CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN

We, the united people of Kazakhstan,

strengthening statehood on the ancestral Kazakh land,

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

affirming 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 the strict observance of the rights and freedoms of the individual and the citizen,

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

guided by the values of culture and education, science and innovation,

recognizing the need for the careful treatment of nature,

striving for peace and friendship with all countries,

aware of the high responsibility toward future generations,

adopt this Constitution – the Fundamental Law of the Republic of Kazakhstan.

Section I

Fundamentals of the Constitutional System

Article 1

The Republic of Kazakhstan is a democratic, secular, rule-of-law, and social State. The supreme values of the State are the individual, their life, rights, and freedoms.

Article 2

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

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

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

4. The capital of the Republic of Kazakhstan shall be the city of Astana. The status of the capital shall be determined by constitutional law.

5. The names “Republic of Kazakhstan” and “Kazakhstan” shall be equivalent.

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

The Republic of Kazakhstan shall have the exclusive right to issue the tenge.

7. The sovereignty, independence, unity, territorial integrity, and form of government of the Republic of Kazakhstan shall be immutable.

Article 3

1. The fundamental principles of the activities of the Republic of Kazakhstan shall include: the protection of sovereignty and independence; the observance of human and civil rights and freedoms; ensuring the rule of law and order; strengthening national unity; improving the welfare of the people; promoting the idea of responsible and constructive patriotism; developing public dialogue; affirming the values of diligence, progress, and knowledge; fostering a high level of environmental culture; preserving historical and cultural heritage; supporting national culture.

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

Article 4

1. The people of Kazakhstan shall be the sole source of state power and the bearer of sovereignty.

2. The people shall exercise power directly through a nationwide referendum and free elections and shall also delegate the exercise of their power to state bodies.

3. No one may usurp power in the Republic of Kazakhstan. The usurpation of power shall be prosecuted in accordance with law. The right to act on behalf of the people and the State shall belong to the President of the Republic of Kazakhstan, as well as to 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 shall act on behalf of the State within the limits of the powers delegated to them.

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

Article 5

1. The law in force in the Republic of Kazakhstan shall consist of the provisions of the Constitution, laws corresponding thereto, normative resolutions of the Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, other normative legal acts, and the international treaty obligations of the Republic of Kazakhstan.

2. The Constitution shall have supreme legal force and direct effect throughout the entire territory of the Republic of Kazakhstan.

3. The procedure for the application of international treaties within the territory of the Republic of Kazakhstan shall be determined by law.

4. All laws and international treaties ratified by the Republic of Kazakhstan shall be published. Official publication of normative legal acts concerning the rights, freedoms, and duties of citizens shall be a mandatory condition for their application.

5. Laws imposing new obligations on citizens or worsening their position shall not have retroactive effect.

Laws establishing or increasing liability shall not have retroactive effect.

If a new law abolishes or mitigates liability for an offense committed earlier, the new law shall apply.

6. 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 sphere or a special legal regime of a “city of accelerated development” may be established. Such special legal regimes may provide for specific features of public administration and the functioning of the judicial system.

Article 6

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

2. Public associations shall be equal before the law. Unlawful interference by the State in the affairs of public associations, as well as interference by public associations in the affairs of the State, shall not be permitted, nor shall the assignment of the functions of state bodies to public associations be permitted. The establishment of organizations of political parties within state bodies shall not be permitted.

3. The establishment and activities of public associations whose purposes or actions are aimed at the violent change of the foundations of the constitutional system, violation of the integrity of the Republic of Kazakhstan, undermining national security, incitement of war, social, racial, national or religious discord, as well as the establishment of paramilitary formations not provided for by legislation, shall be prohibited.

4. The activities of political parties and trade unions of other states, political parties based on religion, 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 shall not be permitted.

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

Article 7

1. Religion shall be separate from the State.

2. The activities of religious organizations on the territory of Kazakhstan shall be carried out in accordance with law and may be restricted for the purposes of protecting the foundations of the constitutional system, the rights and freedoms of the individual and citizen, ensuring national security, safeguarding public order, protecting the health of citizens, and public morality.

Article 8

1. In the Republic of Kazakhstan, property in all its forms shall be recognized, guaranteed, and equally protected.

2. The use of property shall serve the interests of society and the State, shall be exercised in compliance with established environmental protection requirements, and shall not infringe upon the rights and lawful interests of other persons protected by law. The subjects and objects of property, the scope and limits of the exercise of their rights by owners, and the guarantees of their protection shall be determined by law.

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

Article 9

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

2. In state organizations and local self-government bodies, the Russian language shall be officially used along with the Kazakh language.

3. The State shall ensure the creation of conditions for the study and development of the languages of the united people of Kazakhstan.

Article 10

The Republic of Kazakhstan shall respect the principles and norms of international law and pursue a foreign policy of peace and cooperation with interested states, non-interference in their internal affairs, and the peaceful settlement of international disputes.

Article 11

The Republic of Kazakhstan shall have state symbols – the State Flag, the State Emblem, and the State Anthem. Their description and the procedure for their use shall be established by constitutional law.

Section II

Fundamental Rights, Freedoms and Responsibilities

Article 12

1. Everyone shall have the right to recognition of their legal capacity.

Everyone shall have the right to defend their rights and freedoms by all means not contradicting the law, including necessary self-defense.

2. Everyone shall have the right to judicial protection of their rights and freedom.

3. In the Republic of Kazakhstan, the right to receive qualified legal assistance in accordance with law shall be recognized.

Article 13

1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated in accordance with law and shall be uniform and equal regardless of the grounds for its acquisition.

2. A citizen of the Republic of Kazakhstan may not be deprived of citizenship, of the right to change their citizenship, nor may he or she be expelled from Kazakhstan. Deprivation of citizenship shall be permitted only by a court decision for the commission of terrorist crimes, as well as for causing other grave harm to the national interests of the Republic of Kazakhstan.

3. A citizen of the Republic of Kazakhstan may not hold dual or multiple citizenship. Possession of another citizenship shall constitute grounds for termination of citizenship of the Republic of Kazakhstan. With respect to minor children who have acquired the citizenship of a foreign State by virtue of birth, the provisions established by law shall apply.

Article 14

1. A citizen of the Republic of Kazakhstan shall not be extradited to a foreign state unless otherwise provided for by international treaties of the Republic of Kazakhstan.

2. The Republic of Kazakhstan shall guarantee protection to its citizens beyond its borders in accordance with law.

Article 15

1. In the Republic of Kazakhstan, the rights and freedoms of the individual shall be recognized and guaranteed in accordance with the Constitution.

2. Human rights and freedoms shall belong to everyone from birth, shall be recognized as inalienable and non-transferable, and shall determine the content and application of the law in force in the Republic of Kazakhstan.

3. A citizen of the Republic of Kazakhstan shall have rights and bear duties by virtue of their citizenship.

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

5. The exercise of the rights and freedoms of the individual and citizen shall not violate the rights and freedoms of other persons, encroach upon the foundations of the constitutional system, public order, the health of citizens, or public morality.

6. Everyone shall have the right to compensation by the State for harm caused by unlawful actions of state bodies or their officials.

Article 16

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

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

Article 17

1. The right to life shall be the inalienable and non-transferable right of every person.

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

3. The death penalty shall be prohibited.

Article 18

1. Everyone shall be guaranteed the right to personal liberty and inviolability.

2. Without a court decision, a person may not be subjected to detention beyond the periods established by law.

Detention in custody shall be permitted only by a court decision, with the right of appeal being granted.

