Constitution of the Republic of Kazakhstan Printable version

1. The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.

2. The fundamental principles of the activity of the Republic are public concord and political stability; economic development for the benefit of all the nation; Kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the Parliament.

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

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

3. The administrative-territorial division of the Republic, the status of its capital shall determine by the law. Capital of Kazakhstan is the city of Astana.

3.1. Within the city of Astana, a special legal regime can be established in the financial sphere in accordance with the constitutional law.

4. The names «Republic of Kazakhstan» and «Kazakhstan» have the same meaning.

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

2. The people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions.

3. Nobody shall have the right to appropriate power in the Republic of Kazakhstan. Appropriation of power shall be persecuted by law. The right to act on behalf of the people and the state shall belong to the President as well as to the Parliament of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities.

4. The state power in the Republic of Kazakhstan is unified and executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and a system of checks and balances that governs their interaction.

1. The provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Court and the Supreme Court of the Republic shall be the functioning law in the Republic of Kazakhstan.

2. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.

3. International treaties ratified by the Republic of Kazakhstan have priority over its laws. The procedure and conditions for implementation of international treaties to which the Republic of Kazakhstan is a party on the territory of the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan. 

4. All laws, international treaties of which the Republic is a party shall be published. Official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be a necessary condition for their application.

1. The Republic of Kazakhstan shall recognize ideological and political diversity. The formation of political party organizations in state bodies shall not be permitted.

2. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public associations and of public associations in the affairs of the state, imposing the functions of state institutions on public associations shall not be permitted.

3. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.

4. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.

5. Activities of foreign religious associations on the territory of the Republic as well as appointment of heads of religious associations in the Republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the Republic.

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

2. Russian language shall be officially used on equal grounds along with the Kazakh language in state institutions and local self-administrative bodies.

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

1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated as prescribed by law, shall be indivisible and equal regardless of the grounds of its acquisition.

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

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

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

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

1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.

2. Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts.

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

4. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties.

5. Exercise of a citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.

1. Everyone has the right to recognition of his/her legal personality and the right to protect his/her rights and freedoms by all means not contradicting the law, including the necessary defense.

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

3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.

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

2. No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances.

1. Everyone shall have the right to life.

2. No one has the right to intentionally deprive a person of life. The death penalty is prohibited.

1. Everyone shall have the right to personal freedom.

2. Arrest and detention shall be allowed only in cases stipulated by law and with the sanction of a court with right of appeal of an arrested person. Without the sanction of a court, a person may be detained for a period no more than seventy-two hours4.

3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a defense lawyer (defender) from the moment of detention, arrest or accusation.

1. A person’s dignity shall be inviolable.

2. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.

1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity.

2. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right shall be permitted only in the cases and according to the procedure directly established by law.

3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.

1. Everyone shall have the right to determine and indicate or not to indicate his national, party and religious affiliation

2. Everyone shall have the right to use his native language and culture, to freely choose the language of communication, education, instruction and creative activities.

1. The freedom of speech and creative activities are guaranteed. Censorship is prohibited.

2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.

3. Propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed.

1. Everyone who has a legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose a place of residence except in cases stipulated by law.

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

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

2. The right to freedom of conscience must not specify or limit universal human and civil rights and responsibilities before the state.

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

2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, chairmen and members of the Central Election Commission, the Supreme Audit Chamber of the Republic, military personnel, employees of national security agencies, law-enforcement agencies should not belong to political parties, trade unions, or support any political party.

1. Everyone has the right to engage in work, free choice of occupation and profession. Forced labour is allowed only based on a court ruling on finding guilty of committing a criminal or administrative offense, or in conditions of emergency or martial law.

2. Everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, as well as to social protection against unemployment.

3. The right to individual and collective labor disputes using the methods for resolving them, established by law, including the right to strike, shall be recognized.

4. Everyone shall have the right to rest. Working labor agreements specifying the length of working time, days off and holidays, and paid annual leave shall be guaranteed by law.

1. The right to housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court judgment. Entry into housing, its inspection and search shall be permitted only in certain cases and according to the procedure stipulated by law.

2. Provisions to provide citizens with housing in the Republic of Kazakhstan shall be created. Citizens in need of housing shall be categorized in a manner, to be prescribed by law and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law.

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

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

3. No one may be deprived of his property unless otherwise stipulated by a court decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation.

