Constitution of the Republic of Kazakhstan

Article 1

The Republic of Kazakhstan is a democratic, secular, legal and social State. The highest values of the State are the human being, the human life, and human rights and freedoms.

Article 2

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

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

3. The administrative and territorial structure of the Republic of Kazakhstan shall be defined by a constitutional law.

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

5. The names "Republic of Kazakhstan" and "Kazakhstan" have the same meaning.

6. The national currency (monetary unit) of the Republic of Kazakhstan is the tenge. The exclusive right to issue the tenge belongs to the Republic of Kazakhstan.

7. The sovereignty, independence, unitary nature, territorial integrity and form of government of the Republic of Kazakhstan are not subject to change.

Article 3

1. The fundamental principles of the activity of the Republic of Kazakhstan are: protection of sovereignty and independence; safeguarding human and civil rights and freedoms; ensuring the supremacy of law and order; consolidating nationwide unity; raising the well-being of the people; advancing the idea of responsible and creative patriotism; developing public dialogue; affirming the values of diligence, progress and knowledge; forming a high ecological culture; preserving the historical and cultural heritage; supporting the national culture.

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

Article 4

1. The people of Kazakhstan are the sole source of State power and the bearer of sovereignty.

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

3. No one may appropriate power in the Republic of Kazakhstan. The appropriation of power is prosecuted by law. The right to act on behalf of the people and the State belongs to the President of the Republic of Kazakhstan, and also to the Kurultay of the Republic of Kazakhstan within the limits of its constitutional powers. The Government of the Republic of Kazakhstan and other State bodies act on behalf of the State within the powers delegated to them.

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

Article 5

1. The applicable law of the Republic of Kazakhstan consists of the norms of the Constitution, of laws conforming to it, of normative resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan, of other normative legal acts, and of the international treaty obligations of the Republic of Kazakhstan.

2. The Constitution has the highest legal force and is directly applicable throughout the territory of the Republic of Kazakhstan.

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

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

5. Laws that impose new duties on citizens or worsen their position do not have retroactive force.

Laws establishing or increasing liability do not have retroactive force.

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

6. For the purpose of the accelerated economic development of particular regions of the Republic of Kazakhstan, a special legal regime relating to the financial sphere or the special legal regime of an "accelerated-development city" may be established in accordance with constitutional laws. Such special legal regimes may provide for particular features of the operation of public administration and of the judicial system.

Article 6

1. Ideological and political diversity is recognised in the Republic of Kazakhstan.

2. Public associations are equal before the law. Unlawful interference of the State in the affairs of public associations or of public associations in the affairs of the State, and the imposition of the functions of State bodies upon public associations, are not permitted. The establishment of organisations of political parties within State bodies is not permitted.

3. The establishment and activity of public associations whose aims or actions are directed at the forcible change of the foundations of the constitutional system, at violation of the integrity of the Republic of Kazakhstan or of public order, at undermining national security, or at incitement to war or to social, racial, national or religious enmity, as well as the formation of paramilitary units not provided for by legislation, are prohibited.

4. The activity in the Republic of Kazakhstan of political parties and trade unions of other States, and of political parties on a religious basis, and the financing of political parties and trade unions by foreign legal entities, foreign citizens, stateless persons, legal entities with foreign participation, or foreign States and international organisations, are not permitted.

5. Information on the movement and assets of monetary funds received by non-commercial organisations from foreign States, international and foreign legal entities, foreign citizens and stateless persons must be open and accessible in accordance with the laws of the Republic of Kazakhstan.

Article 7

1. Religion is separated from the State.

2. The activity of religious organisations on the territory of Kazakhstan is carried out in accordance with the law and may be restricted for the purposes of protecting the foundations of the constitutional system, human and civil rights and freedoms, ensuring national security, public order and the health and morals of the population.

Article 8

1. All forms of property are recognised, guaranteed and equally protected in the Republic of Kazakhstan.

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

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

Article 9

1. The State language of the Republic of Kazakhstan is the Kazakh language.

2. In State organisations and in local self-government bodies, the Russian language is used officially on an equal footing with the Kazakh language.

3. The State takes care to create conditions for the study and development of the languages of the united people of Kazakhstan.

Article 10

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

Article 11

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

Article 12

1. Every person has the right to recognition of his legal personality.

Every person is entitled to defend his rights and freedoms by any means not prohibited by law, including by necessary defence.

2. Every person has the right to judicial protection of his rights and freedoms.

3. The right to receive qualified legal assistance in accordance with the law is recognised in the Republic of Kazakhstan.

Article 13

1. Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with the law; it is uniform and equal regardless of the grounds on which it has been acquired.

2. A citizen of the Republic of Kazakhstan may not be deprived of citizenship, of the right to change citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is permitted only by a court decision for the commission of terrorist offences or for the infliction of other grave harm upon the national interests of the Republic of Kazakhstan.

3. A citizen of the Republic of Kazakhstan may not hold dual or multiple citizenship. The possession of another citizenship is a ground for the termination of the citizenship of the Republic of Kazakhstan. With respect to minor children who have acquired the citizenship of a foreign State by virtue of their birth, the provisions provided for by law shall apply.

Article 14

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

2. The Republic of Kazakhstan guarantees the protection of its citizens outside its territory in accordance with the law.

Article 15

1. Human rights and freedoms are recognised and guaranteed in the Republic of Kazakhstan in accordance with the Constitution.

2. Human rights and freedoms belong to every person from birth, are recognised as absolute and inalienable, and shall determine the content and application of the applicable law of the Republic of Kazakhstan.