3. At the moment of detention, everyone shall be informed of the grounds for the restriction of liberty and of their rights.

4. A detained person, suspect, or accused shall have the right to the assistance of a lawyer (defense counsel) from the moment of detention, recognition as a suspect, or the bringing of charges, respectively.

Article 19

1. A person shall be presumed innocent of committing a criminal offense until their guilt is established by a court sentence that has entered into legal force.

2. No one shall be obliged to testify against themselves, their spouse or close relatives, the circle of whom shall be determined by law.

Clergy shall not be obliged to testify against persons who have confided in them during confession.

3. A person shall not be brought repeatedly to criminal or administrative liability for the same offense.

Article 20

1. The honor and dignity of the person shall be inviolable and protected by law.

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

Article 21

1. The right to the inviolability of private life, personal and family privacy, and the protection of personal data from unlawful collection, processing, storage, and use, including through the use of digital technologies, shall be guaranteed by law.

2. The secrecy of banking operations, personal deposits and savings, correspondence, telephone conversations, postal and other communications transmitted by means of communication, including through the use of digital technologies, shall be protected by law. Restriction of this right shall be permitted only in cases and in the manner established by law.

3. State bodies, public associations, officials, and mass media shall be obliged to ensure that every person has the opportunity to familiarize themselves with documents, decisions, and sources of information affecting their rights and interests.

Article 22

1. Everyone shall have the right to determine, indicate or not indicate their nationality.

2. Everyone shall have the right to use their native language and culture and to freely choose the language of communication, upbringing, education, and creative activity.

Article 23

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

2. Intellectual property is protected by law.

3. The right to freely receive and disseminate information, except for state secrets, shall be exercised by any means not prohibited by law. The list of information constituting state secrets of the Republic of Kazakhstan shall be determined by law.

4. Freedom of speech and freedom of dissemination of information shall not encroach upon the honor and dignity of other persons, the health of citizens, or public morality, nor violate public order.

5. Censorship shall be prohibited.

6. Propaganda of the violent change of the foundations of the constitutional system, encroachment upon 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, or religious superiority or discord, the cult of cruelty and violence, as well as calls for the commission of such actions, shall not be permitted.

Article 24

1. Everyone lawfully staying in the territory of the Republic of Kazakhstan shall have the right to freedom of movement within its territory and to freely choose their place of residence, except in cases established by law.

2. Everyone shall have the right to leave the Republic of Kazakhstan. Restriction of this right shall be permitted only in cases and in the manner established by law. Citizens of the Republic of Kazakhstan shall have the right to unimpeded return to the Republic of Kazakhstan.

Article 25

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

2. The exercise of the right to freedom of conscience shall not restrict universal human and civil rights or duties before the State.

Article 26

1. Citizens of the Republic of Kazakhstan shall have the right to freedom of association. The activity of public associations shall be regulated by law.

2. Chairpersons and judges of the Constitutional Court, the Supreme Court, and other courts, chairpersons and members of the Central Election Commission, the Supreme Audit Chamber of the Republic of Kazakhstan, employees and staff of law enforcement and special state bodies, as well as military personnel, shall not be members of a political party or trade union, nor shall they publicly support or condemn any political party or socio-political movement.

Article 27

1. Everyone shall have the right to work and to freely choose their type of activity and profession. Forced labor shall be permitted only on the basis of a court decision recognizing a person guilty of a criminal or administrative offense, or under conditions of a state of emergency or martial law.

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

3. The right to individual and collective labor disputes shall be recognized, with their resolution by means established by law.

4. The right to rest, the duration of working hours, weekends and public holidays, and paid leave shall be guaranteed by law.

Article 28

1. The right to housing shall be inviolable. Deprivation of a dwelling and eviction shall not be permitted except by court decision. Entry into a dwelling, its inspection, or search shall be permitted only in cases and in the manner established by law.

2. The Republic of Kazakhstan shall create conditions to ensure that its citizens have housing. Housing shall be provided to categories of citizens in need, as specified by law, in accordance with the norms established by law.

Article 29

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

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

3. No one shall be deprived of their property except by a court decision. Forced alienation of property for public needs shall be permitted only in exceptional cases specified by law and shall be subject to equivalent compensation.

4. The Republic of Kazakhstan shall guarantee the right to freedom of entrepreneurial activity and the free use of one’s property for any lawful business activity. Monopolistic activity shall be regulated or limited by law. Unfair competition shall be prohibited.

Article 30

1. Marriage and the family, motherhood, fatherhood and childhood shall be under the protection of the State.

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

3. The care and upbringing of children shall be the natural right and duty of parents.

4. Adult able-bodied children shall be obliged to care for their incapacitated parents.

Article 31

1. Citizens of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, as well as social security on the grounds of age, illness, disability, loss of a breadwinner, and other lawful grounds.

2. Voluntary social insurance, the creation of other forms of social protection, volunteer activity, and charity shall be encouraged in the Republic of Kazakhstan.

Article 32

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

2. Citizens of the Republic of Kazakhstan shall be entitled to receive medical assistance free of charge as established by law.

3. Receipt of paid medical assistance in state and private medical institutions, as well as from individuals engaged in private medical practice, shall be carried out on the grounds and in the manner established by law.

Article 33

1. Citizens of the Republic of Kazakhstan shall be guaranteed free secondary education in state educational institutions. Primary and basic secondary education shall be compulsory.

2. A citizen of the Republic of Kazakhstan shall have the right to obtain higher education in higher educational institutions in accordance with law.

3. Receipt of paid education in private educational institutions shall be carried out on the grounds and in the manner established by law.

4. The State shall establish mandatory educational standards. The activities of all educational institutions shall comply with these standards.

5. The system of education and upbringing in educational organizations on the territory of the Republic of Kazakhstan shall be secular, except for spiritual (religious) educational organizations.

Article 34

Citizens of the Republic of Kazakhstan shall have the right to peaceful assembly. The exercise of this right may be restricted by law for the purpose of protecting the foundations of the constitutional system, the rights and freedoms of the individual and citizen, ensuring national security, safeguarding public order, protecting the health of citizens, and public morality.

Article 35

1. Citizens of the Republic of Kazakhstan shall have the right to participate in the administration of state affairs directly and through their representatives, to address state bodies and local self-government bodies personally, and to submit individual and collective petitions.

2. Citizens of the Republic of Kazakhstan shall have the right to elect and be elected to state bodies and local self-government bodies, and to participate in nationwide referendums. The procedure for conducting a nationwide referendum shall be determined by constitutional law.

3. Citizens of the Republic of Kazakhstan whose legal incapacity has been recognized by a court, as well as citizens of the Republic of Kazakhstan held in places of deprivation of liberty by a court sentence, shall not have the right to vote or participate in nationwide referendums. Citizens of the Republic of Kazakhstan whose legal incapacity has been recognized by a court, citizens of the Republic of Kazakhstan with unexpunged or unsuspended convictions, and citizens of the Republic of Kazakhstan whose guilt in committing a corruption crime or corruption offense has been recognized by a court in accordance with law, shall not have the right to be elected.

4. Citizens of the Republic of Kazakhstan shall have equal access to public service. The requirements for a candidate for a public service position shall relate solely to the official duties of the position in accordance with law.

