children are obliged to take care of disabled parents.
Article 31
A citizen of the Republic of Kazakhstan is guaranteed a minimum wage and pension, social security for age, illness, disability, loss of a breadwinner and on other legal grounds.
In the Republic of Kazakhstan, voluntary social insurance, the creation of other forms of social security, volunteer activities and charity are encouraged.
Article 32
Citizens of the Republic of Kazakhstan have the right to health care.
Citizens of the Republic of Kazakhstan have the right to receive unpaid medical care established by law.
Receipt of paid medical care in public and private medical institutions, as well as from persons engaged in private medical practice, is carried out on the grounds and in the manner established by law.
Article 33
Citizens of the Republic of Kazakhstan are guaranteed to receive unpaid secondary education in state educational institutions. Primary and basic secondary education is compulsory.
A citizen of the Republic of Kazakhstan has the right to receive higher education in higher educational institutions in accordance with the law.
Receiving paid education in private educational institutions is carried out on the grounds and in the manner established by law.
The state establishes generally compulsory education standards. The activities of all educational institutions must comply with these standards.
The system of education and upbringing in educational organizations on the territory of the Republic of Kazakhstan is secular in nature, with the exception of spiritual (religious) educational organizations.
Article 34
Citizens of the Republic of Kazakhstan have the right to peaceful assembly. The use of this right may be limited by law in order to protect the foundations of the constitutional system, the rights and freedoms of man and citizen, ensure national security, protect public order, the health of citizens and the morality of society.
Article 35
Citizens of the Republic of Kazakhstan have the right to participate in the management of state affairs directly and through their representatives, to apply personally, as well as to send individual and collective appeals to state bodies and local government bodies.
Citizens of the Republic of Kazakhstan have the right to elect and be elected to state bodies and local government bodies, as well as to participate in national referendums. The procedure for holding a national referendum is determined by constitutional law.
Citizens of the Republic of Kazakhstan whose incapacity has been recognized by the court, as well as citizens of the Republic of Kazakhstan held in places of deprivation of liberty by a court verdict, do not have the right to elect or participate in national referendums.
Citizens of the Republic of Kazakhstan whose incapacity has been recognized by the court, citizens of the Republic of Kazakhstan who have a criminal record that has not been expunged or expunged in the manner prescribed by law, as well as citizens of the Republic of Kazakhstan whose guilt in committing a corruption crime or corruption offense has been recognized by the court in the manner prescribed by law, do not have the right to be elected.
- Citizens of the Republic of Kazakhstan have an equal right to access public service. The requirements for a candidate for the position of a civil servant are only in the nature of official duties in accordance with the law.
Article 36
Every person is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, respect the rights, freedoms, honor and dignity of other persons.
Every person is obliged to respect the state symbols of the Republic of Kazakhstan.
Article 37
Citizens of the Republic of Kazakhstan are obliged to preserve nature and treat natural resources with care.
The state aims to protect the environment favorable to human life and health.
Concealment by officials of facts and circumstances that threaten the life and health of people, the environment, entails liability in accordance with the law.
Article 38
Payment of legally established taxes, fees and other obligatory payments is the duty and responsibility of every person.
Article 39
Protection of the Republic of Kazakhstan is the sacred duty and responsibility of every citizen.
Citizens of the Republic of Kazakhstan perform military service in the manner and types established by law.
Article 40
Citizens of the Republic of Kazakhstan are obliged to take care of the preservation of historical and cultural heritage and treat historical and cultural monuments with care.
Article 41
The rights and freedoms of man and citizen can be limited only by laws and only to the extent necessary in order to protect the foundations of the constitutional system, the rights and freedoms of man and citizen, ensure national security, protect public order, the health of citizens and the morality of society.
Actions capable of violating interethnic and interfaith harmony are recognized as unconstitutional.
Restriction of the rights and freedoms of citizens for political reasons is not allowed. In no case shall the rights and freedoms provided for in Article 12, 14 be subject to restrictions. 16, 17, 20, 22, 25 Constitution of the Republic of Kazakhstan.
Section III
President
Article 42
The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of the state’s domestic and foreign policy and represents Kazakhstan within the country and in international relations.
The President of the Republic of Kazakhstan is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of man and citizen of the Republic of Kazakhstan.
The President of the Republic of Kazakhstan ensures the coordinated and unhindered functioning of all branches of state power, the responsibility of government bodies to the united people of Kazakhstan.
Article 43
- The President of the Republic of Kazakhstan is elected in accordance with the constitutional law by adult citizens of the Republic of Kazakhstan on the basis of universal, equal and direct suffrage by secret ballot for a period of seven years.
The same person cannot, in accordance with the Constitution, be elected President of the Republic of Kazakhstan more than once.
A citizen of the Republic of Kazakhstan by birth, not younger than forty years of age, fluent in the state language, living in Kazakhstan for the last fifteen years, having a higher education, and at least five years of work experience in the civil service or in elected government positions may be elected President of the Republic of Kazakhstan.
The next elections of the President of the Republic of Kazakhstan are held no later than two months before the end of his term of office and cannot coincide in terms of the elections of the new Kurultai of the Republic of Kazakhstan.
A candidate who receives more than fifty percent of the votes of voters who took part in the voting is considered elected. If no candidate receives more than fifty percent of the votes, a re-vote is held in which the two candidates with the most votes participate. The candidate who receives the largest number of votes from voters who took part in the voting is considered elected.
The provisions of paragraph 1 of this article are unchanged.
Article 44
The President of the Republic of Kazakhstan takes office from the moment he takes the following oath to the people: “I solemnly swear to faithfully serve the people of Kazakhstan, strictly follow the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens of the Republic of Kazakhstan, and conscientiously fulfill the high responsibilities of the President of the Republic of Kazakhstan entrusted to me.”
The oath is taken within one month from the date of publication of the election results in the presence of deputies of the Kurultai, judges of the Constitutional Court, Supreme Court, ex-Presidents of the Republic of Kazakhstan, as well as representatives of the public and invited foreign citizens. In the case provided for by Article 51 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan, the oath is taken within seven days from the date of early dismissal from office in connection with voluntary resignation, persistent inability to carry out his duties for health reasons or removal of the President of the Republic of Kazakhstan from office, or from the date of his death.