3. A citizen of the Republic of Kazakhstan has rights and bears duties arising from his citizenship.

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

5. The exercise of human and civil rights and freedoms must not violate the rights or restrict the freedoms of other persons, nor encroach upon the foundations of the constitutional system, public order, the health of citizens or the morals of society.

6. Every person has the right to obtain from the State compensation for damage caused by unlawful actions of State bodies or of their officials.

Article 16

1. All are equal before the law and the courts.

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

Article 17

1. The right to life is the inalienable and absolute right of every person.

2. No one is entitled arbitrarily to take the life of a human being.

3. The death penalty is prohibited.

Article 18

1. Every person is guaranteed the right to personal liberty and inviolability.

2. Without a court decision, no person may be subjected to detention beyond the periods provided for by law.

Detention in custody is permitted only by a court decision, with the right to appeal.

3. At the moment of detention, every person shall be informed of the grounds for the restriction of his liberty and of his rights.

4. A person detained, a suspect or an accused has the right to receive the assistance of an advocate (defence counsel) from the moment of detention, of being recognised as a suspect or of the bringing of charges, respectively.

Article 19

1. A person is deemed not guilty of a criminal offence until his guilt is established by a court verdict that has entered into legal force.

2. No one is obliged to give evidence against himself, his spouse or close relatives, the circle of whom is defined by law.

Ministers of religion are not obliged to bear witness against persons who have confided in them at confession.

3. The repeated bringing of a person to criminal or administrative liability for the same offence is prohibited.

Article 20

1. Human honour and dignity are inviolable and are protected by law.

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

Article 21

1. The right to inviolability of private life, to personal and family privacy, and to protection of personal data against unlawful collection, processing, storage and use, including by means of digital technologies, is guaranteed by law.

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

3. State bodies, public associations, officials and the mass media shall ensure that every person has the opportunity to acquaint himself with documents, decisions and sources of information that concern his rights and interests.

Article 22

1. Every person is entitled to determine and to indicate or not to indicate his national affiliation.

2. Every person has the right to use his native language and culture, and freely to choose the language of communication, upbringing, education and creative activity.

Article 23

1. Freedom of speech and freedom of scientific, technical and artistic creative activity are guaranteed.

2. Intellectual property is protected by law.

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

4. Freedom of speech and freedom of dissemination of information must not encroach upon the honour and dignity of other persons, the health of citizens or the morals of society, or violate public order.

5. Censorship is prohibited.

6. Propaganda of the forcible change of the foundations of the constitutional system of the Republic of Kazakhstan, of encroachment upon the territorial integrity, sovereignty and independence of the Republic of Kazakhstan, of violation of public order, of the undermining of national security, of war, of armed conflicts, of social, racial, national, ethnic or religious supremacy or discord, of the cult of cruelty and violence, as well as calls to commit such actions, are not permitted.

Article 24

1. Every person who is lawfully present on the territory of the Republic of Kazakhstan has the right to freedom of movement throughout its territory and to free choice of place of residence, except in the cases established by law.

2. Every person has the right to leave the territory of the Republic of Kazakhstan. Restriction of this right is permitted in the cases and in the manner established by law. Citizens of the Republic of Kazakhstan have the right to return without hindrance to the Republic of Kazakhstan.

Article 25

1. Every person has the right to freedom of conscience.

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

Article 26

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

2. The Chairpersons and judges of the Constitutional Court, the Supreme Court and other courts, the Chairpersons and members of the Central Election Commission and the Supreme Audit Chamber of the Republic of Kazakhstan, the officers and employees of law-enforcement and special State bodies, and military personnel may not be members of political parties or trade unions, or speak out in support of or in condemnation of any political party or socio-political movement.

Article 27

1. Every person has the right to labour and to free choice of occupation and profession. Forced labour is permitted only on the basis of a court act finding a person guilty of a criminal or administrative offence, or in conditions of a state of emergency or martial law.

2. The Republic of Kazakhstan guarantees the right to conditions of labour meeting safety and hygiene requirements, the right to remuneration for labour without any discrimination, and the right to social protection in accordance with the law.

3. The right to individual and collective labour disputes, using the methods of their resolution established by law, is recognised.

4. The right to rest, to limitation of working hours, to days off and holidays, and to paid leave is guaranteed by law.

Article 28

1. The home is inviolable. Deprivation of housing and eviction from it are not permitted otherwise than by a court decision. Entry into a home and its inspection and search are permitted in the cases and in the manner established by law.

2. In the Republic of Kazakhstan, conditions shall be created for the provision of housing to its citizens. To the categories of citizens specified by law who are in need of housing, it shall be provided in accordance with the norms established by law.

Article 29

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

2. Property and the right of inheritance are guaranteed by law.

3. No one may be deprived of his property otherwise than by a court decision. The forcible alienation of property for State needs is permitted in the exceptional cases provided for by law, subject to the payment of its equivalent value.

4. The Republic of Kazakhstan guarantees the right to freedom of entrepreneurial activity and to the free use of one's property for any lawful entrepreneurial activity. Monopolistic activity is regulated or restricted by law. Unfair competition is prohibited.

Article 30

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

2. Marriage is a voluntary and equal union between a man and a woman registered by the State in accordance with the law.

3. The care of children and their upbringing is the natural right and duty of parents.

4. Children of full age who are capable of work are obliged to take care of their parents who are unfit for work.

Article 31

1. A citizen of the Republic of Kazakhstan is guaranteed a minimum amount of wages and pension, and social security in respect of age, illness, disability, loss of breadwinner and on other lawful grounds.

