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Constitution of the Republic of Kazakhstan Printable version
Last update: 30.04.2026
Constitution of the Republic of Kazakhstan adopted by national referendum on March 30, 2026 (effective July 1, 2026) is the fundamental law of the country. It is designed to strengthen the foundations of the constitutional order, the rights and freedoms of a man and citizen, basis of the organization of the state. The Constitution of the Republic of Kazakhstan has the highest legal force with respect to all other legal acts: no legal act adopted in the country (constitutional law, Presidential Decree, Government decree, act of regional law-making, judgment, etc.) cannot be contrary to the Basic Law, and in case of a conflict (legal collisions) the Constitution has priority. The Constitution of the Republic of Kazakhstan is the core of the legal system of the state, the basis of the current (sectoral) legislation.
We, the united people of Kazakhstan, strengthening our statehood on the native Kazakh land, preserving the continuity of the millennia-old history of the Great Steppe, affirming the unitary nature of the State, the inviolability of its borders and territorial integrity, guided by the idea of a Just Kazakhstan and the principle of Law and Order, declaring our unwavering commitment to the observance of human and civil rights and freedoms, upholding the principles of unity and solidarity, interethnic and interfaith harmony, guided by the values of culture and education, science and innovation, recognizing the necessity of a careful and responsible attitude toward nature, striving for peace and friendship with all nations, aware of the high responsibility before future generations, adopt this Constitution - the Fundamental Law of the Republic of Kazakhstan.
Section I. Fundamentals of the Constitutional Order
Article 1
The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state, the supreme values of which are the individual, his or her 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 shall extend over its entire territory. The state shall ensure the integrity, inviolability and inalienability of its territory.
3. The administrative-territorial structure of the Republic of Kazakhstan shall be determined by law.
4. The capital of the Republic of Kazakhstan shall be the city of Astana. The status of the capital is determined by the constitutional law.
5. The names "Republic of Kazakhstan" and "Kazakhstan" shall be equal.
6. The national currency (monetary unit) of the Republic of Kazakhstan is the tenge.
The Republic of Kazakhstan has the exclusive right to issue the tenge.
7. The sovereignty, independence, unitary nature, territorial integrity, and the form of government of the Republic of Kazakhstan shall be unalterable.
Article 3
1. The fundamental principles of the activities of the Republic of Kazakhstan shall be: the protection of sovereignty and independence; the observance of human and civil rights and freedoms; the ensuring of the rule of law and public order; the strengthening of national unity; the improvement of the welfare of the people; the promotion of the ideas of responsible and constructive patriotism; the development of public dialogue; the affirmation of the values of diligence, progress, and knowledge; the formation of a high level of environmental culture; the preservation of historical and cultural heritage; and the support of national culture.
2. The Republic of Kazakhstan shall recognize the development of human capital, education, science, and innovation as a strategic priority 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 national referendum and free elections, and shall also delegate the exercise of their authority to state bodies.
3. No one shall have the right to usurp power in the Republic of Kazakhstan. The usurpation of power shall be prosecuted under the law. The right to speak 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 scope 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 separation 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 norms of the Constitution, laws corresponding thereto, normative resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan, other normative legal acts, and international treaty obligations of the Republic of Kazakhstan.
2. The Constitution shall have the highest 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 the laws and international treaties ratified by the Republic of Kazakhstan shall be published. The 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 legal position shall have no retroactive effect.
Laws establishing or increasing liability shall not have retroactive force.
In the event that a new law abolishes or mitigates liability for a previously committed offense, the new law shall apply.
6. For the purpose of accelerated economic development of certain regions of the Republic of Kazakhstan, special legal regimes may be established in the financial sphere or in the form of a “city of accelerated development,” in accordance with constitutional laws. 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. The assignment of functions of state bodies to the public associations shall also be prohibited. The establishment of organizations of political parties within state bodies shall not be permitted.
3. The creation and activities of public associations whose goals or actions are aimed at the violent change of the constitutional order, violation of the territorial integrity of the Republic of Kazakhstan, undermining state security, incitement of social, racial, national, or religious discord, as well as the establishment of paramilitary formations not provided for by the law, shall be prohibited.
4. The activities of political parties and trade unions of other states, as well as political parties established on a religious basis, shall not be permitted. The financing of political parties and trade unions by foreign legal entities, foreign citizens, stateless persons, legal entities with foreign participation, foreign states, and international organizations shall also be prohibited.
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 associations within the territory of Kazakhstan shall be carried out in accordance with the law and may be restricted for the purposes of protecting the fundamentals of the constitutional order, the rights and freedoms of individuals and citizens, ensuring national security, maintaining public order, and safeguarding public health and morality.
Article 8
1. In the Republic of Kazakhstan, property of all the forms shall be recognized, guaranteed and shall be equally protected.
2. The use of property shall serve the interests of society and the State, shall be exercised in compliance with the established environmental requirements, and shall not infringe upon the rights and lawful interests of others. The subjects and objects of property rights, the scope and limits of the exercise of such rights by owners, and the guarantees of their protection shall be determined by the law.
3. The land and its subsoil, waters, flora and fauna, and other natural resources shall belong to the people. The State shall exercise the right of ownership on behalf of the people. The land may also be privately owned on the grounds, conditions, and within the limits established by the 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 on an equal basis with the Kazakh language.
3. The State shall ensure the creation of conditions for the study and development of the languages of the people of Kazakhstan.
Article 10
The Republic of Kazakhstan shall respect the principles and norms of international law and shall pursue a 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 the constitutional law.
Section II. Fundamental rights, freedoms, and duties
Article 12
1. Everyone shall have the right to recognition of his or her legal personality.
Everyone shall have the right to defend his or her rights and freedoms by all means not prohibited by law, including necessary self-defense.
2. Everyone shall have the right to judicial protection of his or her rights and freedoms.
3. In the Republic of Kazakhstan, the right to qualified legal assistance shall be recognized in accordance with the law.
Article 13
1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated in accordance with the law. It shall be single and equal, regardless of the grounds for its acquisition.
2. A citizen of the Republic of Kazakhstan may not be deprived of citizenship, nor may he or she be deprived of the right to change his or her citizenship, nor be expelled beyond the borders of 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. In respect of minor children who have acquired the citizenship of a foreign state by birth, the provisions established by the law shall apply.
Article 14
1. A citizen of the Republic of Kazakhstan may not be extradited to a foreign state, unless otherwise provided by international treaties of the Republic of Kazakhstan.
2. The Republic of Kazakhstan shall guarantee its citizens protection beyond its borders in accordance with the law.
Article 15
1. In the Republic of Kazakhstan, human rights and freedoms 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 absolute and inalienable, and shall determine the content and application of the current law of the Republic of Kazakhstan.