The powers of the President of the Republic of Kazakhstan terminate from the moment the newly elected President of the Republic of Kazakhstan takes office, as well as in the event of early dismissal from office due to voluntary resignation, persistent inability to fulfill his duties for health reasons or removal of the President of the Republic of Kazakhstan from office, or in the event of his death. All former Presidents of the Republic of Kazakhstan, except those removed from office, have the title of ex-President of the Republic of Kazakhstan.
Article 45
The President of the Republic of Kazakhstan, during the period of exercising his powers, does not have the right to be elected as a deputy of a representative body, to hold other paid positions, to carry out entrepreneurial activities, or to be a member of a political party.
Close relatives of the President of the Republic of Kazakhstan do not have the right to hold positions of political civil servants or heads of quasi-public sector entities.
Article 46
President of the Republic of Kazakhstan:
addresses the people of Kazakhstan with messages about the situation in the country and the main directions of the domestic and foreign policy of the Republic of Kazakhstan;
with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints the Vice-President of the Republic of Kazakhstan to the position of; dismisses the Vice-President from office and determines his powers.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of a repeated refusal to give consent to appointment to the position of Vice-President, except for the cases provided for in clause 3 of Article 62 of the Constitution;
calls regular and extraordinary elections to the Kurultai of the Republic of Kazakhstan; convenes the first session of the Kurultai and takes the oath of its deputies to the people of Kazakhstan; convenes an extraordinary session of the Kurultai; signs the law submitted by the Kurultai within one month, promulgates the law or returns the law or its individual articles for re-discussion and voting;
after consultations with factions of political parties represented in the Kurultai, submits to the Kurultai for approval the candidacy of the Prime Minister of the Republic of Kazakhstan; with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints the Prime Minister to the position of Prime Minister; dismisses the Prime Minister from office; on the recommendation of the Prime Minister, determines the structure of the Government; on the proposal of the Prime Minister, submitted after consultations with the Kurultai, appoints members of the Government to positions; independently appoints the ministers of foreign affairs, defense, and internal affairs; dismisses members of the Government from office; takes the oath of government members; chairs Government meetings on particularly important issues.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of the Prime Minister, with the exception of the cases provided for in clause 3 of Article 62 of the Constitution;
appoints and dismisses the Chairman of the Constitutional Court, the Chairman of the Supreme Court, the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Central Election Commission, the Chairman of the Supreme Chamber of Auditors, the Chairman of the Supreme Judicial Council, the Head of the State Security Service of the Republic of Kazakhstan, the Commissioner for Human Rights in the Republic of Kazakhstan;
forms, abolishes and reorganizes state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, appoints and dismisses their leaders;
appoints and recalls heads of diplomatic missions of the Republic of Kazakhstan;
with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies, appoints ten judges of the Constitutional Court for a period of eight years, six members of the Central Election Commission for a period of five years, eight members of the Supreme Chamber of Auditors for a period of five years; relieves them of their positions.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber, except for the cases provided for in clause 3 of Article 62 of the Constitution;
is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, appoints and dismisses the high command of the Armed Forces;
decides to hold a national referendum;
in the interests of protecting the rights and freedoms of man and citizen of the Republic of Kazakhstan, ensuring national security, Sovereignty and integrity of the state, sends an appeal to the Constitutional Court to consider a law or other legal act that has entered into force for compliance with the Constitution, to give an opinion in the case provided for by Article 93 of the Constitution;
negotiates and signs international treaties on behalf of the Republic of Kazakhstan; signs instruments of ratification; accepts credentials and letters of recall from the heads of diplomatic missions of foreign states accredited in the Republic of Kazakhstan, as well as heads of international organizations;
establishes state awards and honorary titles;
awards state awards, confers honorary titles, highest military and other ranks, class ranks, diplomatic ranks, qualification classes;
resolves issues of citizenship of the Republic of Kazakhstan, granting political asylum;
carries out pardon;
if the Independence and territorial integrity, internal political stability of the Republic of Kazakhstan, the safety of its citizens are under direct threat, which has disrupted the functioning of state constitutional bodies, after official consultations with the Prime Minister and the Chairman of the Kurultai of the Republic of Kazakhstan, takes measures dictated by the above circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in its individual localities, the use of the Armed Forces of the Republic of Kazakhstan;
in the event of aggression against the Republic of Kazakhstan or an immediate external threat to its security, introduces martial law throughout the entire territory of the Republic of Kazakhstan or in its individual localities, declares partial or general mobilization, and immediately informs the Kurultai of the Republic of Kazakhstan about this;
forms the State Security Service subordinate to him;
forms the Administration of the President of the Republic of Kazakhstan;
forms the Security Council, other consultative and advisory bodies, as well as the Supreme Judicial Council;
exercises other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.
Article 47
The President of the Republic of Kazakhstan, on the basis of and in pursuance of the Constitution and laws, issues decrees and orders that are binding throughout the entire territory of the Republic of Kazakhstan.
The President of the Republic of Kazakhstan, during the period of temporary absence of the Kurultai caused by the early termination of his powers, issues decrees that have the force of constitutional laws or laws of the Republic of Kazakhstan.
Laws, before they are signed by the President of the Republic of Kazakhstan, are first sealed with the signatures of the Chairman of the Kurultai and the Prime Minister, who are responsible for their compliance with the Constitution and laws.
Acts of the President of the Republic of Kazakhstan, issued at the initiative of the Government, are pre-signed by the Prime Minister, who is responsible for their compliance with the Constitution and laws.
Article 48
- The President of the Republic of Kazakhstan, his honor and dignity are inviolable.
The President of the Republic of Kazakhstan does not bear criminal and administrative liability for actions committed in the exercise of the powers of the President, with the exception of committing high treason.
Providing, servicing and protecting the President of the Republic of Kazakhstan and his family are carried out at the expense of the state.
The provisions of this article apply to ex-Presidents of the Republic of Kazakhstan.
Article 49
The Vice-President of the Republic of Kazakhstan is appointed to the position by the President of the Republic of Kazakhstan with the consent of the Kurultai of the Republic of Kazakhstan, expressed by a majority vote of the total number of its deputies.
During the period of exercising his powers, the Vice-President has no right to be elected as a deputy of a representative body, to hold other paid positions, to carry out entrepreneurial activities, or to be a member of a political party.
The Vice-President, on behalf of the President of the Republic of Kazakhstan, represents him in interaction with the Kurultai, the Government and other government bodies, and also exercises other powers determined by the President.