Article 36

1. Every person shall be obliged to comply with the Constitution and the laws of the Republic of Kazakhstan and to respect the rights, freedoms, honor, and dignity of other persons.

2. Every person shall be obliged to respect the state symbols of the Republic of Kazakhstan.

Article 37

1. Citizens of the Republic of Kazakhstan shall be obliged to preserve nature and to treat natural resources with care.

2. The State shall set as its objective the protection of an environment favorable for human life and health.

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

Article 38

Payment of legally established taxes, fees, and other obligatory payments shall be the duty and obligation of every person.

Article 39

1. The defense of the Republic of Kazakhstan shall be the sacred duty and obligation of every citizen.

2. Citizens of the Republic of Kazakhstan shall perform military service in the manner and forms established by law.

Article 40

Citizens of the Republic of Kazakhstan shall be obliged to preserve historical and cultural heritage and to treat monuments of history and culture with care.

Article 41

1. The rights and freedoms of the individual and citizen may be restricted only by law and only to the extent necessary for the protection of the foundations of the constitutional system, the rights and freedoms of the individual and citizen, ensuring national security, safeguarding public order, protecting the health of citizens, and public morality.

2. Actions capable of disrupting interethnic and interfaith harmony shall be recognized as unconstitutional.

3. Restrictions on the rights and freedoms of citizens on political grounds shall not be permitted. In no case shall the rights and freedoms provided for in Articles 12, 14, 16, 17, 20, 22, and 25 of the Constitution of the Republic of Kazakhstan be subject to restriction.

Section III

The President

Article 42

1. The President of the Republic of Kazakhstan shall be the Head of State and its highest official, who determines the main directions of the domestic and foreign policy of the State and represents Kazakhstan within the country and in international relations.

2. The President of the Republic of Kazakhstan shall be the symbol and guarantor of the unity of the people and state power, and of the inviolability of the Constitution, and of the rights and freedoms of the individual and citizen.

3. The President of the Republic of Kazakhstan shall ensure the concerted functioning of all branches of state power and the accountability of state bodies to the united people of Kazakhstan.

Article 43

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

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

2. A person may be elected President of the Republic of Kazakhstan if that person is a citizen of the Republic of Kazakhstan by birth, is not younger than forty years of age, is fluent in the state language, has resided in Kazakhstan for the last fifteen years, has higher education, and has at least five years of experience in public service or in elected public office.

3. The regular election of the President of the Republic of Kazakhstan shall be held no later than two months before the expiration of the President’s term of office and shall not coincide with the elections of a new convocation of the Kurultai of the Republic of Kazakhstan.

4. A candidate who receives more than fifty percent of the votes of voters who participated in the voting shall be deemed elected. If no candidate receives more than fifty percent of the votes, a second ballot shall be held between the two candidates who received the largest number of votes. The candidate who receives the greater number of votes cast shall be deemed elected.

5. The provisions of paragraph 1 of this Article shall not be subject to amendment.

Article 44

1. The President of the Republic of Kazakhstan shall take office upon taking the following oath before the people: “I solemnly swear to faithfully serve the people of Kazakhstan, strictly observe the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens of the Republic of Kazakhstan, and conscientiously perform the high duties of the President of the Republic of Kazakhstan entrusted to me.”

2. The oath shall be taken within one month from the date of publication of the election results in the presence of the deputies of the Kurultai, judges of the Constitutional Court, the Supreme Court, former Presidents of the Republic of Kazakhstan, as well as representatives of the public and invited foreign dignitaries. In the case provided for in Article 51 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath within seven days from the date of early vacating of office due to voluntary resignation, permanent incapacity to perform duties due to health reasons, removal of the President of the Republic of Kazakhstan from office, or from the date of the President’s death.

3. The powers of the President of the Republic of Kazakhstan shall terminate from the moment the newly elected President takes office, as well as in the case of early dismissal from office due to voluntary resignation, permanent incapacity to perform duties due to health reasons, removal from office, or in the event of the President’s death. All former Presidents of the Republic of Kazakhstan, except those removed from office, shall hold the title of Former President of the Republic of Kazakhstan.

Article 45

1. The President of the Republic of Kazakhstan, during the exercise of presidential powers, shall not have the right to be elected as a deputy of a representative body, to hold other paid positions, to engage in entrepreneurial activity, or to be a member of a political party.

2. Close relatives of the President of the Republic of Kazakhstan shall not be entitled to hold positions as political public officials or as heads of entities in the quasi-public sector.

Article 46

The President of the Republic of Kazakhstan shall:

1) address the people of Kazakhstan with messages on the state of the country and the main directions of the domestic and foreign policy of the Republic of Kazakhstan;

2) with the consent of the Kurultai expressed by a majority vote of the total number of its deputies, appoint the Vice-President of the Republic of Kazakhstan; dismiss the Vice-President from office and determine their powers.

The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of the Vice-President, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;

3) call regular and extraordinary elections to the Kurultai of the Republic of Kazakhstan; convene the first session of the Kurultai and administer the oath of its deputies to the people of Kazakhstan; convene an extraordinary session of the Kurultai; sign the law submitted by the Kurultai within one month, promulgate the law, or return the law or individual articles thereof for further discussion and voting;

4) after consultation with the factions of political parties represented in the Kurultai, submit to the Kurultai for consent 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, appoint the Prime Minister; dismiss the Prime Minister; upon the proposal of the Prime Minister, determine the structure of the Government; upon the proposal of the Prime Minister submitted after consultation with the Kurultai, appoint members of the Government; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government; administer the oath of members of the Government; preside over meetings of the Government on particularly important matters.

The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of the Prime Minister, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;

5) appoint and dismiss the Chair of the Constitutional Court, the Chair of the Supreme Court, the Chair of the National Bank, the Prosecutor General, the Chair of the National Security Committee, the Chair of the Central Election Commission, the Chair of the Supreme Audit Chamber, the Chair of the Supreme Judicial Council, the Head of the State Security Service of the Republic of Kazakhstan, and the Human Rights Commissioner of the Republic of Kazakhstan;

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

7) appoint and recall heads of diplomatic missions of the Republic of Kazakhstan;

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

The President of the Republic of Kazakhstan shall have 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, and the Supreme Audit Chamber, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;

9) act as Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan; appoint and dismiss the high command of the Armed Forces;

10) decide on the holding of a republican referendum;

11) in the interests of protecting the rights and freedoms of the individual and citizen of the Republic of Kazakhstan, ensuring national security, sovereignty, and the integrity of the State, apply to the Constitutional Court to review an adopted law or other legal act for its conformity with the Constitution, and to provide an opinion in the case provided for in Article 93 of the Constitution;

12) conduct negotiations and sign international treaties on behalf of the Republic of Kazakhstan; sign instruments of ratification; receive credentials and letters of recall of heads of diplomatic missions of foreign states accredited to the Republic of Kazakhstan, as well as of heads of international organizations;

13) establish state honors and honorary titles;

14) award state honors; confer honorary titles, the highest military and other ranks, class ranks, diplomatic ranks, and qualification classes;

15) decide issues of citizenship of the Republic of Kazakhstan and the granting of political asylum;

16) exercise the power of pardon;

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

18) in the event of aggression against the Republic of Kazakhstan or of an imminent external threat to its security, declare martial law throughout the entire territory of the Republic of Kazakhstan or in certain regions thereof, declare partial or general mobilization, and immediately inform the Kurultai of the Republic of Kazakhstan;

19) form the State Security Service subordinate to the President;

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

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

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

Article 47

1. The President of the Republic of Kazakhstan, on the basis of and for the implementation of the Constitution and laws, shall issue decrees and orders that shall be binding throughout the territory of the Republic of Kazakhstan.