3. A citizen of the Republic of Kazakhstan shall have rights and shall bear duties by virtue of his or her citizenship.
4. Foreign citizens and stateless persons shall enjoy rights and freedoms, and shall bear duties, established for citizens of the Republic of Kazakhstan, in cases provided for by the Constitution, laws, and international treaties.
5. The exercise of human and civil rights and freedoms shall not violate the rights and freedoms of others, nor encroach upon the constitutional order, public order, public health, or the morality of society.
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. All shall be equal before the law and the courts.
2. Citizens of the Republic of Kazakhstan, foreign citizens, and stateless persons residing or temporarily present in the territory of the Republic of Kazakhstan shall not be subject to discrimination on the basis of origin, social, official, or property status, sex, race, nationality, language, religion, beliefs, place of residence, or any other status.
Article 17
1. The right to life shall be an absolute and inalienable right of every person.
2. No one shall be arbitrarily deprived of life.
3. Capital punishment shall be prohibited.
Article 18
1. Everyone shall be guaranteed the right to personal liberty and inviolability.
2. No person shall be subjected to detention for a period exceeding that prescribed by the law without a court decision.
Detention shall be permitted only pursuant to a court decision, with the right to appeal guaranteed.
3. At the moment of detention, every person shall be informed of the grounds for the restriction of his or her liberty and of his or her rights.
4. A detained person, suspect, or accused shall have the right to the assistance of counsel (defense attorney) 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 his or her guilt has been established by a court judgment that has entered into legal force.
2. No one shall be obliged to testify against himself or herself, a spouse, or close relatives, the scope of which shall be determined by the law.
Clergy shall not be obliged to testify against persons who have confided in them during confession.
3. No person shall be subjected to repeated criminal or administrative liability for the same offense.
Article 20
1. The honour and dignity of the individual shall be inviolable and shall be protected by the law.
2. No one shall be subjected to torture, violence, or to other cruel or degrading treatment or punishment.
Article 21
1. The right to privacy, personal and family secrets, and the protection of personal data from unlawful collection, processing, storage, and use, including through the application of digital technologies, shall be guaranteed by the law.
2. The secrecy of banking transactions, personal deposits and savings, correspondence, telephone conversations, postal and other communications transmitted by means of communication, including through the application of digital technologies, shall be protected by the law. Restriction of this right shall be permitted only in cases and in accordance with procedures established by the law.
3. State bodies, public associations, officials, and mass media shall be obliged to ensure that every person has the opportunity to become acquainted with documents, decisions, and sources of information affecting his or her rights and interests.
Article 22
1. Everyone shall have the right to determine, indicate, or not indicate his or her national affiliation.
2. Everyone shall have the right to use his or her 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 shall be protected by the law.
3. The right to freely receive and disseminate information, except for state secrets, shall be exercised by any means not prohibited by the law. The list of information constituting state secrets of the Republic of Kazakhstan shall be determined by the law.
4. Freedom of speech and freedom of dissemination of information shall not infringe upon the honour and dignity of other persons, the health of citizens, and the morality of society, nor shall they violate public order.
5. Censorship shall be prohibited.
6. Propaganda or agitation aimed at the forcible alteration of the constitutional order, violation of the territorial integrity, sovereignty, and independence of the Republic of Kazakhstan, disruption of public order, undermining of national security, incitement to war or armed conflicts, as well as advocacy of social, racial, national, ethnic, or religious superiority or discord, the cult of cruelty and violence, and calls to commit such acts shall not be permitted.
Article 24
1. Everyone lawfully present within the territory of the Republic of Kazakhstan shall have the right to freedom of movement within its territory and to freely choose a place of residence, except as provided by the law.
2. Everyone shall have the right to leave the Republic of Kazakhstan. Restrictions on this right shall be permitted only in cases and in accordance with procedures established by the law. Citizens of the Republic of Kazakhstan shall have the right to return freely 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 limit universal human and civil rights or obligations to the State.
Article 26
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of association. The activities of public associations shall be regulated by the 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 personnel of law-enforcement and special state bodies, as well as military personnel, shall not have the right to be members of political parties or trade unions, nor to publicly support or oppose any political party or socio-political movement.
Article 27
1. Everyone shall have the right to work, to the free choice of occupation and profession. Forced labour shall be permitted only on the basis of a court judgment recognizing a person guilty of committing 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 the requirements of safety and hygiene, to remuneration for labour without any discrimination, and to social protection in accordance with the law.
3. The right to individual and collective labour disputes, using methods for their resolution established by the law, shall be recognized.
4. The right to rest and leisure, including the regulation of working hours, days of rest and public holidays, and paid annual leave, shall be guaranteed by the law.
Article 28
1. The dwelling shall be inviolable. No person shall be deprived of a dwelling, nor evicted therefrom, except pursuant to a decision of a court. Entry into a dwelling, as well as its inspection or search, shall be permitted only in cases and in the manner prescribed by the law.
2. The Republic of Kazakhstan shall create conditions to ensure the provision of housing to its citizens. Housing shall be granted, in accordance with the norms established by law, to those categories of citizens recognized as being in need thereof.
Article 29
1. Citizens of the Republic of Kazakhstan shall have the right to private ownership of any property lawfully acquired.
2. The right to property and the right of inheritance shall be guaranteed by the law.
3. No person shall be deprived of property except pursuant to a decision of a court. Compulsory alienation of property for state needs shall be permitted only in exceptional cases provided by the law and subject to prior and 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 purpose. Monopolistic activity shall be regulated or restricted by the 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 obligated to care for their disabled parents.
Article 31
1. Citizens of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, as well as social security in old age, in the event of illness, disability, loss of a breadwinner, and in other cases provided by the law.
2. Voluntary social insurance, the establishment of other forms of social security, as well as volunteer activities and charitable endeavors, 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 care, as established by the law, without charge to them.
3. The provision of paid medical services in state and private medical institutions, as well as by persons engaged in private medical practice, shall be carried out on the grounds and in the manner prescribed by the law.
Article 33
1. Citizens of the Republic of Kazakhstan shall be guaranteed access to secondary education in state educational institutions without charge to them. Primary and basic secondary education shall be compulsory.
2. A citizen of the Republic of Kazakhstan shall have the right to receive higher education at higher educational institutions in accordance with the law.
3. The provision of paid education in private educational institutions shall be carried out on the grounds and in the manner prescribed by the law.
4. The State shall establish mandatory national standards of education. The activities of all the educational institutions shall conform to such standards.
5. The system of education and upbringing in educational institutions within the territory of the Republic of Kazakhstan shall be secular in nature, with the exception of 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 the law for the purposes of protecting the foundations of the constitutional order, the rights and freedoms of individuals and citizens, ensuring national security, maintaining public order, safeguarding public health, and upholding public morality.
Article 35
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the administration of state affairs, both directly and through their representatives, to apply personally, and to submit individual and collective petitions to state bodies and bodies of local self-government.