4. Everyone shall have the right to freedom of entrepreneurial activity, and free use of his property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and limited by law. Unfair competition shall be prohibited.

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

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

3. Adult, able-bodied children must take care of their disabled parents.

1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of a breadwinner and other legal grounds.

2. Voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged.

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

2. Citizens of the Republic shall be entitled to free, guaranteed, extensive medical assistance established by law.

3. Paid medical treatment shall be provided by state and private medical institutions as well as by persons engaged in private medical practice on the terms and according to the procedures stipulated by law.

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

2. A citizen shall have the right to receive on a competitive basis a higher education in a state higher educational establishment.

3. The citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms established by law.

4. The state shall set uniform compulsory standards in education. The activity of any educational establishment must comply with these standards.

1. The state shall set an objective to protect the environment favorable for the life and health of the person.

2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.

1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.

2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum.

3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to the citizens judged incapable by a court as well as those held in places of confinement on a court’s sentence.

4. Citizens of the Republic shall have the equal right to serve in a public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.

1. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.

2. Everyone must respect the state symbols of the Republic5.

1. Defense of the Republic of Kazakhstan shall be a sacred duty and responsibility of its every citizen.

2. Citizens of the Republic shall perform military service according to the procedure and in the forms established by law.

1. Rights and freedoms of an individual and citizen may be limited only by law and only to the extent necessary for the protection of the constitutional system, defense of public order, human rights and freedoms, and the health and morality of the population.

2. Any actions capable of violating interethnic and interfaith harmony shall be deemed unconstitutional.

3. Restriction of the rights and freedoms of citizens for political reasons is not allowed in any form. In no case are the rights and freedoms provided for in Articles 11, 13–15, Clause 1 of Article 16, Article 17, Article 19, Article 22, Clause 2 of Article 26 of the Constitution subject to restriction.

1. The President of the Republic of Kazakhstan shall be the head of the state, holder of the highest office determining the main guidelines of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.

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

3. The President of the Republic ensures the coordinated functioning of all branches of government and the responsibility of the authorities to the people.

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

2. A citizen of the Republic by birth, aged at least forty years old, fluent in the state language, living in Kazakhstan for the last fifteen years and having a higher education may be elected President of the Republic of Kazakhstan. The constitutional law may establish additional requirements for presidential candidates of the Republic.

3. Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of a new Parliament of the Republic.

3.1. Extraordinary presidential elections shall be assigned by the decision of the President of the Republic and shall be held in accordance with the procedure and terms established by the Constitutional Law.

4. Excluded by the Law of the Republic of Kazakhstan as of October 07, 1998 No. 284-I (effective from the date of its publication).

5. A candidate who receives more than fifty percent of the votes cast by voters who have taken part in the voting shall be considered elected. In the event that none of the candidates receives the specified number of votes, a second vote shall be taken, in which two candidates who receive the largest number of votes participate. A candidate is considered to be elected if he receives a greater number of votes of the voters who took part in the voting.

1. The President of the Republic of Kazakhstan shall take office from the moment of swearing to the people the following oath: "I solemnly swear that I will faithfully serve the people of Kazakhstan, strictly observe the Constitution and the laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens and honestly perform the high duties of the President of the Republic of Kazakhstan entrusted to me."

2. The oath is taken on the second Wednesday of January in a solemn atmosphere in the presence of deputies of Parliament, judges of the Constitutional Court, the Supreme Court, as well as ex-Presidents of the Republic. In the case provided for by Article 48 of the Constitution, a person who undertook the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of acceptance of the powers of the President of the Republic.

3. The powers of the President of the Republic shall terminate from the moment the newly -elected President of the Republic takes office as well as in the case of early discharge from office, resignation or death. All former Presidents of the Republic, except those who were discharged from office, shall have the title of ex-President of the Republic of Kazakhstan.

4. Excluded by the Law of the Republic of Kazakhstan as of October 07, 1998 No. 284-I (effective from the date of its publication).

5. The same person may not be elected President of the Republic more than once.

6. This restriction shall not apply to the First President of the Republic of Kazakhstan.

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

2. Provision, service, and guard of the President of the Republic and his family shall be carried out at the state’s expense.

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

4. Excluded by the Law of the Republic of Kazakhstan as of June 08, 2022 (effective from June 08, 2022).

1. The President of the Republic of Kazakhstan may be prematurely dismissed from office if he/she is permanently unable to carry out his/her duties due to illness. In this case, the Parliament forms a commission consisting of an equal number of deputies from each Chamber and specialists in the relevant fields of medicine. The decision on early release is made at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of deputies of each Chamber on the basis of the statement of the commission and the statement of the Constitutional Court on compliance with the established constitutional procedures.