2. In the Republic of Kazakhstan, voluntary social insurance, the creation of other forms of social security, volunteer activity and charity shall be encouraged.

Article 32

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

2. Citizens of the Republic of Kazakhstan are entitled to receive, free of charge, the medical care established by law.

3. The provision of paid medical care in State and private medical institutions, and by persons engaged in private medical practice, is carried out on the grounds and in the manner established by law.

Article 33

1. Citizens of the Republic of Kazakhstan are guaranteed the receipt, free of charge, of secondary education in State educational establishments. Primary and basic secondary education is compulsory.

2. A citizen of the Republic of Kazakhstan has the right to receive higher education in higher educational establishments in accordance with the law.

3. The receipt of paid education in private educational establishments is carried out on the grounds and in the manner established by law.

4. The State establishes universally mandatory standards of education. The activity of all educational establishments must conform to those standards.

5. The system of education and upbringing in organisations of education on the territory of the Republic of Kazakhstan is of a secular character, with the exception of spiritual (religious) organisations of education.

Article 34

Citizens of the Republic of Kazakhstan have the right to peaceful assembly. The exercise of this right may be restricted by law for the purposes of protecting the foundations of the constitutional system, human and civil rights and freedoms, of ensuring national security, public order and the health and morals of the population.

Article 35

1. Citizens of the Republic of Kazakhstan have the right to participate in the administration of the affairs of the State directly and through their representatives, to apply in person and to send individual and collective petitions to State bodies and local self-government bodies.

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

3. Citizens of the Republic of Kazakhstan who have been recognised by a court as legally incapable, and citizens of the Republic of Kazakhstan held in places of deprivation of liberty under a court verdict, do not have the right to vote or to participate in nationwide referendums.

Citizens of the Republic of Kazakhstan who have been recognised by a court as legally incapable, citizens of the Republic of Kazakhstan whose criminal conviction has not been expunged or removed in the manner established by law, and citizens of the Republic of Kazakhstan whose guilt in committing a corruption-related crime or corruption-related offence has been recognised by a court in the manner established by law, do not have the right to be elected.

4. Citizens of the Republic of Kazakhstan have an equal right of access to public service. The requirements imposed on a candidate for the office of a State servant relate exclusively to the nature of the official duties and shall be established in accordance with the law.

Article 36

1. Every person is obliged to observe the Constitution and legislation of the Republic of Kazakhstan and to respect the rights, freedoms, honour and dignity of other persons.

2. Every person is obliged to respect the State symbols of the Republic of Kazakhstan.

Article 37

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

2. The State sets as its aim the protection of the environment, favourable to the life and health of the human being.

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

Article 38

The payment of lawfully established taxes, fees and other mandatory payments is the duty and obligation of every person.

Article 39

1. The defence of the Republic of Kazakhstan is the sacred duty and obligation of every one of its citizens.

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

Article 40

Citizens of the Republic of Kazakhstan are obliged to care for the preservation of the historical and cultural heritage and to treat monuments of history and culture with care.

Article 41

1. Human and civil rights and freedoms may be restricted only by laws and only to the extent necessary for the purposes of protecting the foundations of the constitutional system, human and civil rights and freedoms, ensuring national security, public order and the health and morals of the population.

2. Actions capable of disturbing inter-ethnic and inter-confessional concord shall be recognised as unconstitutional.

3. The restriction of the rights and freedoms of citizens on political grounds is not permitted. The rights and freedoms provided for by Articles 12, 14, 16, 17, 20, 22 and 25 of the Constitution of the Republic of Kazakhstan shall not be subject to restriction under any circumstances.

Article 42

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

2. The President of the Republic of Kazakhstan is the symbol and guarantor of the unity of the people and of State power, of the inviolability of the Constitution, and of human and civil rights and freedoms of citizens of the Republic of Kazakhstan.

3. The President of the Republic of Kazakhstan ensures the coordinated and uninterrupted functioning of all branches of State power and the responsibility of organs of power before the united people of Kazakhstan.

Article 43

1. The President of the Republic of Kazakhstan is elected, in accordance with a 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, in accordance with the Constitution, be elected President of the Republic of Kazakhstan more than once.

2. A citizen of the Republic of Kazakhstan by birth, not younger than forty years of age, fluent in the State language, who has been residing in Kazakhstan for the last fifteen years, who has a higher education and has not less than five years of work experience in the public service or in elective 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 not later than two months before the end of the term of his powers and shall not coincide in time with the election of a new convocation of the Kurultay of the Republic of Kazakhstan.

4. A candidate who has received more than fifty per cent of the votes of voters who took part in the voting shall be deemed elected. If none of the candidates has received more than fifty per cent of the votes, a second round of voting shall be held, in which the two candidates who received the greater number of votes shall participate. The candidate who has received the greater number of votes of voters who took part in the voting shall be deemed elected.

5. The provisions of paragraph 1 of this Article are not subject to change.

Article 44

1. The President of the Republic of Kazakhstan takes office from the moment of the taking of the following oath before the people: "I solemnly swear faithfully to serve the people of Kazakhstan, strictly to observe the Constitution and laws of the Republic of Kazakhstan, to guarantee the rights and freedoms of the citizens of the Republic of Kazakhstan, and conscientiously to perform the lofty duties of the President of the Republic of Kazakhstan entrusted to me."