2. Citizens of the Republic of Kazakhstan shall have the right to elect and to be elected to state bodies and bodies of local self-government, as well as to participate in nationwide referenda. The procedure for conducting a nationwide referendum shall be determined by constitutional law.
3. Citizens of the Republic of Kazakhstan who have been declared legally incapacitated by a court, as well as those held in places of deprivation of liberty pursuant to a court sentence, shall not have the right to vote or to participate in nationwide referenda.
Citizens of the Republic of Kazakhstan who have been declared legally incapacitated by a court, citizens whose criminal convictions have neither been expunged nor annulled in accordance with the procedure established by the law, as well as citizens whose guilt in committing a corruption-related crime or corruption offense has been established by a court in accordance with the procedure prescribed by the 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 candidates for positions in the civil service shall be determined solely by the nature of the duties of the position, in accordance with the law.
Article 36
1. Every person shall be obliged to observe the Constitution and the laws of the Republic of Kazakhstan and to respect the rights, freedoms, honour, and dignity of others.
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 pursue the protection of an environment favorable to human life and health as an objective.
3. The concealment by officials of facts and circumstances posing a threat to human life and health or to the environment shall entail liability in accordance with the law.
Article 38
The payment of lawfully established taxes, fees, and other mandatory charges 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 each of its citizens.
2. Citizens of the Republic of Kazakhstan shall perform military service in the manner and forms prescribed by the law.
Article 40
Citizens of the Republic of Kazakhstan shall be obliged to safeguard the historical and cultural heritage and to treat monuments of history and culture with care.
Article 41
1. The rights and freedoms of individuals and citizens may be restricted only by the law and only to the extent necessary for the protection of the fundamentals of the constitutional order, the rights and freedoms of individuals and citizens, provision of the national security, public order, public health, and public morality.
2. Acts capable of undermining interethnic and interfaith harmony shall be recognized as unconstitutional.
3. The restriction of the rights and freedoms of citizens on political grounds shall not be permitted. Under no circumstances 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, determining the principal directions of the domestic and foreign policy of the State and representing Kazakhstan both 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 of state power, the inviolability of the Constitution, and the rights and freedoms of individuals and citizens of the Republic of Kazakhstan.
3. The President of the Republic of Kazakhstan shall ensure the coordinated and effective functioning of all the branches of state power and the accountability of state bodies to the unified 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 citizen of the Republic of Kazakhstan by birth, not younger than forty years of age, fluent in the state language, having resided in Kazakhstan for the last fifteen years, possessing higher education, and having not less than five years of experience in public service or in elected public office, may be elected President of the Republic of Kazakhstan.
3. Regular elections of the President of the Republic of Kazakhstan shall be held no later than two months prior to the expiration of the President’s term of office and shall not coincide with elections of a new composition of the Kurultai of the Republic of Kazakhstan.
4. A candidate who receives more than fifty percent of the votes of the voters participating in the election shall be deemed elected. If no candidate receives more than fifty percent of the votes, a second round of voting shall be held, in which the two candidates who have received the highest number of votes shall participate. The candidate receiving the greater number of votes of the voters participating in the second round shall be deemed elected.
5. The provisions of paragraph 1 of this Article shall be immutable.
Article 44
1. The President of the Republic of Kazakhstan shall assume office from the moment of taking the following oath before the people: “I solemnly swear to faithfully serve the people of Kazakhstan, to strictly adhere to the Constitution and laws of the Republic of Kazakhstan, to guarantee the rights and freedoms of the citizens of the Republic of Kazakhstan, and to conscientiously discharge the high duties entrusted to me as President of the Republic of Kazakhstan”.
2. The oath shall be administered within one month from the date of the official publication of the election results, in the presence of deputies of the Kurultai, judges of the Constitutional Court and the Supreme Court, former Presidents of the Republic of Kazakhstan, as well as representatives of the public and invited foreign nationals. In the cases provided for in Article 51 of the Constitution, the person assuming the powers of the President of the Republic of Kazakhstan shall take the oath within seven days from the date of early termination of the President’s powers due to voluntary resignation, permanent incapacity to perform duties on grounds of health, removal from office, or death.
3. The powers of the President of the Republic of Kazakhstan shall terminate upon the assumption of office by a newly elected President of the Republic of Kazakhstan, as well as in the event of early termination of powers due to voluntary resignation, permanent incapacity to perform duties on grounds of health, removal from office, or death. All former Presidents of the Republic of Kazakhstan, except those removed from office, shall bear the title of Ex-President of the Republic of Kazakhstan.
Article 45
1. During the exercise of his or her powers, the President of the Republic of Kazakhstan shall not be eligible to be elected as a deputy of a representative body, to hold other remunerated 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 civil servants or as heads of entities within the quasi-public sector.
Article 46
The President of the Republic of Kazakhstan shall:
1) address messages to the people of Kazakhstan on the state of the country and on the principal directions of the domestic and foreign policy of the Republic of Kazakhstan;
2) with the consent of the Kurultai, expressed by a majority of the total number of its deputies, appoint the Vice President of the Republic of Kazakhstan; dismiss the Vice President; and determine his or her powers.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the Vice President, except in 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 extraordinary sessions of the Kurultai; sign laws submitted by the Kurultai within one month, promulgate such laws, or return a law or its individual provisions for reconsideration and a new vote;
4) after consultations with the factions of political parties represented in the Kurultai, submit to the Kurultai a candidate for Prime Minister of the Republic of Kazakhstan for consent; with the consent of the Kurultai, expressed by a majority of the total number of its deputies, appoint the Prime Minister; dismiss the Prime Minister; determine the structure of the Government upon the proposal of the Prime Minister; appoint members of the Government upon the proposal of the Prime Minister, submitted after consultations with the Kurultai; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government; administer the oath of members of the Government; and preside over meetings of the Government on matters of special importance.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the Prime Minister, except in cases provided for in paragraph 3 of Article 62 of the Constitution;
5) appoint to and dismiss from office the Chairperson of the Constitutional Court, 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 Central Election Commission, the Chairperson of the Supreme Audit Chamber, the Chairperson of the Supreme Judicial Council, the Head of the State Protection Service of the Republic of Kazakhstan, and the Commissioner for Human Rights in the Republic of Kazakhstan;
6) establish, abolish, and re-organize state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, and appoint and dismiss their heads;
7) appoint and recall the heads of diplomatic missions of the Republic of Kazakhstan;
8) with the consent of the Kurultai, expressed by a majority 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; and dismiss them from office.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber, except in cases provided for in paragraph 3 of Article 62 of the Constitution;
9) serve as the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, and appoint and dismiss the senior command of the Armed Forces;
10) decide on the conduct of a nationwide referendum;
11) in the interest of protecting the rights and freedoms of individuals and citizens of the Republic of Kazakhstan, ensuring national security, sovereignty, and the territorial integrity of the State, submit petitions to the Constitutional Court for the review of laws or other normative legal acts that have entered into force for their conformity with the Constitution, and seek opinions in cases 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 letters of credence and recall from heads of diplomatic missions of foreign states accredited to the Republic of Kazakhstan, as well as from heads of international organizations;
13) establish state awards and honorary titles;
14) confer state awards, honorary titles, the highest military and other ranks, class ranks, diplomatic ranks, and qualification classes;
15) resolve matters of citizenship of the Republic of Kazakhstan and the granting of political asylum;
16) exercise the power of pardon;
17) in the event that the Independence and territorial integrity of the Republic of Kazakhstan, its internal political stability, or the security of its citizens are under immediate threat, resulting in a disruption of the functioning of constitutional state bodies, the President of the Republic of Kazakhstan, after official consultations with the Prime Minister and the Chairperson of the Kurultai, shall take measures dictated by such circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in certain localities thereof, and the deployment of the Armed Forces of the Republic of Kazakhstan;
18) in the event of aggression against the Republic of Kazakhstan or an immediate external threat to its security, the President shall introduce martial law throughout the territory of the Republic of Kazakhstan or in certain localities thereof, declare partial or general mobilization, and shall immediately inform the Kurultai of the Republic of Kazakhstan thereof;
19) form a State Protection Service subordinate to him or her;
20) form the Administration of the President of the Republic of Kazakhstan;
21) establish the Security Council, other advisory and consultative bodies, as well as the Supreme Judicial Council;
22) exercise other powers in accordance with the Constitution and the laws of the Republic of Kazakhstan.