2. The President of the Republic is responsible for actions committed in the performance of his/her duties only in the case of high treason and may be dismissed from office by Parliament for this. The decision to bring charges and initiate investigation may be taken by a majority of the total number of deputies of the Mazhilis at the initiative of at least one third of its deputies. The investigation of the accusation is organized by the Senate, and its results by a majority vote of the total number of deputies of the Senate are submitted to a joint session of the Chambers of Parliament. The final decision on this issue is taken at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of votes of the deputies of each Chamber, if there is a statement of the Supreme Court on the validity of the charge and a statement of the Constitutional Court on compliance with the established constitutional procedures. Failure to make a final decision within two months from the date of the indictment entails the recognition of the charges against the President of the Republic rejected. The rejection of an accusation of the President of the Republic of committing high treason at any stage entails the early termination of the powers of the deputies of the Mazhilis who initiated the consideration of this issue.

3. The issue of discharge of the President of the Republic from office may not be initiated in the period when the President is considering premature termination of the powers of the Parliament of the Republic or the Majilis of the Parliament.

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

2. Parliament's powers shall begin from the opening of its first session and terminate with the first session of the Parliament of a new convocation.

3. The powers of Parliament may be terminated early in cases and as stipulated by the Constitution.

4. Constitutional Law shall determine the organization and activity of Parliament as well as the legal status of its deputies.

1. The Parliament shall consist of two Chambers: the Senate and the Mazhilis, which act on a permanent basis.

2. The Senate is formed by deputies representing two people from each region, city of republican significance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate are appointed by the President of the Republic, five of whom are appointed on the proposal of the Assembly of People of Kazakhstan.

3. The Mazhilis consists of ninety-eight deputies elected in accordance with the procedure established by the constitutional law under the mixed electoral system, i.e. according to the system of proportional representation in the territory of a single national electoral district, as well as in single-mandate territorial electoral districts.

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

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

1. The election of Mazhilis deputies is carried out based on universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Mazhilis are held no later than two months before the end of the term of office of the current convocation of Parliament.

2. The election of deputies of the Senate shall be carried out on the basis of indirect suffrage by secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the expiry of their term of office.

3. Extraordinary elections of the deputies of Parliament or the Mazhilis of Parliament shall be held within two months from the day of early termination of the powers of Parliament or the Mazhilis of Parliament respectively.

4. A deputy of Parliament may be a person who is a citizen of the Republic of Kazakhstan and who has been a permanent resident for the last ten years on its territory. A deputy of the Senate may be a person who has reached thirty years of age, has a higher education and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective region, city of republic significance or the capital of the Republic. A deputy of the Mazhilis may be a person who has reached twenty-five years of age.

5. Constitutional Law shall regulate elections of the deputies of the Parliament of the Republic.

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

1. Excluded by the Law of the Republic of Kazakhstan dated No. 254 dated May 21, 2007.

2. Deputies of Parliament are obliged to take part in its work. Voting in Parliament shall be carried out by the deputy only in person. The absence of a deputy without a clear reason at meetings of the Chambers and their bodies more than three times, as well as the transfer of the right to vote, entails the application to the deputy of statutory measures of punishment.

3. A deputy of Parliament shall not have the right to be a deputy of another representative body, occupy other paid positions, except teaching, research, and creative activities, be engaged in entrepreneurial activity, be a member of a governing body or a supervisory board of a commercial organization. Violation of this rule shall entail the termination of a deputy's powers.

4. A deputy of Parliament during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed judicially, charged with criminal liability without the consent of a respective Chamber except for cases of being detained at the scene of a crime or the commission of serious crimes.

5. The powers of a deputy of the Parliament shall be terminated in cases of resignation, death, being recognized as incapable, dead or untraceable by a valid judgment of the court, and in other cases stipulated by the Constitution and the Constitutional Law.

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

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

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

3) loss of citizenship of the Republic of Kazakhstan.

A deputy of the Mazhilis of Parliament is deprived of his/her mandate for the following reasons:

1) withdrawal or exclusion from a political party from which, in accordance with the constitutional law, he/she was elected on the basis of a party list; 

2) termination of the activity of a political party from which, in accordance with the constitutional law, a deputy was elected on the basis of a party list;

3) recall of a deputy elected in a single-mandate territorial electoral district by voters in the manner determined by the constitutional law.