2. The oath is taken within one month from the date of the publication of the results of the elections, in the presence of the deputies of the Kurultay, the judges of the Constitutional Court and the Supreme Court, the former Presidents of the Republic of Kazakhstan, and representatives of the public and invited foreign guests. In the case provided for by Article 51 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath within seven days from the date of early removal from office through resignation, persistent inability to perform his duties for reasons of health or the removal of the President of the Republic of Kazakhstan from office, or from the date of his death.

3. The powers of the President of the Republic of Kazakhstan terminate from the moment a newly elected President of the Republic of Kazakhstan takes office, and also in the event of early removal from office through resignation, persistent inability to perform his duties for reasons of health or the removal of the President of the Republic of Kazakhstan from office, or in the event of his death. All former Presidents of the Republic of Kazakhstan, save those removed from office, hold the title of Former President of the Republic of Kazakhstan.

Article 45

1. The President of the Republic of Kazakhstan, during the period of the exercise of his powers, is not entitled to be elected as a deputy of a representative body, to hold any other paid office, to engage in entrepreneurial activity, or to be a member of a political party.

2. The close relatives of the President of the Republic of Kazakhstan are not entitled to hold positions of political State servants or positions of heads of subjects of the quasi-public sector.

Article 46

The President of the Republic of Kazakhstan:

1) addresses the people of Kazakhstan with messages on the situation in the country and on the main directions of the domestic and foreign policy of the Republic of Kazakhstan;

2) with the consent of the Kurultay expressed by a majority of votes of the total number of its deputies, appoints the Vice-President of the Republic of Kazakhstan; dismisses the Vice-President from office; determines his powers.

The President of the Republic of Kazakhstan has the right to dissolve the Kurultay in the event of a repeated refusal to give consent to the appointment of the Vice-President, with the exception of the cases provided for in paragraph 3 of Article 62 of the Constitution;

3) calls regular and early elections to the Kurultay of the Republic of Kazakhstan; convenes the first session of the Kurultay and receives the oath of its deputies before the people of Kazakhstan; convenes extraordinary sessions of the Kurultay; signs a law submitted by the Kurultay within one month, promulgates the law, or returns the law or individual articles of it for reconsideration and a second vote;

4) after consultations with the factions of the political parties represented in the Kurultay, submits to the Kurultay for consideration, with a view to obtaining consent, the candidacy of the Prime Minister of the Republic of Kazakhstan; with the consent of the Kurultay expressed by a majority of votes of the total number of its deputies, appoints the Prime Minister to office; dismisses the Prime Minister from office; on the recommendation of the Prime Minister, determines the structure of the Government; on the recommendation of the Prime Minister submitted after consultations with the Kurultay, appoints the members of the Government to office; appoints the Ministers of Foreign Affairs, Defence and Internal Affairs independently; dismisses members of the Government from office; receives the oath of the members of the Government; presides over meetings of the Government on particularly important issues.

The President of the Republic of Kazakhstan has the right to dissolve the Kurultay in the event of a repeated refusal to give consent to the appointment of the Prime Minister, with the exception of the cases provided for in paragraph 3 of Article 62 of the Constitution;

5) appoints to office and dismisses 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 Security Service of the Republic of Kazakhstan, and the Commissioner for Human Rights in the Republic of Kazakhstan;

6) forms, abolishes and reorganises State bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, and appoints and dismisses their heads;

7) appoints and recalls the heads of diplomatic missions of the Republic of Kazakhstan;

8) with the consent of the Kurultay expressed by a majority of votes of the total number of its deputies, appoints 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; dismisses them from office.

The President of the Republic of Kazakhstan has the right to dissolve the Kurultay in the event of a repeated refusal to give consent to the appointment of judges of the Constitutional Court or of members of the Central Election Commission or the Supreme Audit Chamber, with the exception of the cases provided for in paragraph 3 of Article 62 of the Constitution;

9) is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, and appoints to office and dismisses from office the high command of the Armed Forces;

10) takes the decision to hold a nationwide referendum;

11) in the interests of the protection of human and civil rights and freedoms of the Republic of Kazakhstan, of ensuring national security, sovereignty and the integrity of the State, applies to the Constitutional Court with a request to consider the conformity of a law or other legal act that has entered into force with the Constitution and to give a conclusion in the case provided for by Article 93 of the Constitution;

12) conducts negotiations and signs international treaties on behalf of the Republic of Kazakhstan; signs instruments of ratification; receives the letters of credence and recall of the heads of diplomatic missions of foreign States accredited to the Republic of Kazakhstan, and of the heads of international organisations;

13) establishes State awards and honorary titles;

14) confers State awards, honorary titles, the highest military and other titles, class ranks, diplomatic ranks and qualification grades;

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

16) exercises the power of pardon;

17) where the independence and territorial integrity of the Republic of Kazakhstan, its internal political stability, or the security of its citizens are under direct threat, and this disrupts the functioning of the State constitutional bodies, after official consultations with the Prime Minister and the Chairperson of the Kurultay of the Republic of Kazakhstan, takes measures dictated by the said circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in particular localities and the use of the Armed Forces of the Republic of Kazakhstan;

18) in the event of aggression against the Republic of Kazakhstan or of a direct external threat to its security, introduces martial law throughout the territory of the Republic of Kazakhstan or in particular localities, declares partial or general mobilisation, and immediately informs the Kurultay of the Republic of Kazakhstan thereof;

19) forms the State Security Service subordinate to him;

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

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

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

Article 47

1. On the basis of, and in execution of, the Constitution and laws, the President of the Republic of Kazakhstan issues decrees and orders having binding force throughout the territory of the Republic of Kazakhstan.