Article 50
The President of the Republic of Kazakhstan has the right to voluntarily resign by submitting an application to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court certifies that the President of the Republic of Kazakhstan personally and voluntarily submitted his resignation. From the moment the Constitutional Court gives its opinion, the President of the Republic of Kazakhstan is considered relieved of office due to voluntary resignation.
The President of the Republic of Kazakhstan may be released from office early if there is a persistent inability to carry out his duties due to health reasons. In this case, the Kurultai forms a commission consisting of deputies and specialists in the relevant fields of medicine. The decision on early release is made at a meeting of the Kurultai by a majority of at least three-quarters of the total number of deputies based on the conclusion of the commission and the conclusion of the Constitutional Court on compliance with established constitutional procedures.
The President of the Republic of Kazakhstan is responsible for actions committed in the exercise of his powers only in the case of high treason and can be removed from office by the Kurultai for this. The initiative to bring charges against the President of the Republic of Kazakhstan for committing high treason and to investigate it is put forward by at least one third of the total number of deputies of the Kurultai. The decision on this issue is made by a majority vote of the total number of deputies of the Kurultai. The investigation of the accusation is organized by the Kurultai and its results, by a majority vote of the total number of deputies of the Kurultai, are submitted for consideration to the meeting of the Kurultai. The final decision on this issue is made at a meeting of the Kurultai by a majority of at least three-quarters of the votes of the total number of deputies, subject to the conclusion of the Supreme Court on the validity of the charges and the conclusion of the Constitutional Court on compliance with established constitutional procedures. Failure to make a final decision within two months from the date of presentation of the charge entails the recognition of the charge against the President of the Republic of Kazakhstan as rejected. Rejection of the accusation against the President of the Republic of Kazakhstan of committing high treason at any stage entails the early termination of the powers of the Kurultai deputies who initiated the consideration of this issue.
The issue of removing the President of the Republic of Kazakhstan from office cannot be raised during the period when he is considering the issue of early termination of the powers of the Kurultai.
Article 51
- In the event of early dismissal from office of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to fulfill his duties for health reasons or removal of the President of the Republic of Kazakhstan from office, as well as in the event of his death, the powers of the President of the Republic of Kazakhstan are transferred to the Vice-President; if the Vice-President is unable, for health reasons or other personal reasons, to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan are transferred to the Chairman of the Kurultai; if the Chairman of the Kurultai is unable to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan are transferred to the Prime Minister.
A person who decides to refuse to assume the powers of the President of the Republic of Kazakhstan submits an application for refusal to assume the powers of the President of the Republic of Kazakhstan to the Constitutional Court. The Constitutional Court certifies that this person personally and voluntarily submitted an application to refuse to assume the powers of the President of the Republic of Kazakhstan, and gives an opinion.
The person who has assumed the powers of the President of the Republic of Kazakhstan resigns from the powers of the Vice-President, Chairman of the Kurultai, and Prime Minister, respectively. In this case, vacant government positions are filled in the manner prescribed by the Constitution.
Within seven days from the date of early dismissal of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to fulfill his duties for health reasons or removal of the President of the Republic of Kazakhstan from office, or from the date of his death, the Kurultai announces the holding of elections of the President of the Republic of Kazakhstan. Elections are held within two months from the date the Kurultai makes the relevant decision.
A person who has assumed the powers of the President of the Republic of Kazakhstan in accordance with paragraph 1 of this article does not have the right to initiate changes and additions to the Constitution, as well as to dissolve the Kurultai.
Section IV
Kurultai
Article 52
The Kurultai of the Republic of Kazakhstan is the highest representative body of the Republic of Kazakhstan, exercising legislative power.
The powers of the Kurultai begin from the opening of its first session and end with the start of the first session of the Kurultai of a new convocation.
The powers of the Kurultai may be terminated early in cases and in the manner provided for by the Constitution.
The organization and activities of the Kurultai, the legal status of its deputies are determined by constitutional law.
Article 53
The Kurultai consists of one hundred and forty-five deputies elected in the manner established by constitutional law, according to the system of proportional representation across the territory of a single national electoral district.
The term of office of Kurultai deputies is five years.
Article 54
The election of deputies of the Kurultai is carried out on the basis of universal, equal and direct suffrage by secret ballot. The next elections of deputies of the Kurultai are held no later than two months before the end of the term of office of the current convocation of the Kurultai.
Extraordinary elections of deputies of the Kurultai are held within two months from the date of early termination of the powers of the Kurultai.
A deputy of the Kurultai can be a person who has reached twenty-five years of age, is a citizen of the Republic of Kazakhstan and has been permanently residing on its territory for the last ten years.
Elections of Kurultai deputies are regulated by constitutional law.
Kurultai deputies take the oath to the people of Kazakhstan.
Article 55
Deputies of the Kurultai are obliged to take part in its work. Voting in the Kurultai is carried out by the deputy in person. The absence of a deputy without good reason at meetings of the Kurultai and its bodies more than three times, as well as the transfer of voting rights, entails the application of penalties established by law to the deputy.
A Kurultai deputy has no right to be a deputy of another representative body, hold other paid positions other than teaching, scientific, creative activities, carry out entrepreneurial activities, or be a member of the governing body or supervisory board of a commercial organization. Violation of these requirements entails termination of the deputy's powers.
During the term of his powers, a deputy of the Kurultai cannot be detained, except in cases of detention at the scene of a crime or the commission of serious and especially serious crimes, held in custody, subjected to arrest, administrative penalties imposed in court, or brought to criminal liability without the consent of the Kurultai.
The powers of a Kurultai deputy are terminated in cases of resignation, his death, recognition of a deputy by a court decision that has entered into legal force as incompetent, deceased or missing, and in other cases provided for by the Constitution and constitutional law.
A Kurultai deputy loses his mandate if:
leaving for permanent residence outside of Kazakhstan;
the entry into force of a court conviction in relation to him;
termination of citizenship of the Republic of Kazakhstan;
leaving or expulsion from the political party from which he was elected;
termination of the activities of the political party from which he was elected.
The powers of the deputies of the Kurultai are terminated in the event of the dissolution of the Kurultai.
- Preparation of issues related to the application of penalties to deputies, their compliance with the requirements of paragraph 2 of this article, the rules of parliamentary ethics, as well as the termination of powers of deputies, deprivation of their powers and parliamentary immunity, is assigned to the Central Election Commission of the Republic of Kazakhstan.