2. During the temporary absence of the Kurultai caused by the early termination of its powers, the President of the Republic of Kazakhstan shall issue decrees having the force of constitutional laws or laws of the Republic of Kazakhstan.

3. Laws, prior to their signing by the President of the Republic of Kazakhstan, shall be preliminarily countersigned by the Chair of the Kurultai and the Prime Minister, who shall bear responsibility for their compliance with the Constitution and the laws.

Acts of the President of the Republic of Kazakhstan issued on the initiative of the Government shall be preliminarily countersigned by the Prime Minister, who shall bear responsibility for their compliance with the Constitution and the laws.

Article 48

1. The President of the Republic of Kazakhstan, and the President’s honor and dignity, shall be inviolable.

2. The President of the Republic of Kazakhstan shall not bear criminal or administrative liability for actions taken in the performance of presidential powers, except in the case of high treason.

3. The President of the Republic of Kazakhstan and the President’s family shall be provided with security, service, and maintenance at the expense of the State.

4. The provisions of this Article shall apply to Former Presidents of the Republic of Kazakhstan.

Article 49

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

2. During the performance of duties, the Vice-President shall not have the right to be elected a deputy of a representative body, to hold other paid positions, to engage in entrepreneurial activity, or to be a member of a political party.

3. Upon the instruction of the President of the Republic of Kazakhstan, the Vice-President shall represent the President in interactions with the Kurultai, the Government, and other state bodies, and shall also perform other powers determined by the President.

Article 50

1. The President of the Republic of Kazakhstan shall have the right to voluntarily resign by submitting an application to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court shall confirm that the President of the Republic of Kazakhstan has personally and voluntarily submitted the resignation. From the moment the Constitutional Court issues its conclusion, the President of the Republic of Kazakhstan shall be considered relieved of office due to voluntary resignation.

2. The President of the Republic of Kazakhstan may be prematurely removed from office in the event of permanent incapacity to perform duties due to health reasons. In this case, the Kurultai shall form a commission consisting of deputies and specialists in the relevant medical fields. The decision on premature removal from office shall be adopted at a session of the Kurultai by a majority of not less than three-quarters of the total number of deputies, based on the conclusion of the commission and the conclusion of the Constitutional Court on compliance with the established constitutional procedures.

3. The President of the Republic of Kazakhstan shall bear responsibility for actions performed in the exercise of presidential powers only in the case of high treason and may be removed from office for this by the Kurultai. The initiative to bring charges against the President of the Republic of Kazakhstan for committing high treason and to conduct an investigation thereof shall be supported by not less than one-third of the total number of deputies of the Kurultai. A decision on this issue shall be adopted by a majority vote of the total number of deputies of the Kurultai. The investigation of the charge shall be organized by the Kurultai, and its results shall, by a majority vote of the total number of deputies of the Kurultai, be submitted for consideration at a meeting of the Kurultai. The final decision on this issue shall be adopted at a meeting of the Kurultai by a majority of not less than three-quarters of the total number of deputies, provided there is a conclusion of the Supreme Court on the validity of the charge and a conclusion of the Constitutional Court on compliance with the established constitutional procedures. Failure to adopt a final decision within two months from the moment the charge is brought shall entail recognition that the charge against the President of the Republic of Kazakhstan has been rejected. Rejection of the charge of high treason against the President of the Republic of Kazakhstan at any stage shall entail the early termination of the powers of the deputies of the Kurultai who initiated consideration of this issue.

4. The question of the removal of the President of the Republic of Kazakhstan from office shall not be raised during the period in which the President is considering the question of the early termination of the powers of the Kurultai.

Article 51

1. In the event of early removal from office of the President of the Republic of Kazakhstan due to voluntary resignation, permanent incapacity to perform duties due to health reasons, removal from office, as well as in the event of the President’s death, the powers of the President of the Republic of Kazakhstan shall pass to the Vice-President; if the Vice-President is unable to assume the powers of the President of the Republic of Kazakhstan due to health reasons or other personal circumstances, the powers shall pass to the Chair of the Kurultai; if the Chair of the Kurultai is unable to assume the powers of the President of the Republic of Kazakhstan, the powers shall pass to the Prime Minister. The person who has decided to refuse to assume the powers of the President of the Republic of Kazakhstan shall submit a statement of refusal to the Constitutional Court. The Constitutional Court shall confirm that the person has personally and voluntarily submitted the statement of refusal and shall issue a conclusion. The person who has assumed the powers of the President of the Republic of Kazakhstan shall resign from the positions of Vice-President, Chair of the Kurultai, or Prime Minister, respectively. In this case, vacant state positions shall be filled in accordance with the procedure established by the Constitution.

2. Within seven days from the date of early removal from office of the President of the Republic of Kazakhstan due to voluntary resignation, permanent incapacity to perform duties due to health reasons, removal from office, or from the date of the President’s death, the Kurultai shall call the election of the President of the Republic of Kazakhstan. The election shall be held within two months from the date on which the Kurultai adopts the relevant decision.

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

Section IV

Kurultai

Article 52

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

2. The powers of the Kurultai shall commence with the opening of its first session and shall terminate with the opening of the first session of the Kurultai of a new convocation.

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

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

Article 53

1. The Kurultai shall consist of one hundred and forty-five deputies elected in accordance with the procedure established by constitutional law under a system of proportional representation within a single nationwide electoral constituency.

2. The term of office of the deputies of the Kurultai shall be five years.

Article 54

1. Elections of deputies of the Kurultai shall be held on the basis of universal, equal, and direct suffrage by secret ballot. Regular elections of deputies of the Kurultai shall be held no later than two months before the expiration of the term of office of the current convocation of the Kurultai.

2. Extraordinary elections of deputies of the Kurultai shall be held within two months from the date of early termination of the powers of the Kurultai.

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

4. Elections of deputies of the Kurultai shall be regulated by constitutional law.

5. Deputies of the Kurultai shall take an oath before the people of Kazakhstan.

Article 55

1. Deputies of the Kurultai shall be obliged to participate in its work. Voting in the Kurultai shall be carried out personally by a deputy. Absence of a deputy from meetings of the Kurultai and its bodies more than three times without valid reason, as well as transfer of the right to vote, shall entail the application of sanctions established by law.

2. A deputy of the Kurultai shall not have the right to be a deputy of another representative body, to hold any other paid position, except for teaching, scientific, and creative activities, to engage in entrepreneurial activity, or to be a member of a governing body or supervisory board of a commercial organization. Violation of these requirements shall result in termination of the deputy’s mandate.

3. A deputy of the Kurultai may not, during the term of office, be detained, except in cases of detention at the scene of a crime or commission of grave or especially grave crimes, held in custody, subjected to compulsory appearance, subjected to administrative penalties imposed by a court, or brought to criminal liability without the consent of the Kurultai.

4. The powers of a deputy of the Kurultai shall cease in the event of resignation, death, declaration by a final court decision as legally incapacitated, deceased, or missing, and in other cases provided for by the Constitution and constitutional law.