2. The President of the Republic of Kazakhstan, during the period of the temporary absence of the Kurultay caused by the early termination of its powers, issues decrees having the force of constitutional laws or laws of the Republic of Kazakhstan.

3. Laws, before being signed by the President of the Republic of Kazakhstan, are countersigned in advance by the Chairperson of the Kurultay and by the Prime Minister, who bear responsibility for their conformity with the Constitution and the laws.

Acts of the President of the Republic of Kazakhstan issued on the initiative of the Government are countersigned in advance by the Prime Minister, who bears responsibility for their conformity with the Constitution and the laws.

Article 48

1. The President of the Republic of Kazakhstan, his honour and dignity, are inviolable.

The President of the Republic of Kazakhstan shall not bear criminal or administrative liability for actions committed in the exercise of the powers of the President, with the exception of the commission of high treason.

2. The maintenance, services and protection of the President of the Republic of Kazakhstan and his family are provided at the expense of the State.

3. The provisions of this Article shall extend to former Presidents of the Republic of Kazakhstan.

Article 49

1. The Vice-President of the Republic of Kazakhstan is appointed to office by the President of the Republic of Kazakhstan with the consent of the Kurultay of the Republic of Kazakhstan expressed by a majority of votes of the total number of its deputies.

2. The Vice-President, during the period of the exercise of his powers, is not entitled to be elected as a deputy of a representative body, to hold any other paid office, to engage in entrepreneurial activity, or to be a member of a political party.

3. The Vice-President, on the instructions of the President of the Republic of Kazakhstan, represents him in interactions with the Kurultay, the Government and other State bodies, and also exercises other powers determined by the President.

Article 50

1. The President of the Republic of Kazakhstan is entitled voluntarily to resign by submitting a corresponding statement to the Constitutional Court of the Republic of Kazakhstan. The Constitutional Court certifies that the President of the Republic of Kazakhstan submitted the statement of resignation personally and voluntarily. From the moment the Constitutional Court has given its conclusion, the President of the Republic of Kazakhstan shall be deemed to have been removed from office in connection with his voluntary resignation.

2. The President of the Republic of Kazakhstan may be removed from office before the end of his term in the event of persistent inability to perform his duties for reasons of health. In this case, the Kurultay forms a commission composed of deputies and specialists in the relevant fields of medicine. The decision on early removal is taken at a sitting of the Kurultay by a majority of not less than three-quarters of the votes of the total number of deputies on the basis of the conclusion of the commission and the conclusion of the Constitutional Court as to the observance of the established constitutional procedures.

3. The President of the Republic of Kazakhstan shall bear responsibility for actions committed in the exercise of his powers only in the case of high treason and may be removed from office for this by the Kurultay. The initiative to bring a charge against the President of the Republic of Kazakhstan for the commission of high treason and for its inquiry is brought by not less than one-third of the total number of deputies of the Kurultay. The decision on this issue is taken by a majority of votes of the total number of deputies of the Kurultay. The inquiry into the charge is organised by the Kurultay, and its results are brought before a sitting of the Kurultay for consideration by a majority of votes of the total number of deputies of the Kurultay. A final decision on this issue is taken at a sitting of the Kurultay by a majority of not less than three-quarters of the votes of the total number of deputies, provided that there are a conclusion of the Supreme Court as to the substantiation of the charge and a conclusion of the Constitutional Court as to the observance of the established constitutional procedures. Failure to take a final decision within two months from the moment the charge is brought entails the recognition of the charge against the President of the Republic of Kazakhstan as having been rejected. The rejection at any stage of a charge of high treason against the President of the Republic of Kazakhstan entails the early termination of the powers of those deputies of the Kurultay who initiated the consideration of this issue.

4. The question of the removal of the President of the Republic of Kazakhstan from office may not be raised during the period of consideration by him of the question of the early termination of the powers of the Kurultay.

Article 51

1. In the event of the early removal from office of the President of the Republic of Kazakhstan in connection with his voluntary resignation, persistent inability to perform his duties for reasons of health or the removal of the President of the Republic of Kazakhstan from office, and also in the event of his death, the powers of the President of the Republic of Kazakhstan pass to the Vice-President; should the Vice-President be unable, for reasons of health or other reasons of a personal nature, to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan pass to the Chairperson of the Kurultay; should the Chairperson of the Kurultay be unable to assume the powers of the President of the Republic of Kazakhstan, the powers of the President of the Republic of Kazakhstan pass to the Prime Minister.

A person who has decided to refuse to assume the powers of the President of the Republic of Kazakhstan shall submit to the Constitutional Court a statement refusing to assume the powers of the President of the Republic of Kazakhstan. The Constitutional Court shall certify that the said person submitted the statement refusing to assume the powers of the President of the Republic of Kazakhstan personally and voluntarily, and shall give a conclusion.

The person who has assumed the powers of the President of the Republic of Kazakhstan shall relinquish the powers of Vice-President, Chairperson of the Kurultay or Prime Minister, as the case may be. In this case, the filling of the vacant State positions shall be carried out in the manner provided for by the Constitution.

2. Within seven days from the date of the early removal from office of the President of the Republic of Kazakhstan in connection with his voluntary resignation, persistent inability to perform his duties for reasons of health or the removal of the President of the Republic of Kazakhstan from office, or from the date of his death, the Kurultay shall announce the holding of elections of the President of the Republic of Kazakhstan. The elections shall be held within two months from the date of the relevant decision of the Kurultay.