The powers of appointed deputies of the Senate of Parliament may be terminated early by the decision of the President of the Republic.

The powers of the deputies of Parliament and the Mazhilis of Parliament shall be terminated early in cases of dissolution of Parliament and the Mazhilis of Parliament respectively.

Parliament at a joint session of the Chambers shall:

1. Introduce amendments and supplements to the Constitution pursuant to the proposal of the President of the Republic of Kazakhstan;

1-1) adopts constitutional laws;

1-2) holds a second discussion and vote on constitutional laws or articles of the constitutional law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Parliament, by a three-quarters majority of the total number of deputies of each Chamber, overcomes the objections of the President, the President signs the constitutional law within one month. If the President's objections are not overcome, the constitutional law is considered rejected or adopted in the wording proposed by the President.

2. Approves the reports of the Government and the Supreme Audit Chamber on the execution of the republican budget. The failure of the Parliament to approve the Government's report on the execution of the republican budget means that the Parliament expresses a vote of non-confidence in the Government.

3. Excluded by the Law of the Republic of Kazakhstan No.51-VI dated March 10, 2017 (shall be applied from the date of its first official publication).

4. Take a decision on war and peace issues.

5. Take the decision to use the Armed Forces of the Republic pursuant to the proposal of the President of the Republic to fulfil international obligations for the maintenance of peace and security.

6. Hears the annual messages of the Constitutional Court on the state of constitutional legitimacy in the Republic.

7. Form joint commissions of the Chambers, elect and release their chairpersons from office, hear reports on the activity of the commissions.

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

1. The Parliament adopts laws in a separate session of the Chambers by sequentially considering issues first in the Mazhilis and then in the Senate, including:

1) Approve the national budget and make amendments and supplements thereto;

2) Establish and annul state taxes and dues;

3) Establish the rules for resolution of issues related to the administrative and territorial structure of the Republic of Kazakhstan;

4) Institute state awards, honorary, military and other titles, ranked positions, diplomatic ranks of the Republic of Kazakhstan, and determine state symbols of the Republic;

5) resolve issues of state loans and economic and other assistance granted by the Republic of Kazakhstan;

6) Resolve amnesty issues;

7) Ratify and denounce international treaties of the Republic.

2. The Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate shall:

1) Discuss the National Budget Performance Report;

2) holds a second discussion and vote on the laws or articles of the law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Mazhilis and the Senate overcome the objections of the President by a two-thirds majority of the total number of deputies of each Chamber, the President signs the law within one month. If the President's objections are not overcome by at least one of the Chambers, the law is considered to be rejected or adopted in the wording proposed by the President;

3) Initiate the national referendum.

The following shall be the exclusive responsibility of the Senate:

1. Election and release from office of the Chairperson of the Supreme Court and judges of the Supreme Court of the Republic of Kazakhstan upon the recommendation of the President of the Republic of Kazakhstan, and swearing them into office.

1-1. Election of The Human Rights Commissioner in Kazakhstan for a five-year term and his release from office upon the recommendation of the President of the Republic of Kazakhstan.

2. Consent to the appointment by the President of the Republic of the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee of the Republic.

3. Deprivation of immunity of the Prosecutor General, the Chairman and judges of the Supreme Court of the Republic, the Commissioner for Human Rights in the Republic of Kazakhstan.

4. Excluded by the Law of the Republic of Kazakhstan as of May 21, 2007 No. 254-III (effective from the date of its official publication).

5. Performance of the Parliament’s functions with regard to adoption of constitutional and other laws, when the Mazhilis is absent due to the early termination of its powers.

6. Performance of other powers that have been conferred upon the Senate by the Constitution.

1. The following shall be the exclusive responsibility of the Mazhilis:

1) The decision to consider draft constitutional and other laws submitted to Parliament and the consideration of such laws.

2) Acceptance of the President's candidate for Prime Minister by a majority vote of the total number of deputies of the Chamber. 

3) Announcement of the regular Presidential elections in the Republic.

3-1) Hearing twice a year the report of the Chairman of the Supreme Audit Chamber.

4) Performance of other powers that have been conferred upon the Mazhilis by the Constitution.

2. Upon the proposal of at least one fifth of its total membership, the Mazhilis is empowered to adopt by a simple majority of its total membership, a vote of no confidence in the Government.