A deputy of the Kurultai shall be deprived of their mandate in the following cases:

1) departure for permanent residence outside the Republic of Kazakhstan;

2) entry into legal force of a conviction pronounced against the deputy by a court;

3) termination of citizenship of the Republic of Kazakhstan;

4) withdrawal or expulsion of the deputy from the political party from which the deputy was elected;

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

The powers of deputies of the Kurultai shall be terminated in the event of dissolution of the Kurultai.

5. Preparation of issues related to the application of sanctions to deputies, compliance with the requirements of paragraph 2 of this Article and the rules of deputy ethics, as well as termination of deputies’ powers, deprivation of their mandate and immunity, shall be entrusted to the Central Election Commission of the Republic of Kazakhstan.

Article 56

The Kurultai shall:

1) adopt constitutional law and laws;

2) conduct repeated discussion and voting on laws or articles of a law to which the President of the Republic of Kazakhstan has objected, within one month from the date the objections are submitted. Failure to observe this deadline shall constitute acceptance of the President’s objections. If the Kurultai, by a majority of three-quarters of the total number of deputies with respect to constitutional laws or articles of a constitutional law, and by a majority of two-thirds of the total number of deputies with respect to laws or articles of a law, overrules the objections of the President, the President shall sign the constitutional law or law within one month. If the objections of the President are not overruled, the constitutional law or law shall be deemed not adopted or adopted in the wording proposed by the President;

3) decide issues of war and peace;

4) upon the proposal of the President of the Republic of Kazakhstan, decide on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations for the maintenance of peace and security;

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

6) initiate the holding of a national referendum;

7) give consent, by a majority vote of the total number of deputies of the Kurultai, to the President of the Republic of Kazakhstan for the appointment of the Vice-President of the Republic of Kazakhstan;

8) give consent, by a majority vote of the total number of deputies of the Kurultai, to the President of the Republic of Kazakhstan for the appointment of the Prime Minister of the Republic of Kazakhstan;

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

10) elect and dismiss, upon the proposal of the President of the Republic of Kazakhstan, judges of the Supreme Court of the Republic of Kazakhstan and administer their oath;

11) deprive judges of the Constitutional Court and judges of the Supreme Court of immunity;

12) terminate the powers of a deputy of the Kurultai and, upon the submission of the Prosecutor General of the Republic of Kazakhstan, decide issues concerning deprivation of a deputy of the Kurultai of immunity;

13) express, on the initiative of not less than one-fifth of the total number of deputies of the Kurultai and by a majority vote of the total number of deputies, a vote of no confidence in the Government;

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

15) hear twice a year the report of the Chair of the Supreme Audit Chamber;

16) discuss and approve the reports of the Government and of the Supreme Audit Chamber on the execution of the republican budget. Failure to approve the report of the Government on the execution of the republican budget shall mean expression of a vote of no confidence in the Government;

17) hear, on the initiative of not less than one-third of the total number of deputies of the Kurultai, reports of members of the Government of the Republic of Kazakhstan on matters of their activities and, based on the results of such hearing and by a majority of not less than two-thirds of the total number of deputies of the Kurultai, adopt a decision to appeal to the President of the Republic of Kazakhstan for the dismissal of a member of the Government in the event of failure to comply with the laws of the Republic of Kazakhstan. In such case, the President of the Republic of Kazakhstan shall dismiss the member of the Government;

18) conduct hearings on matters within its competence;

19) adopt its Rules of Procedure and other decisions concerning the organization and internal order of the Kurultai;

20) form coordinating and working bodies of the Kurultai;

21) establish commissions of the Kurultai, elect and dismiss their chairs, and hear reports on the activities of the commissions;

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

Article 57

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

The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to elect the Chairperson of the Kurultai.

2. The Chairperson of the Kurultai may be removed from office or may submit their resignation by a majority vote of the total number of deputies of the Kurultai.

3. The Chairperson of the Kurultai shall:

1) convene meetings of the Kurultai and preside over them;

2) exercise general supervision over the preparation of issues submitted for consideration by the Kurultai;

3) submit to the Kurultai candidates for election to the positions of Deputy Chairpersons of the Kurultai;

4) ensure compliance with the Rules of Procedure in the activities of the Kurultai;

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

6) sign the acts adopted by the Kurultai;

7) perform other duties assigned by the Rules of Procedure of the Kurultai.

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

5. The Chairperson of the Kurultai shall issue orders on matters within their competence.

Article 58

1. A session of the Kurultai shall be held in the form of meetings.

2. The first session of the Kurultai shall be convened by the President of the Republic of Kazakhstan no later than thirty days from the date of publication of the election results.

3. Regular sessions of the Kurultai shall be held once a year, from the first working day of September to the last working day of June.

4. A session shall be opened and closed at a meeting of the Kurultai. As a rule, a session of the Kurultai shall be 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 their own initiative, at the proposal of the Chairperson of the Kurultai or of not less than one-third of the total number of deputies of the Kurultai, may convene an extraordinary session of the Kurultai. Only the issues that served as the grounds for its convocation may be considered at such a meeting.

5. Meetings of the Kurultai shall be valid if at least two-thirds of the total number of its deputies are present.

6. Meetings of the Kurultai shall be open. In cases provided for by the Rules of Procedure, closed meetings may be held. The President of the Republic of Kazakhstan, the Vice-President, the Prime Minister and members of the Government, the Chairperson of the Kazakhstan People’s Council, the Chairperson of the National Bank, the Prosecutor General, and the Chairperson of the National Security Committee shall have the right to attend any meetings and to be heard.

Article 59

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

2. Committees and commissions shall adopt resolutions on matters within their competence.

Article 60

1. The President of the Republic of Kazakhstan, deputies of the Kurultai, and the Government shall have the right of legislative initiative, which shall be exercised exclusively in the Kurultai.

2. The President of the Republic of Kazakhstan shall have the right to determine the priority for consideration of bills. In such case, the bill shall be adopted as a matter of urgency within two months.

3. The Kurultai shall have the right to adopt laws regulating the most important public relations and establishing fundamental principles and norms relating to:

1) the legal capacity of individuals and legal entities, civil rights and freedoms, duties and liability of individuals and legal entities;

2) the system of ownership and other property rights;

3) the fundamentals of the organization and activities of state bodies and local self-government bodies, as well as public and military service;

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

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

6) issues of the judicial system and judicial proceedings;

7) issues of amnesty;

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

9) privatization of enterprises and their property;

10) environmental protection;

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

12) ensuring the defense and security of the State;

13) the state symbols of the Republic of Kazakhstan;

14) ratification and denunciation of international treaties;

15) state awards and honorary titles;

16) other issues in accordance with the Constitution.

4. Bills introduced by the Government of the Republic of Kazakhstan in order to respond immediately to circumstances threatening the life and health of the population, the constitutional order, public order, or the economic security of the country shall be considered by the Kurultai without delay.

In cases where bills are submitted to the Kurultai in accordance with the first paragraph of this clause, the Government of the Republic shall have the right to issue, on its own authority, temporary normative legal acts having the force of law on the matters specified therein. Such acts shall remain in force until the relevant laws adopted by the Kurultai enter into force or until the Kurultai rejects the bills.

5. A law adopted by the Kurultai shall be submitted to the President of the Republic of Kazakhstan for signature within ten days.

The Kurultai shall have the right to reject a bill in its entirety by a majority vote of the total number of its deputies. A rejected bill shall be deemed not adopted and shall be returned to the initiator.