Article 47
1. The President of the Republic of Kazakhstan, on the basis of and in execution of the Constitution and laws, shall issue decrees and orders having binding force throughout the territory of the Republic of Kazakhstan.
2. During periods of 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 countersigned by the Chairperson of the Kurultai and the Prime Minister, who shall bear responsibility for their conformity with the Constitution and laws.
Acts of the President of the Republic of Kazakhstan issued upon the initiative of the Government shall be countersigned in advance by the Prime Minister, who shall bear responsibility for their conformity with the Constitution and laws.
Article 48
1. The President of the Republic of Kazakhstan, as well as his or her honour and dignity, shall be inviolable.
The President of the Republic of Kazakhstan shall not bear criminal or administrative liability for actions performed in the exercise of presidential powers, except in cases of high treason.
2. The provision, maintenance, and protection of the President of the Republic of Kazakhstan and his or her family shall be ensured at the expense of the State.
3. The provisions of this Article shall extend to ex-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 of the total number of its deputies.
2. During the tenure of office, the Vice President shall not be eligible to be elected as a deputy of a representative body, to hold other remunerated positions, to engage in entrepreneurial activity, or to be a member of a political party.
3. The Vice President, upon instruction of the President of the Republic of Kazakhstan, shall represent the President in relations with the Kurultai, the Government, and other state bodies, and shall exercise such other powers as may be determined by the President.
Article 50
1. The President of the Republic of Kazakhstan may voluntarily resign from office by submitting a statement to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court shall certify that the President has personally and voluntarily submitted such statement of resignation. From the moment the Constitutional Court issues its conclusion, the President shall be deemed to have vacated office by reason of voluntary resignation.
2. The President of the Republic of Kazakhstan may be removed from office prior to the expiration of the term in the event of a persistent inability to perform the duties of office due to health reasons. In such a case, the Kurultai shall establish a commission composed of deputies and specialists in the relevant fields of medicine. A decision on early removal from office shall be adopted at a session of the Kurultai by a majority of not less than three-fourths of the total number of its deputies, on the basis of the commission’s conclusion and the conclusion of the Constitutional Court confirming 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 by the Kurultai on that ground. The initiation of charges of high treason against the President and the conduct of an investigation thereof shall require the support of not less than one-third of the total number of deputies of the Kurultai. A decision on this matter shall be adopted by a majority of the total number of deputies of the Kurultai. The investigation of the charges shall be organized by the Kurultai, and its results, adopted by a majority of the total number of its deputies, shall be submitted for consideration at a session of the Kurultai. A final decision on the matter shall be taken at a session of the Kurultai by a majority of not less than three-fourths of the total number of its deputies, provided there is a conclusion of the Supreme Court affirming the validity of the charges and a conclusion of the Constitutional Court confirming compliance with the established constitutional procedures. Failure to adopt a final decision within two months from the date the charges are brought shall result in the charges against the President of the Republic of Kazakhstan being deemed rejected. The rejection, at any stage, of charges of high treason against the President shall entail the early termination of the powers of those deputies of the Kurultai who initiated the consideration of the matter.
4. The question of the removal of the President of the Republic of Kazakhstan from office may not be raised during the period in which the President is considering the issue of early termination of the powers of the Kurultai.
Article 51
1. In the event of the early termination of the powers of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to perform duties on grounds of health, removal from office, or death, the powers of the President of the Republic of Kazakhstan shall pass to the Vice President. Should the Vice President be unable, due to health or other personal reasons, to assume the powers of the President, such powers shall pass to the Chairperson of the Kurultai; should the Chairperson of the Kurultai be unable to assume such powers, they shall pass to the Prime Minister.
A person who decides to decline the assumption of the powers of the President of the Republic of Kazakhstan shall submit a statement of refusal to the Constitutional Court. The Constitutional Court shall certify that such statement has been submitted personally and voluntarily and shall issue its conclusion.
A person who has assumed the powers of the President of the Republic of Kazakhstan shall relinquish the powers of Vice President, Chairperson of the Kurultai, or Prime Minister, respectively. In such event, the filling of the vacant public offices shall be carried out in accordance with the procedure established by the Constitution.
2. Within seven days from the date of the early termination of the powers of the President of the Republic of Kazakhstan due to voluntary resignation, persistent inability to perform the duties of office on grounds of health, removal from office, or death, the Kurultai shall call an election of the President of the Republic of Kazakhstan. Such election shall be held within two months from the date of the Kurultai’s adoption of the corresponding decision.
3. A person who has assumed the powers of the President of the Republic of Kazakhstan pursuant to paragraph 1 of this Article shall not have the right to initiate amendments or additions to the Constitution, nor to dissolve the Kurultai.
Section IV. The Kurultai
Article 52
1. The Kurultai of the Republic of Kazakhstan shall be the highest representative body of the Republic of Kazakhstan, exercising legislative power.
2. The powers of the Kurultai shall commence from the opening of its first session and shall terminate upon the commencement of the first session of the Kurultai of a new convocation.
3. The powers of the Kurultai may be terminated prior to the expiration of its term in the cases and in the manner provided for by the Constitution.
4. The organization and activity of the Kurultai, as well as 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 national electoral district.
2. The term of office of the deputies of the Kurultai shall be five years.
Article 54
1. Deputies of the Kurultai shall be elected 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 prior to the expiration of the term 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 the 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, is a citizen of the Republic of Kazakhstan, and has permanently resided in its territory for the last ten years.