Article 56
Kurultai:
adopts constitutional laws and laws;
conduct a repeated discussion and vote on laws or articles of law that have caused objections from the President of the Republic of Kazakhstan, within a month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Kurultai, according to constitutional laws or articles of a constitutional law, overcomes the objections of the President by a majority of three-quarters of the votes of the total number of deputies, and according to laws or articles of the law, by a majority of two-thirds of the votes of the total number of deputies, the President signs the constitutional law or law within one month. If the President's objections are not overcome, the constitutional law or law is considered not adopted or adopted in the wording proposed by the President;
resolves issues of war and peace;
adopts, at the proposal of the President of the Republic of Kazakhstan, a decision on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations to maintain peace and security;
announces elections of the President of the Republic of Kazakhstan;
puts forward an initiative to call a national referendum;
by a majority vote of the total number of deputies of the Kurultai, gives consent to the President of the Republic of Kazakhstan to appoint the Vice-President of the Republic of Kazakhstan;
by a majority vote of the total number of deputies of the Kurultai, gives consent to the President of the Republic of Kazakhstan to appoint the Prime Minister of the Republic of Kazakhstan;
by a majority vote of the total number of deputies of the Kurultai, gives consent to the appointment by the President of the Republic of Kazakhstan of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Chamber of Auditors;
elects and dismisses from office, upon the proposal of the President of the Republic of Kazakhstan, judges of the Supreme Court of the Republic of Kazakhstan, takes their oath;
deprives judges of the Constitutional Court and judges of the Supreme Court of immunity;
terminates the powers of a Kurultai deputy, and also, on the proposal of the Prosecutor General of the Republic of Kazakhstan, resolves issues of depriving a Kurultai deputy of his immunity;
on the initiative of at least one fifth of the total number of deputies of the Kurultai, has the right, by a majority vote of the total number of deputies of the Kurultai, to express a vote of no confidence in the Government;
hears annual messages from the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;
hears the report of the Chairman of the Supreme Court of Audit twice a year;
discusses and approves reports of the Government and the Supreme Chamber of Auditors on the execution of the republican budget. Failure of the Kurultai to approve the Government's report on the execution of the republican budget means the Kurultai expresses a vote of no confidence in the Government;
has the right, at the initiative of at least one third of the total number of deputies of the Kurultai, to hear reports from members of the Government of the Republic of Kazakhstan on issues of their activities. Based on the results of hearing the report, by a majority of at least two-thirds of the total number of deputies, the Kurultai has the right to make a decision to appeal to the President of the Republic of Kazakhstan to dismiss a member of the Government in case of failure to comply with the laws of the Republic of Kazakhstan. In this case, the President of the Republic of Kazakhstan dismisses a member of the Government from office;
conduct hearings on issues within its competence;
adopts regulations for its activities and other decisions on issues related to the organization and internal regulations of the Kurultai;
forms the coordination and working bodies of the Kurultai;
forms Kurultai commissions, elects and dismisses chairmen, hears reports on the activities of the commissions;
exercises other powers assigned to the Kurultai by the Constitution.
Article 57
- The Kurultai is headed by a Chairman, elected from among the deputies who are fluent in the state language, by secret ballot by a majority vote of the total number of deputies of the Kurultai. The candidacy for the post of Chairman of the Kurultai is nominated by the President of the Republic of Kazakhstan.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of a repeated refusal to elect the Chairman of the Kurultai.
The Chairman of the Kurultai may be recalled from office, as well as resign, if the majority of the total number of deputies of the Kurultai votes for this.
Chairman of the Kurultai:
convenes meetings of the Kurultai and presides over them;
carries out general management of the preparation of issues submitted for consideration by the Kurultai;
presents to the Kurultai candidates for election to the positions of Deputy Chairman of the Kurultai;
ensures compliance with the regulations in the activities of the Kurultai;
manages the activities of the coordination body of the Kurultai;
signs acts issued by the Kurultai;
fulfills other duties assigned to him by the regulations of the Kurultai.
The Chairman of the Kurultai opens the sessions of the Kurultai, unless otherwise provided by the Constitution.
On issues of his competence, the Chairman of the Kurultai issues orders.
Article 58
The session of the Kurultai takes place in the form of meetings.
The first session of the Kurultai is convened by the President of the Republic of Kazakhstan no later than thirty days from the date of publication of the election results.
Regular sessions of the Kurultai are held once a year, starting from the first working day of September until the last working day of June.
The session opens and closes at a meeting of the Kurultai. The session of the Kurultai, as a rule, is opened by the President of the Republic of Kazakhstan. During the period between sessions of the Kurultai, the President of the Republic of Kazakhstan, on his own initiative, at the proposal of the Chairman of the Kurultai or at least one third of the total number of deputies of the Kurultai, may convene an extraordinary session of the Kurultai. It can only consider issues that served as the basis for its convening.
Meetings of the Kurultai are held subject to the presence of at least two-thirds of the total number of deputies of the Kurultai.
Meetings of the Kurultai are open. In cases provided for by the regulations, closed meetings may be held. The President of the Republic of Kazakhstan, Vice-President, Prime Minister and members of the Government, Chairman of Kazakhstan Khalyk Kenesi, Chairman of the National Bank, Prosecutor General, Chairman of the National Security Committee have the right to attend any meetings and be heard.
Article 59
The Kurultai forms permanent committees, the number of which is determined by constitutional law, as well as commissions.
Committees and commissions issue decisions on issues within their competence.
Article 60
The right of legislative initiative belongs to the President of the Republic of Kazakhstan, deputies of the Kurultai, the Government, Kazakhstan Halyk Kenesi and is exercised exclusively in the Kurultai.
The President of the Republic of Kazakhstan has the right to determine the priority of consideration of draft laws, meaning that the relevant bills must be adopted as a matter of priority within two months.
The Kurultai has the right to issue laws that regulate the most important social relations, establish fundamental principles and norms regarding:
legal personality of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;
regime of property and other property rights;
the fundamentals of the organization and activities of state bodies and local governments, state and military service;
taxation, establishment or abolition of fees and other obligatory payments;
the republican budget, issues of government loans and the provision of economic and other assistance by the Republic of Kazakhstan;
issues of judicial system and legal proceedings;
amnesty issues;
education, science, culture, health care and social security;
privatization of enterprises and their property;
environmental protection;
administrative-territorial structure of the Republic of Kazakhstan;
ensuring the defense and security of the state;
state symbols of the Republic of Kazakhstan;
ratification of international treaties and their denunciation;
state awards, honorary titles;
other issues in accordance with the Constitution.