6. Bills providing for a decrease in state revenues or an increase in state expenditures may be submitted only upon a positive conclusion of the Government of the Republic of Kazakhstan. Such a conclusion shall not be required in the case of bills considered by the Kurultai on the legislative initiative of the President of the Republic of Kazakhstan.

7. If a bill submitted by the Government is not adopted, the Prime Minister shall have the right to raise the issue of confidence in the Government at a session of the Kurultai. A vote on this issue shall be held no earlier than forty-eight hours after the motion has been introduced. If the motion of confidence is not supported by a majority of the total number of deputies of the Kurultai, the bill shall be deemed adopted without a vote. However, the Government may not exercise this right more than twice in one year.

Article 61

1. The Kurultai shall adopt laws and resolutions which shall be binding throughout the entire territory of the Republic.

2. Laws shall enter into force after being signed by the President of the Republic of Kazakhstan.

3. Amendments and additions to the Constitution of the Republic of Kazakhstan shall be adopted by a majority of at least three-quarters of the total number of deputies of the Kurultai.

4. Laws shall be adopted by the Kurultai by a majority of the total number of deputies, unless the Constitution provides otherwise.

5. Resolutions of the Kurultai shall be adopted by a majority of the total number of deputies, unless otherwise provided by the Constitution.

6. Laws and resolutions of the Kurultai shall not contradict the Constitution. Resolutions of the Kurultai shall not contradict laws.

7. The procedure for drafting, submission, discussion, adoption, and publication of laws and other normative legal acts of the Republic shall be determined by law and the Rules of Procedure of the Kurultai.

Article 62

1. The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai after consultations with the Chairperson of the Kurultai and the Prime Minister.

2. The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of repeated refusal to give consent to the appointment of a candidate proposed by the President to a position for which appointment requires the consent of the Kurultai, as well as in the case of repeated refusal to elect the Chairperson of the Kurultai.

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

Section V

Government

Article 63

1. The Government of the Republic of Kazakhstan shall exercise executive power in the Republic of Kazakhstan, head the system of executive bodies, and direct their activities.

2. The Government shall be a collegial body which, in its activities, shall be responsible and accountable to the President of the Republic of Kazakhstan and to the Kurultai.

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

4. The competence, organization, and procedure of activity of the Government shall be determined by constitutional law.

Article 64

1. The Government shall be formed by the President of the Republic of Kazakhstan in accordance with the procedure provided for by the Constitution.

2. Proposals on 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 of Kazakhstan within ten days after the appointment of the Prime Minister.

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

Article 65

The Government:

1) shall develop the main directions of the social and economic policy of the State, its defense capability and security, ensure public order, and organize their implementation;

2) shall submit the republican budget and a report on its execution to the Kurultai and ensure execution of the budget;

3) shall submit draft laws to the Kurultai and ensure implementation of laws;

4) shall organize management of state property;

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

6) shall direct the activity of ministries and other central and local executive bodies;

7) shall cancel or suspend, fully or in part, acts of ministries and other central and local executive bodies of the Republic of Kazakhstan;

8) in agreement with the President of the Republic of Kazakhstan, shall approve a unified system of financing and remuneration of employees of all bodies maintained at the expense of the state budget;

9) shall perform other functions assigned to it by the Constitution, laws, and acts of the President of the Republic of Kazakhstan.

Article 66

The Prime Minister of the Republic of Kazakhstan:

1) shall organize and direct the activity of the Government and shall bear personal responsibility for its work;

2) shall sign resolutions of the Government;

3) shall report to the President and the Kurultai on the main directions of the Government’s activities and its most important decisions;

4) shall perform other functions related to the organization and direction of the Government’s activities.

Article 67

1. Members of the Government shall be independent in making decisions within the limits of their competence and shall bear personal responsibility before the Prime Minister for the work of the state bodies subordinate to them. A member of the Government who disagrees with the policy pursued by the Government or fails to implement it shall resign or be subject to dismissal from office.

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

Article 68

1. The Government, on matters within its competence, shall issue resolutions having binding force throughout the entire territory of the Republic of Kazakhstan.

2. The Prime Minister shall issue orders having binding force throughout the entire territory of the Republic of Kazakhstan.

3. Resolutions of the Government and orders of the Prime Minister shall not contradict the Constitution, laws, or acts of the President of the Republic of Kazakhstan.

Article 69

1. The Government shall resign its powers before the newly elected Kurultai.

2. The Government or any of its members shall have the right to submit their resignation to the President of the Republic of Kazakhstan if they consider it impossible to continue performing the functions entrusted to them.

3. The Government shall declare its resignation to the President of the Republic of Kazakhstan if the Kurultai expresses a vote of no confidence in the Government.

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

5. Acceptance of the resignation shall mean termination of the powers of the Government or of the respective member thereof. Acceptance of the resignation of the Prime Minister shall mean termination of the powers of the entire Government.

6. In the event of rejection of the resignation of the Government or of its member, the President of the Republic of Kazakhstan shall instruct the Government or the respective member to continue exercising their powers.

7. The President of the Republic of Kazakhstan shall have the right, on their own initiative, to adopt a decision on termination of the powers of the Government and to dismiss any of its members. Dismissal of the Prime Minister shall mean termination of the powers of the entire Government.

Section VI

Kazakhstan Halyk Kenesi

Article 70

1. The Kazakhstan Halyk Kenesi (People’s Council of Kazakhstan) shall be the highest consultative body representing the interests of the people of the Republic of Kazakhstan.

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

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

Article 71

Kazakhstan Halyk Kenesi:

1) shall develop proposals and recommendations on the main directions of the domestic policy of the State, strengthening public accord, national unity and solidarity, and promoting the fundamental principles of the activities of the Republic of Kazakhstan and national values;

2) shall submit draft laws to the Kurultai;

3) shall initiate the holding of a national referendum;

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

Section VII

The Constitutional Court

Article 72

1. The Constitutional Court of the Republic of Kazakhstan shall be an independent state body exercising constitutional review and ensuring the supremacy of the Constitution of the Republic of Kazakhstan throughout the entire territory of the country.

2. The Constitutional Court shall consist of a Chairperson and ten judges. The term of their office shall be eight years.

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

3. The Chairperson of the Constitutional Court shall be appointed to office by the President of the Republic of Kazakhstan and shall simultaneously serve as a judge of the Constitutional Court for the term of office.

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

4. Judges of the Constitutional Court shall be 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 Chairperson of the Constitutional Court shall be appointed to office by the President of the Republic of Kazakhstan upon the proposal of the Chairperson of the Constitutional Court from among the judges of the Constitutional Court.

5. The office of a judge of the Constitutional Court shall be incompatible with a deputy mandate, holding other paid positions, except for teaching, scientific, or creative activities, engaging in entrepreneurial activity, or membership in a governing body or supervisory board of a commercial organization.

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

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

Article 73

1. The Constitutional Court, upon application by the President of the Republic of Kazakhstan, the Chairperson of the Kurultai, not less than one fifth of the total number of deputies of the Kurultai, or the Prime Minister:

1) shall decide, in the event of a dispute, on the correctness of the conduct of the election of the President of the Republic of Kazakhstan, deputies of the Kurultai, and of a national referendum;

2) shall consider, prior to signing by the President, laws adopted by the Kurultai for their compliance with the Constitution;

3) shall consider resolutions adopted by the Kurultai for their compliance with the Constitution;

4) shall consider international treaties prior to ratification for their compliance with the Constitution;

5) shall consider the execution of decisions of international organizations and their bodies for their compliance with the Constitution;

6) shall give official interpretation of the norms of the Constitution;

7) shall give conclusions in cases provided for by paragraphs 2 and 3 of Article 50 of the Constitution.