4. Elections of deputies of the Kurultai shall be governed by constitutional law.
5. Deputies of the Kurultai shall take an oath to 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 exercised personally by each deputy. The absence of a deputy, without valid reason, from more than three sittings of the Kurultai or its bodies, as well as the delegation of the right to vote, shall entail the imposition of sanctions as prescribed by the law.
2. A deputy of the Kurultai shall not be entitled to serve as a deputy of another representative body, to hold other remunerated positions, except for teaching, scientific, or 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 the termination of the deputy’s mandate.
3. During the term of office, a deputy of the Kurultai shall not be detained, except in cases of apprehension at the scene of a crime or the commission of grave or especially grave offenses, held in custody, subjected to compulsory appearance, administrative penalties imposed by a court, or criminal prosecution without the consent of the Kurultai.
4. The powers of a deputy of the Kurultai shall be terminated in the event of resignation, death, a final court decision declaring the deputy 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 his or her mandate in the event of:
1) departure for permanent residence outside Kazakhstan;
2) the entry into legal force of a guilty verdict of a court against him or her;
3) termination of citizenship of the Republic of Kazakhstan;
4) withdrawal from or expulsion from the political party from which he or she was elected;
5) termination of the activity of the political party from which he or she was elected.
The powers of the deputies of the Kurultai shall be terminated in the event of the dissolution of the Kurultai.
5. The preparation of matters relating to the imposition of sanctions upon deputies, compliance with the requirements of paragraph 2 of this Article, the rules of parliamentary ethics, as well as the termination of the powers of deputies, the deprivation of their mandates, and the lifting of parliamentary immunity, shall be entrusted to the Central Election Commission of the Republic of Kazakhstan.
Article 56
The Kurultai shall:
1) adopt constitutional laws and laws;
2) reconsider and vote anew, within one month from the date of submission, on laws or provisions thereof to which the President of the Republic of Kazakhstan has objected. Failure to comply with this deadline means acceptance of the President's objections. If the Kurultai, by a majority of three-fourths of the total number of its deputies in respect of constitutional laws or provisions thereof, and by a majority of two-thirds of the total number of its deputies in respect of laws or provisions thereof, overrides the President’s objections, the President shall sign the constitutional law or law within one month. If the President’s objections are not overridden, the constitutional law or law shall be deemed not adopted or adopted in the wording proposed by the President;
3) decide questions of war and peace;
4) upon the proposal of the President of the Republic of Kazakhstan, adopt decisions on the use of the Armed Forces of the Republic of Kazakhstan for the fulfillment of international obligations to maintain peace and security;
5) call elections of the President of the Republic of Kazakhstan;
6) initiate the calling of a nationwide referendum;
7) by a majority of the total number of its deputies, grant consent to the President of the Republic of Kazakhstan for the appointment of the Vice President of the Republic of Kazakhstan;
8) by a majority of the total number of its deputies, grant consent to the President of the Republic of Kazakhstan for the appointment of the Prime Minister of the Republic of Kazakhstan;
9) by a majority of the total number of its deputies, grant consent to appointments 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) lift the immunity of judges of the Constitutional Court and judges of the Supreme Court;
12) terminate the powers of a deputy of the Kurultai and, upon the submission of the Prosecutor General of the Republic of Kazakhstan, decide matters concerning the lifting of a deputy’s immunity;
13) upon the initiative of not less than one-fifth of the total number of its deputies, express a vote of no confidence in the Government by a majority of the total number of its deputies;
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 Chairperson of the Supreme Audit Chamber;
16) consider and approve the reports of the Government and of the Supreme Audit Chamber on the execution of the republican budget. The failure of the Kurultai to approve the Government’s report on the execution of the republican budget shall constitute a vote of no confidence in the Government;
17) upon the initiative of not less than one-third of the total number of its deputies, hear reports of members of the Government of the Republic of Kazakhstan on matters within their competence. Following such hearing, the Kurultai, by a majority of not less than two-thirds of the total number of its deputies, may adopt a decision to petition the President of the Republic of Kazakhstan to dismiss a member of the Government for failure to execute the laws of the Republic of Kazakhstan. In such case, the President 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 committees of the Kurultai, elect and dismiss their chairpersons, and hear reports on their activities;
22) exercise other powers vested in the Kurultai by the Constitution.
Article 57
1. The Kurultai shall be presided over by a Chairperson elected from among its deputies who is 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 office 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 its repeated refusal to elect the Chairperson of the Kurultai.
2. The Chairperson of the Kurultai may be recalled from office or may resign, if a majority of the total number of deputies of the Kurultai votes in favor thereof.
3. The Chairperson of the Kurultai shall:
1) convene sessions of the Kurultai and preside over them;
2) exercise general supervision over the preparation of matters submitted for consideration by the Kurultai;
3) submit to the Kurultai candidates for election to the offices 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 acts issued 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. Within the scope of his or her competence, the Chairperson of the Kurultai shall issue orders.
Article 58
1. The sessions of the Kurultai shall be held in the form of sittings.
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 the official publication of the election results.
3. Regular sessions of the Kurultai shall be held annually, commencing on the first working day of September and concluding on the last working day of June.
4. A session shall be opened and closed at a sitting of the Kurultai. As a rule, sessions of the Kurultai shall be opened by the President of the Republic of Kazakhstan. In the interval between sessions, the President of the Republic of Kazakhstan, on his or her own initiative, upon the proposal of the Chairperson of the Kurultai, or upon the request of not less than one-third of the total number of deputies of the Kurultai, may convene an extraordinary session of the Kurultai. Only matters that served as the basis for its convocation shall be considered at such session.
5. Sittings of the Kurultai shall be held provided that not less than two-thirds of the total number of deputies of the Kurultai are present.
6. Sittings of the Kurultai shall be open. In cases provided for by the rules of procedure, closed sittings 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 sitting and to be heard.
Article 59
1. The Kurultai shall establish standing committees, the number of which shall be determined by constitutional law, as well as commissions.
2. Committees and commissions shall, within the scope of their competence, issue resolutions.
Article 60
1. The right of legislative initiative shall belong to the President of the Republic of Kazakhstan, the deputies of the Kurultai, the Government, and the Kazakhstan People’s Council, and shall be exercised exclusively within the Kurultai.
2. The President of the Republic of Kazakhstan shall have the right to determine the priority consideration of draft laws, which shall require that the respective draft laws be adopted as a matter of priority within a period of two months.