- Bills introduced as a legislative initiative of the Government of the Republic of Kazakhstan in order to promptly respond to conditions that pose a threat to the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country are subject to immediate consideration by the Kurultai.
In the event that bills provided for in part one of this paragraph are submitted to the Kurultai, the Government has the right to adopt under its responsibility temporary regulatory legal acts that have the force of law on the issues specified in paragraph 3 of this article, which are valid until the laws adopted by the Kurultai enter into force or until the bills are rejected by the Kurultai.
- The law adopted by the Kurultai is submitted for signature to the President of the Republic of Kazakhstan within ten days.
The Kurultai has the right to reject the draft law as a whole by a majority vote of the total number of deputies. A rejected bill is considered not adopted and is returned to the initiator.
Draft laws providing for a reduction in state revenues or an increase in state expenditures can be introduced only if there is a positive conclusion from the Government. For draft laws submitted to the Kurultai as a legislative initiative of the President of the Republic of Kazakhstan, such a conclusion is not required.
In connection with the non-acceptance of the draft law submitted by the Government, the Prime Minister has the right to raise the issue of confidence in the Government at a meeting of the Kurultai. Voting on this issue is carried out no earlier than forty-eight hours from the moment the question of confidence is raised. If the proposal for a vote of no confidence does not receive a majority of votes from the total number of deputies of the Kurultai, the draft law is considered adopted without a vote. However, the Government cannot exercise this right more than twice a year.
Article 61
The Kurultai adopts laws and regulations that are binding throughout the entire territory of the Republic of Kazakhstan.
Laws come into force after they are signed by the President of the Republic of Kazakhstan.
Constitutional laws are adopted on issues provided for by the Constitution of the Republic of Kazakhstan by a majority of at least two-thirds of the total number of deputies of the Kurultai.
Laws are adopted by the Kurultai by a majority vote of the total number of deputies of the Kurultai, unless otherwise provided by the Constitution.
Resolutions of the Kurultai are adopted by a majority vote of the total number of deputies of the Kurultai, unless otherwise provided by the Constitution.
Laws and resolutions of the Kurultai must not contradict the Constitution. Resolutions of the Kurultai should not contradict the laws.
The procedure for the development, presentation, discussion, enactment and publication of legislative and other regulatory legal acts of the Republic of Kazakhstan is regulated by law and regulations of the Kurultai.
Article 62
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai after consultations with the Chairman of the Kurultai and the Prime Minister.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of a candidate proposed by the President for a position, the appointment to which is carried out with the consent of the Kurultai, as well as in the case of a repeated refusal to elect the Chairman of the Kurultai.
The Kurultai cannot be dissolved during a period of emergency or martial law, in the last six months of the President’s powers, within one year after the previous dissolution, or in the case established by clause 3 of Article 51 of the Constitution.
Section V
Government
Article 63
The Government of the Republic of Kazakhstan exercises executive power of the Republic of Kazakhstan, heads the system of executive bodies and manages their activities.
The government is a collegial body that in its activities is responsible to the President of the Republic of Kazakhstan and the Kurultai.
Members of the Government are accountable to the Kurultai in the case provided for in subparagraph 17) of Article 56 of the Constitution.
The competence, order of organization and activities of the Government are determined by constitutional law.
Article 64
The government is formed by the President of the Republic of Kazakhstan in the manner prescribed by the Constitution.
Proposals on the structure and composition of the Government are submitted to the President of the Republic of Kazakhstan by the Prime Minister of the Republic of Kazakhstan within ten days after the appointment of the Prime Minister.
Members of the Government take the oath to the people and the President of the Republic of Kazakhstan.
Article 65
Government:
develops the main directions of the state’s socio-economic policy, its defense capability, security, ensuring public order and organizes their implementation;
submits the republican budget and a report on its execution to the Kurultai, ensures execution of the budget;
introduces draft laws to the Kurultai and ensures execution of laws;
organizes the management of state property;
develops measures to implement the foreign policy of the Republic of Kazakhstan;
manages the activities of ministries, other central and local executive bodies;
cancels or suspends, in whole or in part, the effect of acts of ministries, other central and local executive bodies of the Republic of Kazakhstan;
in agreement with the President of the Republic of Kazakhstan, approves a unified system of financing and remuneration of workers for all bodies maintained at the expense of the state budget;
performs other functions assigned to him by the Constitution, laws and acts of the President of the Republic of Kazakhstan.
Article 66
Prime Minister of the Republic of Kazakhstan:
organizes and manages the activities of the Government, is personally responsible for its work;
signs Government resolutions;
reports to the President and Kurultai on the main directions of the Government’s activities and all its most important decisions;
performs other functions related to the organization and management of the activities of the Government.
Article 67
Members of the Government are independent in making decisions within their competence and bear personal responsibility to the Prime Minister for the work of government bodies subordinate to them. A member of the Government who does not agree with the policy pursued by the Government or does not carry it out shall resign or be subject to dismissal from his position.
Members of the Government do not have the right to be deputies of a representative body, to hold other paid positions, except for teaching, scientific, creative activities, to carry out entrepreneurial activities, to be members of the governing body or supervisory board of a commercial organization, except for cases when this is their official responsibilities in accordance with the legislation of the Republic of Kazakhstan.
Article 68
The government, on issues within its competence, issues decrees that are binding throughout the entire territory of the Republic of Kazakhstan.
The Prime Minister issues orders that are binding throughout the entire territory of the Republic of Kazakhstan.
Government resolutions and orders of the Prime Minister must not contradict the Constitution, laws, or acts of the President of the Republic of Kazakhstan.
Article 69
The government resigns its powers to the newly elected Kurultai.
The government and any of its members have the right to declare their resignation to the President of the Republic of Kazakhstan if they consider it impossible to further carry out the functions assigned to them.
The Government announces its resignation to the President of the Republic of Kazakhstan in the event that the Kurultai expresses a vote of no confidence in the Government.
The President of the Republic of Kazakhstan, within ten days, considers the issue of accepting or rejecting the resignation.