2. The Constitutional Court shall consider applications of the President in cases provided for by subparagraph 11) of Article 46 of the Constitution, as well as applications of courts in cases provided for by Article 79 of the Constitution.

3. The Constitutional Court, upon applications of citizens of the Republic of Kazakhstan, shall review normative legal acts of the Republic of Kazakhstan that directly affect their constitutional rights and freedoms for compliance with the Constitution.

The procedure and conditions for applications by citizens of the Republic of Kazakhstan to the Constitutional Court shall be determined by constitutional law.

4. The Constitutional Court, upon application of the Prosecutor General, shall consider issues specified in subparagraphs 4), 5), and 6) of paragraph 1 of this Article, as well as normative legal acts of the Republic of Kazakhstan for compliance with the Constitution.

5. The Constitutional Court, upon application of the Commissioner for Human Rights, shall consider normative legal acts of the Republic of Kazakhstan affecting constitutional rights and freedoms of individuals and citizens for compliance with the Constitution.

6. The Constitutional Court shall give conclusions in cases provided for by paragraph 1 of Article 50 and paragraph 1 of Article 51 of the Constitution.

Article 74

1. In the case of an application to the Constitutional Court on issues specified in subparagraph 1) of paragraph 1 of Article 73 of the Constitution, the assumption of office of the President of the Republic of Kazakhstan, the registration of elected deputies of the Kurultai, and the determination of the results of a national referendum shall be suspended accordingly.

2. In the case of an application to the Constitutional Court on issues specified in subparagraphs 2) and 4) of paragraph 1 of Article 73 of the Constitution, the running of the time limits for signing or ratification of the relevant acts shall be suspended.

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

Article 75

1. Laws and international treaties recognized as not complying with the Constitution may not be signed, ratified, or brought into force.

2. Laws and other normative legal acts, or their individual provisions, recognized as not complying with the Constitution, including those infringing upon the rights and freedoms of individuals and citizens stipulated by the Constitution, shall cease to have effect and shall not be subject to application from the day the decision of the Constitutional Court is adopted or from the date established by it.

Laws and other normative legal acts, or their individual provisions, recognized as complying with the Constitution in the interpretation of the Constitutional Court, shall be applied in such interpretation.

3. Decisions of international organizations and their bodies, or individual provisions of such decisions, the execution of which has been recognized by the Constitutional Court as not complying with the Constitution, shall not be subject to execution.

4. Decisions of the Constitutional Court shall enter into force on the day of their adoption, shall be binding throughout the entire territory of the Republic of Kazakhstan, shall be final, and shall not be subject to appeal.

Section VIII

Justice. The Prosecutor’s Office.

Human Rights Protection Mechanisms

Article 76

1. Justice in the Republic of Kazakhstan shall be administered only by the courts.

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

3. The courts of the Republic of Kazakhstan shall consist of the Supreme Court, local courts and other courts established by law.

4. The judicial system of the Republic of Kazakhstan shall be established by the Constitution and constitutional law. The establishment of special or extraordinary courts under any name shall not be permitted.

Article 77

1. Judicial power shall be exercised on behalf of the Republic of Kazakhstan for the purpose of protecting the rights, freedoms and lawful interests of individuals, citizens and organizations, as well as ensuring the implementation of the Constitution, laws, other normative legal acts and international treaties of the Republic of Kazakhstan.

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

3. Decisions, sentences and other rulings of courts shall have binding force throughout the entire territory of the Republic of Kazakhstan.

Article 78

1. A judge, in the administration of justice, shall be independent and subject only to the Constitution and the law.

2. Any interference in the activity of a court in the administration of justice shall be inadmissible and shall entail liability under the law. Judges shall not be accountable in specific cases.

3. In administering justice, a judge shall be guided by the following principles:

1) no one may have the jurisdiction provided by law changed without their consent;

2) in court, everyone shall have the right to be heard;

3) the accused shall not be obliged to prove their innocence;

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

5) evidence obtained unlawfully shall have no legal force. No one may be convicted solely on the basis of their own confession;

6) application of criminal law by analogy shall not be permitted.

4. The principles of justice established by the Constitution shall be common and uniform for all courts and judges of the Republic of Kazakhstan.

Article 79

Courts shall not have the right to apply laws or other normative legal acts that infringe upon the rights and freedoms of individuals and citizens enshrined in the Constitution.

If a court determines that a law or other normative legal act subject to application infringes upon the rights and freedoms of individuals and citizens enshrined in the Constitution, it shall suspend proceedings and apply to the Constitutional Court with a submission requesting recognition of such act as unconstitutional.

Article 80

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

2. A judge may not be detained, except in cases of detention at the scene of a crime or commission of grave or especially grave crimes, held in custody, subjected to compulsory appearance, subjected to an administrative penalty imposed by a court, or brought to criminal liability without the consent of the President of the Republic of Kazakhstan based on the conclusion of the High Judicial Council, or without the consent of the Kurultai, respectively.

3. Requirements for judges of the courts of the Republic of Kazakhstan shall be determined by constitutional law.

4. The office of a judge shall be incompatible with a deputy mandate, holding other paid positions except for teaching, scientific or creative activity, engaging in entrepreneurial activity, or membership in a governing body or supervisory board of a commercial organization.

Article 81

Financing of courts and provision of housing to judges shall be carried out at the expense of the republican budget and shall ensure the full and independent administration of justice.

Article 82

The Supreme Court shall be the highest judicial body on civil, administrative, criminal and other cases within the jurisdiction of local and other courts. In cases stipulated by law, it shall consider cases within its jurisdiction and provide explanations on issues of judicial practice.

Article 83

1. The Chairperson of the Supreme Court shall be appointed by the President of the Republic of Kazakhstan upon the recommendation of the High Judicial Council and shall simultaneously serve as a judge of the Supreme Court for the term of office. The term of office of the Chairperson of the Supreme Court shall be six years.

The same person may not be appointed in accordance with the Constitution as Chairperson of the Supreme Court more than once.

Judges of the Supreme Court shall be elected by the Kurultai upon proposal of the President of the Republic of Kazakhstan based on the recommendation of the High Judicial Council.

2. Judges of local and other courts shall be appointed by the President of the Republic of Kazakhstan upon the recommendation of the High Judicial Council.

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

4. The Chairperson of the High Judicial Council shall be appointed by the President of the Republic of Kazakhstan.

5. The status, procedure for formation and organization of the work of the High Judicial Council shall be determined by law.

Article 84

1. The Prosecutor’s Office, on behalf of the State, shall exercise, within the limits and forms established by law, the highest supervision over compliance with legality on the territory of the Republic of Kazakhstan, represent the interests of the State in court and, on behalf of the State, carry out criminal prosecution.

2. The Prosecutor’s Office of the Republic of Kazakhstan shall constitute a single centralized system, with subordination of lower prosecutors to higher prosecutors and to the Prosecutor General. It shall exercise its powers independently of other state bodies and officials and shall be accountable only to the President of the Republic of Kazakhstan.

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

The same person may not be appointed in accordance with the Constitution as Prosecutor General more than once.