3. The Kurultai shall have the authority to enact laws regulating the most significant social relations and establishing the fundamental principles and norms concerning:
1) the legal capacity of natural and legal persons, civil rights and freedoms, and the obligations and liability of natural and legal persons;
2) the regime of property and other real rights;
3) the foundations of the organization and functioning of state bodies and bodies of local self-government, 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 borrowing, and the provision by the Republic of Kazakhstan of economic and other forms of assistance;
6) the organization of the judiciary and judicial proceedings;
7) matters of amnesty;
8) education, science, culture, healthcare, and social security;
9) privatization of enterprises and their property;
10) environmental protection;
11) administrative-territorial structure of the Republic of Kazakhstan;
12) provision of 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 matters in accordance with the Constitution
4. Draft laws submitted by the Government of the Republic of Kazakhstan under the right of legislative initiative for the purpose of promptly responding to conditions posing a threat to the life and health of the population, the constitutional order, public order, or the economic security of the State, shall be subject to immediate consideration by the Kurultai.
In the event that such draft laws provided for in part one of this paragraph are submitted to the Kurultai, the Government shall have the right, under its responsibility, to adopt temporary normative legal acts having the force of law on matters specified in paragraph 3 of this Article, which shall remain in effect until the entry into force of laws adopted by the Kurultai or until such draft laws are rejected by the Kurultai.
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 draft law in its entirety by a majority of the total number of its deputies. A rejected draft law shall be deemed not adopted and shall be returned to its initiator.
6. Draft laws providing for a reduction of state revenues or an increase in state expenditures may be introduced only upon the basis of a positive conclusion of the Government. Such a conclusion shall not be required for draft laws introduced into the Kurultai under the legislative initiative of the President of the Republic of Kazakhstan.
7. In connection with the non-adoption of a draft law submitted by the Government, the Prime Minister shall have the right to raise, at a sitting of the Kurultai, the question of confidence in the Government. Voting on this matter shall take place not earlier than forty-eight hours from the time the question of confidence is raised. If the proposal for a vote of no confidence does not receive a majority of the total number of deputies of the Kurultai, the draft law shall be deemed adopted without a vote. However, the Government may not exercise this right more than twice within a calendar year.
Article 61
1. The Kurultai shall adopt laws and resolutions having binding force throughout the territory of the Republic of Kazakhstan.
2. Laws shall enter into force upon their signing by the President of the Republic of Kazakhstan.
3. Constitutional laws shall be adopted on matters provided for by the Constitution of the Republic of Kazakhstan by a majority of not less than two-thirds 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 its deputies, unless otherwise provided by the Constitution.
Resolutions of the Kurultai shall be adopted by a majority of the total number of its deputies, unless otherwise provided by the Constitution.
5. Laws and resolutions of the Kurultai shall not contravene the Constitution. Resolutions of the Kurultai shall not contravene laws.
6. The procedure for the drafting, submission, consideration, enactment, and publication of legislative and other normative legal acts of the Republic of Kazakhstan shall be governed by law and by 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 its repeated refusal to grant consent to the appointment of a candidate proposed by the President for a position requiring such consent, as well as in the event of repeated refusal to elect the Chairperson of the Kurultai.
3. The Kurultai shall 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 following a previous dissolution, or in the case provided for in paragraph 3 of Article 51 of the Constitution.
Section V. The Government
Article 63
1. The Government of the Republic of Kazakhstan shall exercise the executive power of 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 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 the manner 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 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 shall:
1) develop the principal directions of the socio-economic policy of the State, its defense capability, security, and the maintenance of public order, and organize their implementation;
2) submit the republican budget to the Kurultai and report on its execution, and ensure the execution of the budget;
3) introduce draft laws into the Kurultai and ensure the implementation of laws;
4) organize the management of state property;
5) formulate measures for the conduct of the foreign policy of the Republic of Kazakhstan;
6) direct the activities of ministries and other central and local executive bodies;
7) repeal or suspend, in whole or in part, acts of ministries and other central and local executive bodies of the Republic of Kazakhstan;
8) with the consent of the President of the Republic of Kazakhstan, approve a unified system of financing and remuneration for employees of all the bodies funded from the state budget;
9) 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 shall:
1) organize and direct the activities of the Government and bear personal responsibility for its work;
2) sign resolutions of the Government;
3) report to the President and to the Kurultai on the principal directions of the Government’s activities and on its most significant decisions;
4) perform other functions related to the organization and direction of the activities of the Government.
Article 67
1. Members of the Government shall be independent in decision-making within the limits of their competence and shall bear personal responsibility before the Prime Minister for the activities 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 be entitled to serve as deputies of a representative body, to hold other remunerated positions, except for teaching, scientific, or creative activities, to engage in entrepreneurial activity, or to be members of a governing body or supervisory board of a commercial organization, except where such participation constitutes part of their official duties in accordance with the legislation of the Republic of Kazakhstan.
Article 68
1. The Government shall, within the scope of its competence, issue resolutions having binding force throughout the territory of the Republic of Kazakhstan.
2. The Prime Minister shall issue orders having binding force throughout the territory of the Republic of Kazakhstan.
3. Resolutions of the Government and orders of the Prime Minister shall not contravene the Constitution, laws, or acts of the President of the Republic of Kazakhstan.
Article 69
1. The Government shall resign its powers before a newly elected Kurultai.
2. The Government, as well as any of its members, shall have the right to declare to the President of the Republic of Kazakhstan his or her resignation if he or she considers the further performance of his or her functions impossible.
3. The Government shall tender its resignation to the President of the Republic of Kazakhstan in the event that the Kurultai expresses a vote of no confidence in the Government.
4. The President of the Republic of Kazakhstan shall, within ten days, consider the question of accepting or rejecting the resignation.
5. Acceptance of the resignation shall entail the termination of the powers of the Government or of the respective member thereof. Acceptance of the resignation of the Prime Minister shall entail the termination of the powers of the entire Government.
6. In the event of the rejection of the resignation of the Government or of a member thereof, the President of the Republic of Kazakhstan shall direct him or her to continue the performance of duties.
7. The President of the Republic of Kazakhstan shall have the right, on his or her own initiative, to decide on the termination of the powers of the Government and to dismiss any of its members. The dismissal of the Prime Minister shall entail the termination of the powers of the entire Government.
Section VI. The Kazakhstan People’s Council
Article 70
1. The Kazakhstan People’s Council shall be the supreme advisory body representing the interests of the people of the Republic of Kazakhstan.
2. The composition of the Kazakhstan People’s Council shall be formed from among citizens of the Republic of Kazakhstan.
3. The procedure for its establishment, the formation of its composition, its powers, and the organization of its activities shall be determined by constitutional law.
Article 71
The Kazakhstan People’s Council shall:
1) develop proposals and recommendations on the principal directions of the domestic policy of the State, the strengthening of social harmony, national unity and solidarity, and the promotion of the fundamental principles of the activity of the Republic of Kazakhstan and nationwide values;
2) submit draft laws to the Kurultai;
3) initiate the calling of a nationwide referendum;
4) 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 territory of the State.
2. The Constitutional Court shall consist of a Chairperson and ten justices. The term of their office shall be eight years.
No person may be appointed, in accordance with the Constitution, as a justice of the Constitutional Court more than once.