Acceptance of resignation means termination of the powers of the Government or its corresponding member. Acceptance of the Prime Minister's resignation means the termination of the powers of the entire Government.
If the resignation of the Government or its member is rejected, the President of the Republic of Kazakhstan entrusts him with the further implementation of duties.
The President of the Republic of Kazakhstan has the right, on his own initiative, to decide to terminate the powers of the Government and dismiss any of its members. The dismissal of the Prime Minister means the termination of the powers of the entire Government.
Section VI
Kazakhstan Halyk Kenesi
Article 70
Kazakhstan Halyk Kenesi (People's Council of Kazakhstan) is the highest advisory body representing the interests of the people of the Republic of Kazakhstan.
The composition of the Kazakhstan Halyk Kenesi is formed from among the citizens of the Republic of Kazakhstan.
The procedure for formation, composition, powers and organization of activities of Kazakhstan Khalyk Kenesi are determined by constitutional law.
Article 71
Kazakhstan Halyk Kenesi:
develops proposals and recommendations on the main directions of the state’s internal policy, strengthening public harmony, national unity and solidarity, promoting the fundamental principles of the activities of the Republic of Kazakhstan and national values;
submits draft laws to the Kurultai;
puts forward an initiative to call a national referendum;
exercises other powers in accordance with constitutional law.
Section VII
Constitutional Court
Article 72
The Constitutional Court of the Republic of Kazakhstan is an independent state body that exercises constitutional control and ensures the supremacy of the Constitution of the Republic of Kazakhstan throughout the country.
The Constitutional Court consists of a Chairman and ten judges. Their term of office is eight years.
The same person cannot be appointed, in accordance with the Constitution, as a judge of the Constitutional Court more than once.
- The Chairman of the Constitutional Court is appointed to the position by the President of the Republic of Kazakhstan and at the same time serves as a judge of the Constitutional Court during the term of office.
The same person cannot be appointed, in accordance with the Constitution, as the Chairman of the Constitutional Court more than once.
- Judges of the Constitutional Court are appointed by the President of the Republic of Kazakhstan with the consent of the Kurultai, expressed by a majority vote of the total number of its deputies.
The Deputy Chairman of the Constitutional Court is appointed to the position by the President of the Republic of Kazakhstan upon the proposal of the Chairman of the Constitutional Court from among the judges of the Constitutional Court.
The position of a judge of the Constitutional Court is incompatible with a deputy mandate, holding other paid positions other than teaching, scientific, creative activities, carrying out entrepreneurial activities, or joining the governing body or supervisory board of a commercial organization.
The Chairman and judges of the Constitutional Court during their term of office cannot be detained, except in cases of detention at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to arrest, administrative penalties imposed by court, or brought to criminal liability without the consent of the President of the Republic of Kazakhstan or the Kurultai, respectively.
The organization and activities of the Constitutional Court are regulated by constitutional law.
Article 73
- The Constitutional Court, upon an appeal from the President of the Republic of Kazakhstan, the Chairman of the Kurultai, at least one fifth of the total number of deputies of the Kurultai, the Prime Minister:
in case of a dispute, decides the issue of the correctness of the elections of the President, deputies of the Kurultai and a national referendum;
reviews laws adopted by the Kurultai for their compliance with the Constitution before signing by the President;
examines the resolutions adopted by the Kurultai for compliance with the Constitution;
examines international treaties for their compliance with the Constitution before ratification;
examines the implementation of decisions of international organizations and their bodies for compliance with the Constitution;
gives an official interpretation of the norms of the Constitution;
gives conclusions in the cases established by paragraphs 2 and 3 of Article 50 of the Constitution.
The Constitutional Court considers appeals from the President in cases provided for in subparagraph 11) of Article 46 of the Constitution, as well as appeals from courts in cases established in Article 79 of the Constitution.
The Constitutional Court, upon appeals from citizens of the Republic of Kazakhstan, examines for compliance with the Constitution the normative legal acts of the Republic of Kazakhstan that directly affect their rights and freedoms provided for by the Constitution.
The procedure and conditions for citizens of the Republic of Kazakhstan to appeal to the Constitutional Court are determined by constitutional law.
The Constitutional Court, at the request of the Prosecutor General, considers the issues specified in subparagraphs 4), 5) and 6) of paragraph 1 of this article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution.
The Constitutional Court, at the request of the Commissioner for Human Rights, examines for compliance with the Constitution the normative legal acts of the Republic of Kazakhstan affecting the rights and freedoms of man and citizen enshrined in the Constitution.
The Constitutional Court gives opinions in cases established by clause 1 of Article 50 and clause 1 of Article 51 of the Constitution.
Article 74
In case of appeal to the Constitutional Court on the issues specified in subparagraph 1) paragraph 1 of Article 73 of the Constitution, the assumption of office of the President of the Republic of Kazakhstan, registration of elected deputies of the Kurultai, summing up the results of the national referendum are suspended accordingly.
In case of appeal to the Constitutional Court on the issues specified in subparagraphs 2) and 4) paragraph 1 of Article 73 of the Constitution, the deadline for signing or ratifying the relevant acts is suspended.
The Constitutional Court makes its decision within the time limits established by constitutional law.
Article 75
Laws and international treaties recognized as inconsistent with the Constitution cannot be signed or ratified and put into effect.
Laws and other normative legal acts, their individual provisions, recognized as inconsistent with the Constitution, including those that infringe upon the rights and freedoms of man and citizen enshrined in the Constitution, cease to be in effect and are not subject to application from the day the Constitutional Court makes a decision or from the date established by it.
Laws and other normative legal acts, their individual provisions, recognized as consistent with the Constitution as interpreted by the Constitutional Court, are subject to application in this interpretation.
Decisions of international organizations and their bodies, individual provisions of these decisions, the implementation of which is recognized by the Constitutional Court as not being in accordance with the Constitution, are not subject to execution.
Decisions of the Constitutional Court come into force from the date of their adoption, are generally binding throughout the territory of the Republic of Kazakhstan, are final and are not subject to appeal.
Section VIII
Justice. Prosecutor's office. Human rights mechanisms
Article 76
Justice in the Republic of Kazakhstan is administered only by the court.
Judicial power is exercised through civil, administrative, criminal and other forms of legal proceedings established by law. In cases provided for by law, criminal proceedings are carried out with the participation of jurors.