4. The Prosecutor General, during their term of office, may not be detained, except in cases of detention at the scene of a crime or commission of grave or especially grave crimes, held in custody, subjected to compulsory appearance, subjected to an administrative penalty imposed by a court, or brought to criminal liability without the consent of the President of the Republic of Kazakhstan.

5. The competence, organization and procedure of activity of the Prosecutor’s Office shall be determined by constitutional law.

Article 85

1. The Commissioner for Human Rights in the Republic of Kazakhstan shall facilitate the restoration of violated rights and freedoms of individuals and citizens and promote the advancement of the rights and freedoms of individuals and citizens.

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

3. In the exercise of their powers, the Commissioner for Human Rights shall be independent and shall not be accountable to state bodies or officials.

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

5. The legal status and organization of the activity of the Commissioner for Human Rights shall be determined by constitutional law.

Article 86

1. The legal profession in the Republic of Kazakhstan shall facilitate the realization of human rights guaranteed by the State to judicial protection and to legal assistance. Legal assistance shall be provided by advocates and other persons in accordance with the law.

2. The procedure for the practice of advocacy, as well as the rights, duties and responsibilities of an advocate, shall be determined by law.

Section IX

Local State Administration and Self-Government

Article 87

Local state administration shall be exercised by local representative and executive bodies, which shall be responsible for the state of affairs within the respective territory.

Article 88

1. Local representative bodies – maslikhats – shall express the will of the population of the respective administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and oversee their execution.

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

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

4. The competence of maslikhats shall include:

1) approval of plans, economic and social development programs of the territory, the local budget, and reports on their execution;

2) resolution of matters within their competence concerning the local administrative-territorial structure;

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

4) establishment of standing commissions and other working bodies of the maslikhat, hearing reports on their activities, and resolution of other matters related to the organization of the work of the maslikhat;

5) exercise, in accordance with the law, of other powers to ensure the rights and lawful interests of citizens of the Republic of Kazakhstan.

5. The powers of a maslikhat shall be terminated early by the President of the Republic of Kazakhstan after consultations with the Prime Minister and the Chairperson of the Kurultai, as well as in the event that the maslikhat adopts a decision on self-dissolution.

6. The competence of maslikhats, the procedure for their organization and activity, and the legal status of their deputies shall be established by law.

Article 89

1. Local executive bodies shall form part of a unified system of executive bodies of the Republic of Kazakhstan and shall ensure the implementation of national executive policy in combination with the interests and development needs of the respective territory.

2. The competence of local executive bodies shall include:

1) development of plans and economic and social development programs of the territory, the local budget, and ensuring their execution;

2) management of municipal property;

3) appointment to and dismissal from office of heads of local executive bodies, and resolution of other matters related to the organization of the work of local executive bodies;

4) exercise, in the interests of local state administration, of other powers assigned to local executive bodies by law.

3. A local executive body shall be headed by the akim of the respective administrative-territorial unit, who shall be a representative of the President and the Government of the Republic of Kazakhstan.

4. Akims of the capital, regions, and cities of republican significance shall be appointed by the President of the Republic of Kazakhstan with the consent of the deputies of the maslikhat of the capital, maslikhats located within the region, or the maslikhat of the city of republican significance, respectively.

The President of the Republic of Kazakhstan shall propose no fewer than two candidates, on whom voting shall be conducted. A candidate who receives a majority of the votes of the maslikhat deputies participating in the vote shall be deemed to have received consent.

Akims of other administrative-territorial units shall be appointed or elected to office, and dismissed from office, in the manner determined by law. The President of the Republic of Kazakhstan shall have the right, at their discretion, to dismiss akims of the capital, regions, and cities of republican significance.

5. At the initiative of not less than one fifth of the total number of maslikhat deputies, a question of expressing a vote of no confidence in an akim may be raised. In such case, the maslikhat, by a majority of the total number of its deputies, shall have the right to express no confidence in the akim and submit a proposal for their dismissal to the President of the Republic of Kazakhstan with respect to akims of the capital, regions, and cities of republican significance, or to a higher-ranking akim with respect to akims of other administrative-territorial units. The powers of akims of the capital, regions, and cities of republican significance shall terminate upon the assumption of office by a newly elected President of the Republic of Kazakhstan.

6. The competence of local executive bodies, as well as the procedure for their organization and activity, shall be established by law.

Article 90

1. Maslikhats shall adopt decisions within their competence, and akims shall issue decisions and orders binding within the territory of the respective administrative-territorial unit.

2. Draft decisions of maslikhats providing for a reduction of local budget revenues or an increase in local budget expenditures may be submitted for consideration only upon a positive conclusion of the akim.

3. Decisions of maslikhats that do not comply with the Constitution and the laws of the Republic of Kazakhstan may be annulled by a court.

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

Article 91

1. Local self-government shall be recognized in the Republic of Kazakhstan and shall ensure the independent resolution by the population of issues of local significance.

2. Local self-government shall be exercised directly by the population, as well as through maslikhats and other local self-government bodies in local communities encompassing territories where groups of the population reside compactly. Local self-government bodies may, in accordance with the law, be delegated state functions.

3. The organization and activity of local self-government in Kazakhstan shall be regulated by law.

4. The independence of local self-government bodies shall be guaranteed within the limits of their powers established by law.

Section X

Amendments and Additions to the Constitution

Article 92

1. Amendments and additions to the Constitution of the Republic of Kazakhstan shall be made by a national referendum conducted by decision of the President of the Republic of Kazakhstan, adopted on their own initiative or on the initiative of the Kurultai, the Government, or the Kazakhstan Halyk Kenesi.

2. A national referendum shall be deemed valid if more than half of the citizens of the Republic of Kazakhstan entitled to participate in the national referendum take part in the voting.

3. Amendments and additions to the Constitution submitted to a national referendum shall be deemed adopted if more than half of the citizens of the Republic of Kazakhstan who participated in the voting vote in favor, in not less than 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 shall be submitted to a national referendum upon the conclusion of the Constitutional Court confirming their compliance with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.

Section XI

Final and Transitional Provisions

Article 94

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

2. The day of adoption of the Constitution at the republican referendum shall be declared a national holiday – Constitution Day of the Republic of Kazakhstan.

Article 95

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

Elections to the Kurultai shall be announced by the President of the Republic of Kazakhstan within one month and held within two months from the date of entry into force of the Constitution.

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

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

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

4. The Chairpersons and members of the Central Election Commission and the Supreme Audit Chamber shall be appointed within two months from the opening of the first session of the first convocation of the Kurultai. Until the formation of the new compositions of the Central Election Commission and the Supreme Audit Chamber, the Chairpersons and members of the Central Election Commission and the Supreme Audit Chamber appointed in accordance with the Constitution of the Republic of Kazakhstan of 30 August 1995 shall retain their powers.

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

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

Article 96

1. Laws and other normative legal acts of the Republic of Kazakhstan in force on the day the Constitution enters into force shall apply insofar as they do not contradict the Constitution.

2. The Government and central and local state bodies shall take the necessary measures to bring normative legal acts into compliance with the Constitution.

3. Normative resolutions of the Constitutional Council and the Constitutional Court adopted in accordance with the legislation of the Republic of Kazakhstan in force on the day the Constitution enters into force shall retain legal force insofar as they do not contradict the Constitution.

Source : https://www.gov.kz/memleket/entities/mfa-addis-ababa/press/news/details/1184376?lang=kk