3. The Chairperson of the Constitutional Court shall be appointed by the President of the Republic of Kazakhstan and shall simultaneously serve as a justice of the Constitutional Court for the duration of the term of office.
No person may be appointed, in accordance with the Constitution, as Chairperson of the Constitutional Court more than once.
4. Justices 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 of the total number of its deputies.
The Deputy Chairperson of the Constitutional Court shall be appointed by the President of the Republic of Kazakhstan upon the nomination of the Chairperson of the Constitutional Court from among its justices.
5. The office of a justice of the Constitutional Court shall be incompatible with a deputy’s mandate, the holding of other remunerated positions, except for teaching, scientific, or creative activities, the conduct of entrepreneurial activity, or membership in a governing body or supervisory board of a commercial organization.
6. The Chairperson and justices of the Constitutional Court, during their term of office, shall not be detained, except in cases of apprehension at the scene of a crime or the commission of grave or especially grave offenses, held in custody, subjected to compulsory appearance, administrative penalties imposed by a court, or criminal prosecution without the consent of the President of the Republic of Kazakhstan or of the Kurultai, respectively.
7. The organization and activity of the Constitutional Court shall be governed by constitutional law.
Article 73
1. The Constitutional Court, upon application of 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, shall:
1) resolve disputes concerning the correctness of the conduct of elections of the President, deputies of the Kurultai, and nationwide referenda;
2) review, prior to their signing by the President, laws adopted by the Kurultai for their conformity with the Constitution;
3) review resolutions adopted by the Kurultai for their conformity with the Constitution;
4) review international treaties, prior to ratification, for their conformity with the Constitution;
5) review the implementation of decisions of international organizations and their bodies for their conformity with the Constitution;
6) provide official interpretation of the provisions of the Constitution;
7) issue conclusions in the cases provided for in paragraphs 2 and 3 of Article 50 of the Constitution.
2. The Constitutional Court shall consider applications of the President in the cases provided for in subparagraph 11) of Article 46 of the Constitution, as well as applications of courts in the cases provided for in Article 79 of the Constitution.
3. The Constitutional Court, upon application 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 their conformity with the Constitution.
The procedure and conditions for such applications shall be determined by constitutional law.
4. The Constitutional Court, upon application of the Prosecutor General, shall consider the matters 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 their conformity with the Constitution.
5. The Constitutional Court, upon application of the Commissioner for Human Rights, shall review normative legal acts of the Republic of Kazakhstan affecting the rights and freedoms of individuals and citizens guaranteed by the Constitution for their conformity with the Constitution.
6. The Constitutional Court shall issue conclusions in the cases provided for in paragraph 1 of Article 50 and paragraph 1 of Article 51 of the Constitution.
Article 74
1. In the event of an application to the Constitutional Court on matters specified in subparagraph 1) of paragraph 1 of Article 73 of the Constitution, the assumption of office by the President of the Republic of Kazakhstan, the registration of elected deputies of the Kurultai, and the conduct of the national referendum shall be suspended accordingly.
2. In the event of an application to the Constitutional Court on matters specified in subparagraphs 2) and 4) of paragraph 1 of Article 73 of the Constitution, the running of the time limits for the signing or ratification of the relevant acts shall be suspended.
3. The Constitutional Court shall render its decision within the time limits established by the 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, their individual provisions recognized as not complying with the Constitution, including those infringing upon the rights and freedoms of the individual and citizen enshrined in the Constitution, shall cease to have effect and shall not be subject to application from the date of adoption of the decision by the Constitutional Court or from the date established thereby.
Laws and other normative legal acts, their individual provisions recognized as complying with the Constitution in the interpretation of the Constitutional Court, shall be subject to application in accordance with such interpretation.
3. Decisions of international organizations and their bodies, as well as individual provisions of such decisions, the implementation 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 from the date 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. The Justice. Prosecutor's Office. Human Rights Protection Mechanisms
Article 76
1. Justice in the Republic of Kazakhstan shall be administered exclusively by the courts.
2. Judicial power shall be exercised through civil, administrative, criminal, and other forms of judicial proceedings established by the law. In cases provided for 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 the law.
4. The judicial system of the Republic of Kazakhstan shall be established by the Constitution and the constitutional law. The establishment of special and 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 legitimate interests of individuals, citizens, and organizations, as well as ensuring the execution of the Constitution, laws, other normative legal acts, and international treaties of the Republic of Kazakhstan.
2. Judicial power shall extend to all the cases and disputes arising in connection with the application of the Constitution, laws, other normative legal acts, and international treaties of the Republic of Kazakhstan.
3. Judgments, sentences, and other rulings of courts shall be binding 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 administration of justice by a court shall be inadmissible and shall entail liability under the law. Courts 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 their jurisdiction changed without their consent, as provided by the law;
2) in court, everyone shall have the right to be heard;
3) an accused person shall not be obliged to prove his or her innocence;
4) any doubts regarding the guilt of a person shall be interpreted in favor of the accused;
5) evidence obtained by unlawful means shall have no legal force. No one may be convicted solely on the basis of his or her own confession;
6) the 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 the courts and judges of the Republic of Kazakhstan.
Article 79
Courts shall not have the right to apply laws and other normative legal acts that infringe upon the rights and freedoms of individuals and citizens as 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 as enshrined in the Constitution, it shall suspend proceedings in the case and apply to the Constitutional Court with a submission to declare such act 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 the law.
2. A judge may not be detained, except in cases of detention at the scene of a crime or in cases of commission of grave or especially grave crimes, nor subjected to custody, compulsory appearance, administrative penalties 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 Supreme Judicial Council, or without the consent of the Kurultai, respectively.
3. The requirements imposed on judges of the courts of the Republic of Kazakhstan shall be determined by the constitutional law.
4. The position of judge shall be incompatible with a deputy mandate, the holding of any other paid position, except for teaching, scientific, or creative activity, the engagement in entrepreneurial activity, or membership in a governing body or supervisory board of a commercial organization.
Article 81
The financing of courts and the provision of housing to judges shall be carried out at the expense of the republican budget and shall ensure the possibility of the full and independent administration of justice.
Article 82
The Supreme Court shall be the highest judicial body for civil, administrative, criminal, and other cases within the jurisdiction of local and other courts and, in cases provided by the law, shall consider cases within its jurisdiction and provide explanations on matters 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 Supreme Judicial Council and shall simultaneously serve as a judge of the Supreme Court for the duration of his or her 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 as Chairperson of the Supreme Court more than once in accordance with the Constitution.
Judges of the Supreme Court shall be elected by the Kurultai upon the submission of the President of the Republic of Kazakhstan based on the recommendation of the Supreme 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 Supreme Judicial Council.
3. In courts, judicial panels may be established in accordance with the constitutional law.
4. The Chairperson of the Supreme Judicial Council shall be appointed by the President of the Republic of Kazakhstan.
5. The status, the procedure for the formation of composition and organization of work of the Supreme Judicial Council are determined by the law.