1. Justice in the Republic of Kazakhstan shall be exercised only by a court.

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

3. The courts of the Republic are the Supreme Court of the Republic and local and other courts of the Republic established by law.

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

1. Judicial authority shall be exercised on behalf of the Republic of Kazakhstan and, by its purpose, has the protection of the rights, freedoms and legitimate interests of citizens and organizations and the enforcement of the Constitution, laws, other normative legal acts and international treaties of the Republic.

2. The judicial power extends to all cases and disputes arising on the basis of the Constitution, laws, other regulatory legal acts and international treaties of the Republic.

3. Decisions, sentences and other rulings of the courts are binding throughout the territory of the Republic.

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

2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.

3. When applying the law, the judge shall be guided by the following principles:

1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;

2) no one may be subjected to repeated criminal or administrative liability for the same offense;

3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;

4) everyone has the right to be heard in court;

5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;

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

7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;

8) any doubts about the guilt of the person shall be interpreted in favour of the accused;

9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession;

10) the application of criminal law by analogy is not allowed.

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

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

2. A judge may not be arrested, subjected to detention, administrative penalties imposed in court, brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council of the Republic, or in the case established by subclause 3) of Article 55 of the Constitution, without the consent of the Senate, except in cases of detention on a crime site or commissioning of serious crimes.

3. The requirements imposed on judges of the courts of the Republic are determined by the constitutional law.

4. The position of a judge is incompatible with the following roles: a deputy’s mandate, the occupation of another paid position except for teaching, scientific or other creative activities,; entrepreneurial activities, and joining the governing body or supervisory board of a commercial organization.

1. The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the Republic, based on recommendation of the High Judicial Council.

2. The Chairpersons and judges of local and other courts are appointed by the President of the Republic based on the recommendation of the High Judicial Council.

3. In accordance with constitutional law, judicial panels may be established in courts. The procedure for empowering the chairpersons of the judicial boards shall be determined by constitutional law.

4. The Chairman of the Supreme Judicial Council is appointed by the President of the Republic with the consent of the Senate of the Parliament.

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

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

2. The Office of the Public Prosecutor of the Republic shall compile a single centralized system with the subordination of the lower level prosecutors to the higher and to the Prosecutor General of the Republic. It exercises its authority independently of other state bodies and officials, and is accountable only to the President of the Republic.

3. The Prosecutor General of the Republic during his term of office may not be arrested, brought to trial, be subject to administrative measures imposed in court or brought to criminal responsibility without the consent of the Senate, except in cases of detention at the crime scene or committing serious crimes. The term of office of the Prosecutor General is five years.

4. The competence, organization and procedure of the Prosecutor's Office of the Republic are determined by the Constitutional law.

1. Maslikhats are local representative bodies that express the will of the population and of the respective administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and control their implementation.

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 twenty years of age may be elected deputy of the Maslikhat. A citizen of the Republic may be a deputy of only one Maslikhat.

4. The jurisdiction of Maslikhats includes:

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

2) the solution of issues related to their jurisdiction of the local administrative-territorial structure;

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

4) the formation of standing commissions and other working bodies of the Maslikhat, the hearing of reports on their activities, and the solution of other issues related to organization of work in Maslikhat;

5) implementation in accordance with the legislation of the Republic of other powers to ensure the rights and legitimate interests of citizens.

5. The powers of the maslikhat are terminated prematurely by the President of the Republic after consultations with the Prime Minister and the Chairmen of the Chambers of Parliament, as well as in the case of the maslikhat's decision on voluntary dissolution.

6. The competence of Maslikhats, the order of their organization and activities, and the legal status of their deputies are established by law.

1. Maslikhats make decisions on issues of their competence, and Akims make decisions and orders that are binding on the territory of the corresponding administrative and territorial unit.

2. Draft decisions of Maslikhats providing for a reduction in local budget revenues or an increase in local budget expenditures can be submitted for consideration only if there is a positive conclusion by an Akim.

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

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

1. In the Republic of Kazakhstan, local self-government is recognized, which provides for independent decision-making by the population regarding local issues.

2. Local self-government is exercised by the population directly, as well as through Maslikhats and other local self-government bodies in local communities covering the territories in which population groups live compactly.

In accordance with the law, local governments may be delegated the exercise of state functions.

3. The organization and activities of local self-government in Kazakhstan are regulated by law.

4. Independence of local governments is guaranteed within the limits of their authority established by law.

1. The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, enters into force from the day of the official publication of the results of the referendum, with simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.