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

Article 52

1. The Kurultay of the Republic of Kazakhstan is the supreme representative body of the Republic of Kazakhstan that exercises legislative power.

2. The powers of the Kurultay begin from the moment of the opening of its first session and end with the commencement of the work of the first session of the Kurultay of a new convocation.

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

4. The organisation and operation of the Kurultay, and the legal status of its deputies, shall be defined by a constitutional law.

Article 53

1. The Kurultay is composed of one hundred and forty-five deputies elected, in the manner established by a constitutional law, on the basis of a system of proportional representation throughout the territory of a single nationwide electoral district.

2. The term of office of the deputies of the Kurultay is five years.

Article 54

1. The election of deputies of the Kurultay is carried out on the basis of universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Kurultay shall be held not later than two months before the end of the term of office of the existing convocation of the Kurultay.

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

3. A person who has reached twenty-five years of age, who holds the citizenship of the Republic of Kazakhstan and who has permanently resided on its territory for the last ten years may be a deputy of the Kurultay.

4. The election of deputies of the Kurultay is regulated by a constitutional law.

5. The deputies of the Kurultay take an oath before the people of Kazakhstan.

Article 55

1. The deputies of the Kurultay are obliged to take part in its work. Voting in the Kurultay is carried out by a deputy in person. The absence of a deputy without good reason from sittings of the Kurultay and of its bodies on more than three occasions, and the transfer of his right to vote, shall entail the application to the deputy of measures of liability established by law.

2. A deputy of the Kurultay is not entitled to be a deputy of any other representative body, to hold other paid offices other than in pedagogical, scientific or creative activity, to engage in entrepreneurial activity, or to be a member of a governing body or a supervisory council of a commercial organisation. Breach of these requirements shall entail the termination of the powers of the deputy.

3. A deputy of the Kurultay may not, during the term of his powers, be detained, save in cases of detention at the scene of a crime or of the commission of grave or particularly grave offences, held in custody, brought before a court, subjected to an administrative penalty imposed by judicial procedure, or brought to criminal liability without the consent of the Kurultay.

4. The powers of a deputy of the Kurultay terminate in cases of resignation, his death, recognition of the deputy by a court decision that has entered into legal force as legally incapable, deceased or missing without trace, and in other cases provided for by the Constitution and by a constitutional law.

A deputy of the Kurultay shall lose his mandate upon:

1) departure for permanent residence outside Kazakhstan;

2) the entry into legal force in respect of him of a guilty verdict of a court;

3) the termination of the citizenship of the Republic of Kazakhstan;

4) leaving or being expelled from the political party from which he was elected;

5) the termination of the activity of the political party from which he was elected.

The powers of deputies of the Kurultay shall terminate in the event of the dissolution of the Kurultay.

5. The preparation of issues relating to the application of measures of liability to deputies, the observance by them of the requirements of paragraph 2 of this Article and of the rules of parliamentary ethics, and also relating to the termination of the powers of deputies and to their being deprived of their powers and of guarantees of inviolability, is entrusted to the Central Election Commission of the Republic of Kazakhstan.

Article 56

The Kurultay:

1) adopts constitutional laws and laws;

2) reconsiders and votes again, within one month from the date on which objections are referred, on laws or articles of laws to which the President of the Republic of Kazakhstan has raised objections. Failure to observe this period means that the objections of the President have been accepted. If the Kurultay, by a majority of three-quarters of the votes of the total number of its deputies in respect of constitutional laws or articles of constitutional laws, or by a majority of two-thirds of the votes of the total number of its deputies in respect of laws or articles of laws, overrides the objections of the President, the President shall sign the constitutional law or the law within one month. If the objections of the President are not overridden, the constitutional law or the law shall be deemed not to have been adopted or to have been adopted in the wording proposed by the President;

3) decides issues of war and peace;

4) on the proposal of the President of the Republic of Kazakhstan, takes the decision on the use of the Armed Forces of the Republic of Kazakhstan to discharge international obligations relating to the maintenance of peace and security;

5) calls the elections of the President of the Republic of Kazakhstan;

6) takes the initiative for the calling of a nationwide referendum;

7) gives the President of the Republic of Kazakhstan, by a majority of votes of the total number of deputies of the Kurultay, its consent to the appointment of the Vice-President of the Republic of Kazakhstan;

8) gives the President of the Republic of Kazakhstan, by a majority of votes of the total number of deputies of the Kurultay, its consent to the appointment of the Prime Minister of the Republic of Kazakhstan;

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

10) on the proposal of the President of the Republic of Kazakhstan, elects and dismisses from office the judges of the Supreme Court of the Republic of Kazakhstan, and receives their oath;

11) deprives the judges of the Constitutional Court and the judges of the Supreme Court of the guarantee of inviolability;

12) terminates the powers of a deputy of the Kurultay, and, on the proposal of the Prosecutor General of the Republic of Kazakhstan, decides on the deprivation of a deputy of the Kurultay of the guarantee of inviolability;

13) is entitled, on the initiative of not less than one-fifth of the total number of deputies of the Kurultay, by a majority of votes of the total number of deputies of the Kurultay, to express a vote of no confidence in the Government;

14) hears the annual message of the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;

15) twice a year hears the report of the Chairperson of the Supreme Audit Chamber;