Article 84
1. The Prosecutor’s Office, on behalf of the State, within the limits and forms established by the law, shall exercise the highest supervision over the observance of legality within the territory of the Republic of Kazakhstan, represent the interests of the State in court, and, on behalf of the State, conduct criminal prosecution.
2. The Prosecutor’s Office of the Republic of Kazakhstan shall constitute a unified centralized system with the 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 as Prosecutor General more than once in accordance with the Constitution.
4. During the term of office, the Prosecutor General may not be detained, except in cases of detention at the scene of a crime or in cases involving the commission of grave or especially grave crimes, nor subjected to custody, compulsory appearance, or administrative penalties 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 the activities of the Prosecutor’s Office shall be determined by the 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 human and civil rights and freedoms.
2. The Commissioner for Human Rights shall be appointed by the President of the Republic of Kazakhstan.
3. In the exercise of his or her powers, the Commissioner for Human Rights shall be independent and not accountable to state bodies or officials.
4. During the term of office, the Commissioner for Human Rights may not be detained, except in cases of detention at the scene of a crime or in cases involving the commission of grave or especially grave crimes, nor subjected to custody, compulsory appearance, or administrative penalties 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 activities of the Commissioner for Human Rights shall be determined by the constitutional law.
Article 86
1. The Bar in the Republic of Kazakhstan shall facilitate the exercise of the rights of individuals to judicial protection guaranteed by the State and to the receipt of 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 liability of advocates, shall be determined by the law.
Section IX. Local Public Administration and Self-Government
Article 87
Local public administration shall be carried out 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, shall determine the measures necessary for its implementation and shall 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 attained the age of twenty years may be elected 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 issues of local administrative-territorial structure within their competence;
3) consideration of reports of heads of local executive bodies on matters attributed by law to the competence of the maslikhat;
4) formation of standing commissions and other working bodies of the maslikhat, hearing reports on their activities, and resolution of other issues related to the organization of the work of the maslikhat;
5) the exercise, in accordance with the law, of other powers to ensure the rights and legitimate interests of citizens of the Republic of Kazakhstan.
5. The powers of a maslikhat may be terminated prematurely 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 of a decision on self-dissolution adopted by the maslikhat.
6. The competence of maslikhats, the procedure for their organization and activities, and the legal status of deputies shall be determined by the law.
Article 89
1. Local executive bodies shall form part of a unified system of executive bodies of the Republic of Kazakhstan, shall ensure the implementation of state policy of the executive power in conjunction with the interests and needs of the development of the respective territory.
2. The competence of local executive bodies shall include:
1) development of plans, economic and social development programs of territories, local budgets, and ensuring their execution;
2) management of municipal property;
3) appointment to and dismissal from positions of heads of local executive bodies, as well as resolution of other issues related to the organization of the work of local executive bodies;
4) exercise, in the interests of local public administration, of other powers assigned to local executive bodies by the law.
3. A local executive body shall be headed by an 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 territory of the region, and the maslikhat of the city of republican significance, respectively.
The President of the Republic of Kazakhstan shall propose at least two candidates, on whom a vote shall be held. A candidate receiving a majority of votes of the deputies of the maslikhats 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 shall also be dismissed from office, in accordance with the procedure established by the law. The President of the Republic of Kazakhstan shall have the right, at his or her discretion, to dismiss akims of the capital, regions, and cities of republican significance.
5. Upon the initiative of no fewer than one-fifth of the total number of deputies of a maslikhat, the issue of a vote of no confidence in the akim may be raised. In such case, the maslikhat, by a majority of votes of the total number of its deputies, shall have the right to express no confidence in the akim and to raise the issue of his or her dismissal before the President of the Republic of Kazakhstan with respect to akims of the capital, regions, and cities of republican significance, or before a higher akim with respect to akims of other administrative-territorial units, respectively. 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 activities, shall be determined by the law.
Article 90
1. Maslikhats shall adopt decisions within the scope of their competence, and akims shall adopt decisions and orders binding for execution 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 if there is a positive opinion of the akim.
3. Decisions of maslikhats that do not comply with the Constitution and the legislation of the Republic of Kazakhstan may be annulled through judicial proceedings.
4. Decisions and orders of akims may be revoked by the Government of the Republic of Kazakhstan or by a higher akim, respectively, as well as through judicial proceedings.
Article 91
1. Local self-government shall be recognized in the Republic of Kazakhstan, ensuring the independent resolution by the population of issues of local significance.
2. Local self-government shall be exercised by the population directly, as well as through maslikhats and other bodies of local self-government in local communities covering territories where groups of the population reside compactly.
Bodies of local self-government may, in accordance with the law, be delegated the exercise of state functions.
3. The organization and activities of local self-government in Kazakhstan shall be regulated by the law.
4. The independence of bodies of local self-government within the limits of their powers established by the law shall be guaranteed.
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 held pursuant to a decision of the President of the Republic of Kazakhstan adopted on his or her own initiative, or upon the initiative of the Kurultai, the Government, or the Kazakhstan People’s Council.
2. A national referendum shall be deemed valid if more than one-half of the citizens of the Republic of Kazakhstan entitled to participate in the referendum have taken part in the voting.
3. Amendments and additions to the Constitution submitted to a national referendum shall be considered adopted if more than one-half of the citizens of the Republic of Kazakhstan who participated in the voting have voted in favor thereof, provided that not less than two-thirds of the regions, cities of republican significance, and the capital have participated.
Article 93
Amendments and additions to the Constitution of the Republic of Kazakhstan shall be submitted to a national referendum subject to the availability of a 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. Amendments and Additions to the Constitution
Article 94
1. The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, shall enter into force on July 1, 2026, with the simultaneous termination of the effect 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 public 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 August 30, 1995, shall terminate its powers on July 1, 2026.
Elections to the Kurultai shall be called 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 Kurultai of the first convocation, 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 date of the opening of the first session of the Kurultai of the first convocation.
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 August 30, 1995, shall retain their powers.
4. The Chairperson and members of the Central Election Commission and the Supreme Audit Chamber shall be appointed within two months from the date of the opening of the first session of the Kurultai of the first convocation.
Until the formation of 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 August 30, 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 (appointed) in accordance with the Constitution of the Republic of Kazakhstan of August 30, 1995, shall retain their powers until their termination on the grounds provided for by the Constitution and laws of the Republic of Kazakhstan.
Article 96
1. Laws and other normative legal acts of the Republic of Kazakhstan in force on the date of entry into force of the Constitution shall apply insofar as they do not contradict the Constitution.
2. The Government, central and local state bodies shall take the necessary measures to bring normative legal acts into conformity 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 and in force on the date of entry into force of the Constitution shall retain legal force insofar as they do not contradict the Constitution.