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

1. Amendments and additions to the Constitution of the Republic of Kazakhstan may be made by a republican referendum held by the decision of the President of the Republic, adopted by him/her on his/her own initiative, the proposal of the Parliament or the Government. The draft amendments and additions to the Constitution are not submitted to a republican referendum if the President decides to submit it to the Parliament for consideration. The decision of the Parliament is taken in this case in accordance with the procedure established by the Constitution. If the President of the Republic rejects the Parliament's proposal to submit amendments and additions to the Constitution to a republican referendum, the Parliament has the right to adopt a law on making these amendments and additions to the Constitution by a majority of at least four-fifths of the total number of deputies of each of the Chambers of Parliament. In this case, the President of the Republic signs this law or submits it to a republican referendum, which is considered to have taken place if more than half of the citizens of the Republic who have the right to participate in the republican referendum took part in the vote. Amendments and additions to the Constitution submitted to a republican referendum are considered accepted if more than half of the citizens who took part in the voting voted for them in at least two-thirds of regions, cities of republican significance and the capital.

2. Independence of the State, unitarity and territorial integrity of the Republic established by the Constitution, form of its government, the fundamental principles of the Republic's activities, provisions that the President of the Republic is elected for a term of seven years and the same person cannot be elected President of the Republic more than once are unchanged.

3. Amendments and additions to the Constitution of the Republic shall be submitted to a republican referendum or to the Parliament of the Republic for consideration if there is a statement of the Constitutional Court on their compliance with the requirements established by Clause 2 of the Article.

1. Constitutional laws shall be adopted within a year from the day the Constitution enters into force. If laws that are defined as constitutional in the Constitution, or acts that have the power of such have been adopted by the time it enters into force, then they are brought into line with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.

2. Other laws named in the Constitution shall be adopted in the order and terms determined by the Parliament, but not later than two years from the day the Constitution enters into force.

3. Decrees of the President of the Republic issued during the term of his/her exercise of additional powers in accordance with the Law of the Republic of Kazakhstan as of December 10, 1993 "On Temporary Delegation of Additional Powers to the President of the Republic of Kazakhstan and Heads of Local Administrations" and having the force of law may be amended, supplemented or canceled only in the manner provided for modification, addition or the repeal of the laws of the Republic. Decrees of the President of the Republic issued during the term of his/her additional powers on issues provided for in Clauses 12-15, 18 and 20 of Article 64 of the Constitution of the Republic of Kazakhstan, adopted on January 28, 1993, are not subject to approval by the Parliament of the Republic.

4. Legislation of the Republic of Kazakhstan which is in force at the time the Constitution comes into force shall be applied to the extent that does not contradict the Constitution, and within two years of the date of adoption of the Constitution should be brought into line with it.

1. The President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan which is in force at the time the Constitution enters into force, acquires the powers of the President of the Republic of Kazakhstan established by it and implements these powers during the period established by the decision adopted at the republican referendum on April 29, 1995. With the consent of the President of the Republic of Kazakhstan, the present term of office of the President of the Republic may be reduced by a resolution of the Parliament of the Republic adopted at a joint meeting of its Chambers by a majority of votes from the total number of deputies of each Chamber. In this case, the Mazhilis of the Parliament shall, within one month, appoint the election of the President of the Republic of Kazakhstan. The President of the Republic, elected on the basis of these elections, shall take the oath within one month of the date of publication of the election results, and exercises his authority until taking office as President of the Republic, elected at the next presidential election, to be held after seven years on the first Sunday of December.

2. The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time the Constitution enters into force, shall retain his authority until the expiration of the term for which he was elected.

1. One half of the deputies of the Senate of the first convocation shall be elected for a term of four years, the other half of the deputies for a term of two years, in accordance with the procedure established by constitutional law.

2. The provisions of the Constitution of the Republic of Kazakhstan, on the election of deputies of the Mazhilis of Parliament and on the basis of party lists, apply after the election of deputies of the Mazhilis of Parliament of the second convocation.

1. The bodies of justice and investigation provided for by the Constitution shall be formed in the manner and within the periods stipulated by the relevant laws. Prior to their formation, the existing justice and investigation bodies shall retain their authority.

2. Judges of the Supreme Court and the Supreme Arbitration Court, local courts of the Republic of Kazakhstan shall retain their powers until the formation of courts provided for by the Constitution. Vacant positions of judges are filled in accordance with the procedure established by the Constitution.