Courts of the Republic of Kazakhstan – the Supreme Court, local and other courts established by law.
The judicial system of the Republic of Kazakhstan is established by the Constitution and constitutional law. The establishment of special and emergency courts under any name is not permitted.
Article 77
Judicial power is exercised on behalf of the Republic of Kazakhstan in order to protect the rights, freedoms and legitimate interests of individuals, citizens, organizations, as well as the implementation of the Constitution, laws, other normative legal acts, and international treaties of the Republic of Kazakhstan.
Judicial power extends to all cases and disputes arising in connection with the application of the provisions of the Constitution, laws, other normative legal acts, and international treaties of the Republic of Kazakhstan.
Decisions, sentences and other decrees of courts are binding throughout the entire territory of the Republic of Kazakhstan.
Article 78
When administering justice, a judge is independent and is subject only to the Constitution and the law.
Any interference in the activities of the court in the administration of justice is unacceptable and entails liability under the law. Judges are not accountable for specific cases.
When administering justice, a judge must be guided by the following principles:
no one can have the jurisdiction provided for him by law changed without his consent;
in court, every person has the right to be heard;
the accused is not obliged to prove his innocence;
any doubts about a person’s guilt are interpreted in favor of the accused;
evidence obtained illegally has no legal force. No one can be convicted solely on the basis of his own confession;
application of criminal law by analogy is not allowed.
- The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic of Kazakhstan.
Article 79
Courts do not have the right to apply laws and other normative legal acts that infringe upon the rights and freedoms of man and citizen enshrined in the Constitution.
If the court finds that a law or other normative legal act to be applied infringes on the rights and freedoms of man and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Court with a proposal to recognize this act as unconstitutional.
Article 80
The courts are composed of permanent judges, whose independence is protected by the Constitution and law. The powers of a judge may be terminated or suspended solely on the grounds established by law.
A judge cannot be detained, except in cases of arrest at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to arrest, administrative penalties imposed by court, or prosecuted without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council, or without the consent of the Kurultai, respectively.
The requirements for judges of the courts of the Republic of Kazakhstan are determined by constitutional law.
The position of a judge is incompatible with a deputy mandate, holding a paid position other than teaching, scientific, creative activity, carrying out entrepreneurial activities, or joining the governing body or supervisory board of a commercial organization.
Article 81
Financing of courts and provision of housing for judges is carried out from the republican budget and must ensure the possibility of full and independent administration of justice.
Article 82
The Supreme Court is the highest judicial body in civil, administrative, criminal and other cases within the jurisdiction of local and other courts, which, in cases provided for by law, considers court cases within its jurisdiction and provides clarifications on issues of judicial practice.
Article 83
- The Chairman of the Supreme Court is appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council and at the same time serves as a judge of the Supreme Court during his term of office. The term of office of the Chairman of the Supreme Court is six years.
The same person cannot be appointed, in accordance with the Constitution, as Chairman of the Supreme Court more than once.
Judges of the Supreme Court are elected by the Kurultai on the proposal of the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council.
Judges of local and other courts are appointed to positions by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council.
Judicial collegiums may be created in courts in accordance with constitutional law.
The Chairman of the Supreme Judicial Council is appointed to the position by the President of the Republic of Kazakhstan.
The status, procedure for forming the composition and organization of the work of the Supreme Judicial Council are determined by law.
Article 84
The prosecutor's office, on behalf of the state, exercises, within the limits and forms established by law, the highest supervision over compliance with the rule of law on the territory of the Republic of Kazakhstan, represents the interests of the state in court and carries out criminal prosecution on behalf of the state.
The Prosecutor's Office of the Republic of Kazakhstan constitutes a single centralized system with subordinate prosecutors subordinate to superior ones and the Prosecutor General. It exercises its powers independently of other government bodies and officials and is accountable only to the President of the Republic of Kazakhstan.
The Prosecutor General is appointed by the President of the Republic of Kazakhstan. The term of office of the Prosecutor General is six years.
The same person cannot be appointed, in accordance with the Constitution, as the Prosecutor General more than once.
During the term of his powers, the Prosecutor General cannot be detained, except in cases of detention at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to detention, administrative penalties imposed by court, or prosecuted without the consent of the President of the Republic of Kazakhstan.
The competence, organization and procedure for the activities of the prosecutor's office are determined by constitutional law.
Article 85
The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the rights and freedoms of humans and citizens.
The Commissioner for Human Rights is appointed by the President of the Republic of Kazakhstan.
When exercising his powers, the Commissioner for Human Rights is independent and not accountable to government bodies and officials.
The Commissioner for Human Rights during his term of office cannot be detained, except in cases of detention at the scene of a crime or the commission of grave and especially grave crimes, held in custody, subjected to arrest, administrative penalties imposed by court, or prosecuted without the consent of the President of the Republic of Kazakhstan.
The legal status and organization of the activities of the Commissioner for Human Rights are determined by constitutional law.
Article 86
The legal profession in the Republic of Kazakhstan promotes the implementation of state-guaranteed human rights to judicial protection and to receive legal assistance. Legal assistance is provided by lawyers and other persons in accordance with the law.
The procedure for practicing law, the rights, duties, and responsibilities of a lawyer are determined by law.
Title IX
Local government and self-government
Article 87
Local government is carried out by local representative and executive bodies, which are responsible for the state of affairs in the relevant territory.
Article 88
Local representative bodies - maslikhats express the will of the population of the relevant administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and control their implementation.
Maslikhats are elected by the population on the basis of universal, equal, direct suffrage by secret ballot for a period of five years.
A citizen of the Republic of Kazakhstan who has reached twenty years of age can be elected as a deputy of the maslikhat. A citizen of the Republic of Kazakhstan can be a deputy of only one maslikhat.
The jurisdiction of maslikhats includes:
approval of plans, economic and social programs for the development of the territory, the local budget and reports on their implementation;
resolving issues of local administrative-territorial structure within their jurisdiction;
consideration of reports of heads of local executive bodies on issues referred by law to the competence of the maslikhat;
formation of standing commissions and other working bodies of the maslikhat, hearing reports on their activities, resolving other issues related to the organization of the work of the maslikhat;
exercise, in accordance with the law, other powers to ensure the rights and legitimate interests of citizens of the Republic of Kazakhstan.