16) discusses and approves the reports of the Government and of the Supreme Audit Chamber on the execution of the republican budget. Failure of the Kurultay to approve the report of the Government on the execution of the republican budget shall be deemed to constitute the expression by the Kurultay of a vote of no confidence in the Government;

17) is entitled, on the initiative of not less than one-third of the total number of deputies of the Kurultay, to hear reports of the members of the Government of the Republic of Kazakhstan on their work. In the event of failure by a member of the Government to execute the laws of the Republic of Kazakhstan, the Kurultay is entitled, on the basis of the results of the hearing of the report, by a majority of not less than two-thirds of the votes of the total number of deputies of the Kurultay, to take a decision on the submission to the President of the Republic of Kazakhstan of a request for his dismissal from office. In this case, the President of the Republic of Kazakhstan shall dismiss the member of the Government from office;

18) holds hearings on issues within its competence;

19) adopts its rules of procedure and takes other decisions on issues relating to the organisation of the work of the Kurultay and to its internal order;

20) forms the coordinating body and working bodies of the Kurultay;

21) forms commissions of the Kurultay, elects and dismisses their chairs from office, and hears reports on the work of the commissions;

22) exercises other powers entrusted to the Kurultay by the Constitution.

Article 57

1. The Kurultay is headed by a Chairperson elected from among the deputies fluent in the State language by a majority of votes of the total number of deputies of the Kurultay by secret ballot. The candidacy for the office of Chairperson of the Kurultay is submitted by the President of the Republic of Kazakhstan. In the event of a repeated refusal to elect the Chairperson of the Kurultay, the President of the Republic of Kazakhstan has the right to dissolve the Kurultay.

2. The Chairperson of the Kurultay may be recalled from office, and may also resign, where a majority of the total number of deputies of the Kurultay has voted in favour.

3. The Chairperson of the Kurultay:

1) convenes sittings of the Kurultay and presides over them;

2) exercises general supervision over the preparation of issues submitted for consideration by the Kurultay;

3) submits to the Kurultay candidates for election to the office of Deputy Chairpersons of the Kurultay;

4) ensures observance of the rules of procedure in the activity of the Kurultay;

5) directs the activity of the coordinating body of the Kurultay;

6) signs acts issued by the Kurultay;

7) performs other duties entrusted to him by the rules of procedure of the Kurultay.

4. Unless otherwise provided by the Constitution, the Chairperson of the Kurultay opens the sessions of the Kurultay.

5. The Chairperson of the Kurultay issues orders on issues within his competence.

Article 58

1. A session of the Kurultay is held in the form of sittings.

2. The first session of the Kurultay is convened by the President of the Republic of Kazakhstan not later than thirty days from the date of the publication of the results of the elections.

3. A regular session of the Kurultay is held once a year, between the first working day of September and the last working day of June.

4. A session is opened and closed at a sitting of the Kurultay. A session of the Kurultay is, as a rule, opened by the President of the Republic of Kazakhstan. In the period between sessions of the Kurultay, an extraordinary session of the Kurultay may be convened by the President of the Republic of Kazakhstan on his own initiative, at the proposal of the Chairperson of the Kurultay or of not less than one-third of the total number of deputies of the Kurultay. Only those issues that occasioned the convening of the session may be considered at it.

5. A sitting of the Kurultay is held when not less than two-thirds of the total number of deputies of the Kurultay are present.

6. The sittings of the Kurultay are public. In the cases provided for by the rules of procedure, sittings may be held in closed form. The President of the Republic of Kazakhstan, the Vice-President, the Prime Minister and the members of the Government, the Chairperson of Qazaqstan Halyq Kenesi (People's Council of Kazakhstan), the Chairperson of the National Bank, the Prosecutor General and the Chairperson of the National Security Committee have the right to attend any sitting and to address it.

Article 59

1. The Kurultay forms standing committees, the number of which shall be defined by a constitutional law, as well as commissions.

2. Committees and commissions issue resolutions on issues within their competence.

Article 60

1. The right of legislative initiative belongs to the President of the Republic of Kazakhstan, the deputies of the Kurultay, the Government and Qazaqstan Halyq Kenesi, and is exercised exclusively in the Kurultay.

2. The President of the Republic of Kazakhstan is entitled to determine the priority of the consideration of draft laws, which means that the relevant draft laws are to be adopted as a matter of priority within two months.

3. The Kurultay is entitled to legislate, regulating the most important social relations and establishing fundamental principles and norms concerning:

1) the legal personality of natural and legal persons, civil rights and freedoms, the obligations and liability of natural and legal persons;

2) the regime of ownership and other proprietary rights;

3) the foundations of the organisation and activity of State bodies and local self-government bodies, and of the public and military service;

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

5) the republican budget, State debt and the issues of the rendering by the Republic of Kazakhstan of economic and other assistance;

6) issues of the judicial structure and judicial proceedings;

7) issues of amnesty;

8) education, science, culture, healthcare and social security;

9) the privatisation of enterprises and of their property;

10) protection of the environment;

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

12) ensuring the defence and security of the State;

13) the State symbols of the Republic of Kazakhstan;

14) the ratification and denunciation of international treaties;

15) State awards and honorary titles;

16) other issues in accordance with the Constitution.