The powers of the maslikhat are terminated early by the President of the Republic of Kazakhstan after consultations with the Prime Minister and the Chairman of the Kurultai, as well as if the maslikhat decides to dissolve itself.
The competence of maslikhats, the procedure for their organization and activities, and the legal status of deputies are established by law.
Article 89
Local executive bodies are included in the unified system of executive bodies of the Republic of Kazakhstan, ensure the implementation of the national policy of the executive branch in combination with the interests and needs of the development of the relevant territory.
The jurisdiction of local executive bodies includes:
development of plans, economic and social programs for the development of the territory, local budget and ensuring their implementation;
management of communal property;
appointment and dismissal of heads of local executive bodies, resolution of other issues related to the organization of work of local executive bodies;
exercise, in the interests of local government, other powers assigned to local executive bodies by law.
The local executive body is headed by the akim of the corresponding administrative-territorial unit, who is a representative of the President and the Government of the Republic of Kazakhstan.
Akims of the capital, regions, cities of republican significance are appointed to positions by the President of the Republic of Kazakhstan with the consent of deputies of the maslikhat of the capital, maslikhats located on the territory of the region, maslikhat of the city of republican significance, respectively.
The President of the Republic of Kazakhstan proposes at least two candidates, on whom voting is held. The candidate who receives the majority of votes from the maslikhats deputies who took part in the voting is considered to have received consent.
Akims of other administrative-territorial units are appointed or elected to positions, and also dismissed from positions in the manner determined by law. The President of the Republic of Kazakhstan has the right, at his discretion, to dismiss akims of the capital, regions, and cities of republican significance from their posts.
At the initiative of at least one fifth of the total number of maslikhat deputies, the question of expressing a vote of no confidence in the akim may be raised. In this case, the maslikhat, by a majority vote of the total number of its deputies, has the right to express no confidence in the akim and raise the issue of his dismissal from office before the President of the Republic of Kazakhstan in relation to the akims of the capital, regions, cities of republican significance, or to a higher akim in relation to the akims of other administrative-territorial units, respectively. The powers of akims of the capital, regions, cities of republican significance are terminated upon the assumption of office by the newly elected President of the Republic of Kazakhstan.
The competence of local executive bodies, the procedure for their organization and activities are established by law.
Article 90
Maslikhats make decisions on issues within their competence, and akims make decisions and orders that are binding on the territory of the corresponding administrative-territorial unit.
Draft decisions of maslikhats, providing for a reduction in local budget revenues or an increase in local budget expenditures, can be submitted for consideration only if there is a positive conclusion from the akim.
Decisions of maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be canceled in court.
Decisions and orders of akims can be canceled by the Government of the Republic of Kazakhstan or a higher akim, respectively, as well as in court.
Article 91
The Republic of Kazakhstan recognizes local self-government, which ensures that the population independently resolves issues of local importance.
Local self-government is exercised by the population directly, as well as through maslikhats and other local government bodies in local communities covering territories where population groups live compactly.
In accordance with the law, local government bodies may be delegated the implementation of state functions.
The organization and activities of local self-government in Kazakhstan are regulated by law.
The independence of local self-government bodies is guaranteed within the limits of their powers established by law.
Section X
Introduction of amendments and additions to the Constitution
Article 92
Amendments and additions to the Constitution of the Republic of Kazakhstan are made by a national referendum, held by decision of the President of the Republic of Kazakhstan, adopted by him on his own initiative, the initiative of the Kurultai, the Government, Kazakhstan Halyk Kenesi.
A national referendum is considered to have taken place if more than half of the citizens of the Republic of Kazakhstan who have the right to participate in the national referendum took part in the voting.
Amendments and additions to the Constitution submitted to a national referendum are considered adopted if more than half of the citizens of the Republic of Kazakhstan who took part in the vote voted for them in at least two-thirds of the regions, cities of republican significance and the capital.
Article 93
Amendments and additions to the Constitution of the Republic of Kazakhstan are submitted to a national referendum if there is a conclusion of the Constitutional Court on their compliance with the requirements of clause 7 of Article 2 and clause 5 Article 43 of the Constitution.
Section XI
Final and transitional provisions
Article 94
The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, comes into force on July 1, 2026, with the simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.
The day of adoption of the Constitution at a republican referendum is declared a state holiday - Constitution Day of the Republic of Kazakhstan.
Article 95
- The Parliament of the Republic of Kazakhstan, formed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, shall terminate its powers from July 1, 2026.
Elections to the Kurultai must be announced by the President of the Republic of Kazakhstan within a month and held within two months from the date the Constitution comes into force.
Within two months from the date of the opening of the first session of the Kurultai of the first convocation, the President of the Republic of Kazakhstan must appoint a Vice-President with the consent of the Kurultai.
The Chairman and judges of the Constitutional Court must be appointed within two months from the date of the opening of the first session of the Kurultai of the first convocation.
Until the formation of a new composition of the Constitutional Court, the Chairman and judges of the Constitutional Court, appointed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, retain their powers.
- The chairmen and members of the Central Election Commission and the Supreme Chamber of Auditors must be appointed within two months from the date of the opening of the first session of the Kurultai of the first convocation.
Until the formation of new compositions of the Central Election Commission and the Supreme Chamber of Auditors, the chairmen and members of the Central Election Commission, the Supreme Chamber of Auditors, appointed in accordance with the Constitution of the Republic of Kazakhstan dated August 30, 1995, retain their powers.
The Chairman of the Supreme Court, the Chairman of the National Bank, the Prosecutor General, the Chairman of the National Security Committee, the Chairman of the Supreme Judicial Council, the Commissioner for Human Rights must be appointed within two months from the date of entry into force of the Constitution.
Judges of the Supreme Court, local and other courts, deputies of maslikhats, other officials elected (appointed) in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, retain their powers until their termination on the grounds provided for by the Constitution and laws of the Republic of Kazakhstan.
Article 96
Laws and other normative legal acts of the Republic of Kazakhstan in force on the day the Constitution comes into force are applied to the extent that does not contradict the Constitution.
The government, central and local government bodies take the necessary measures to bring regulatory legal acts into compliance with the Constitution.
Regulatory decisions of the Constitutional Council and the Constitutional Court, adopted in accordance with the legislation of the Republic of Kazakhstan in force on the day the Constitution comes into force, retain legal force to the extent that does not contradict the Constitution.