4. With a view to a prompt response to situations that threaten the life and health of the population, the constitutional system, the maintenance of public order or the economic security of the country, draft laws submitted by the Government of the Republic of Kazakhstan in the exercise of the right of legislative initiative shall be given immediate consideration by the Kurultay. In the cases provided for in the first part of this paragraph, where draft laws are submitted to the Kurultay, the Government is entitled, on its own responsibility, to adopt temporary normative legal acts having the force of law on the issues specified in paragraph 3 of this Article. Such an act shall remain in force until the entry into force of the law adopted by the Kurultay or until the rejection of the draft laws by the Kurultay.

5. A law adopted by the Kurultay shall, within ten days, be submitted to the President of the Republic of Kazakhstan for signature. The Kurultay is entitled, by a majority of votes of the total number of its deputies, to reject a draft law in its entirety. In such a case, the draft law shall be deemed not to have been adopted and shall be returned to the initiator.

6. Draft laws providing for the reduction of State revenue or the increase of State expenditure may be submitted only with a positive conclusion of the Government. For draft laws submitted to the Kurultay by the President of the Republic of Kazakhstan in the exercise of legislative initiative, such a conclusion is not required.

7. If a draft law submitted by the Government is not adopted, the Prime Minister is entitled to raise at a sitting of the Kurultay the question of confidence in the Government. The vote on this question shall be taken not earlier than forty-eight hours from the moment the question of confidence is raised. If a motion of no confidence does not receive a majority of votes of the total number of deputies of the Kurultay, the draft law shall be deemed to have been adopted without a vote. However, the Government may not exercise this right more than twice a year.

Article 61

1. The Kurultay adopts laws and resolutions having binding force throughout the territory of the Republic of Kazakhstan.

2. A law enters into force after it has been signed by the President of the Republic of Kazakhstan.

3. Constitutional laws shall be adopted on the issues provided for by the Constitution of the Republic of Kazakhstan by a majority of not less than two-thirds of the votes of the total number of deputies of the Kurultay.

4. Unless otherwise provided by the Constitution, the Kurultay adopts laws by a majority of votes of the total number of its deputies. Unless otherwise provided by the Constitution, resolutions of the Kurultay are adopted by a majority of votes of the total number of its deputies.

5. Laws and resolutions of the Kurultay must not be contrary to the Constitution. Resolutions of the Kurultay must not be contrary to laws.

6. The procedure for the drafting, submission, discussion, entry into force and publication of legislative and other normative legal acts of the Republic of Kazakhstan is regulated by law and by the rules of procedure of the Kurultay.

Article 62

1. The President of the Republic of Kazakhstan, after consultations with the Chairperson of the Kurultay and the Prime Minister, has the right to dissolve the Kurultay.

2. The President of the Republic of Kazakhstan has the right to dissolve the Kurultay in the event of a repeated refusal to give consent to the appointment of a person proposed by the President to a position requiring the consent of the Kurultay, and also in the event of a repeated refusal to elect the Chairperson of the Kurultay.

3. The Kurultay shall not be dissolved during a state of emergency or martial law, during the last six months of the term of office of the President, in the year following its previous dissolution, or in the case established by paragraph 3 of Article 51 of the Constitution.

Article 63

1. The Government of the Republic of Kazakhstan exercises the executive power of the Republic of Kazakhstan; it heads the system of executive bodies and directs their activity.

2. The Government is a collegial body and is accountable in its activity to the President of the Republic of Kazakhstan and to the Kurultay.

3. The members of the Government are accountable to the Kurultay in the case provided for in subparagraph 17) of Article 56 of the Constitution.

4. The competence, organisation and procedure of operation of the Government shall be defined by a constitutional law.

Article 64

1. The Government is formed by the President of the Republic of Kazakhstan in the manner provided for by the Constitution.

2. The Prime Minister of the Republic of Kazakhstan shall, within ten days of his appointment, submit to the President of the Republic of Kazakhstan a proposal on the structure and composition of the Government.

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

Article 65

The Government:

1) elaborates the main directions of the socio-economic policy of the State, of its defence capability, security and the maintenance of public order, and organises their implementation;

2) submits the republican budget and the report on its execution to the Kurultay and ensures the execution of the budget;

3) submits draft laws to the Kurultay and ensures the implementation of laws;

4) organises the management of State property;

5) elaborates measures for the conduct of the foreign policy of the Republic of Kazakhstan;

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

7) repeals or suspends, in whole or in part, the acts of ministries and of other central and local executive bodies of the Republic of Kazakhstan;

8) with the consent of the President of the Republic of Kazakhstan, approves the unified system of financing and remuneration of employees for all bodies financed from the State budget;

9) performs other functions entrusted to it by the Constitution, the laws and the acts of the President of the Republic of Kazakhstan.

Article 66

The Prime Minister of the Republic of Kazakhstan:

1) organises and directs the activity of the Government and bears personal responsibility for its work;

2) signs resolutions of the Government;

3) reports to the President and the Kurultay on the main directions of the activity of the Government and on all of its most important decisions;

4) performs other functions relating to the organisation and direction of the activity of the Government.

Article 67

1. The members of the Government, within their competence, take decisions independently and bear personal responsibility before the Prime Minister for the work of the State bodies subordinate to them. A member of the Government who disagrees with the policy pursued by the Government, or does not implement it, shall submit a request for resignation, or shall be dismissed from office.

2. The members of the Government are not entitled to be deputies of a representative body, to hold other paid offices other than in pedagogical, scientific or creative activity, to engage in entrepreneurial activity, or to be members of a governing body or of a supervisory council of a commercial organisation, except where this constitutes part of their official duties in accordance with the legislation of the Republic of Kazakhstan.

Article 68

1. The Government, on issues within its competence, issues resolutions having binding force throughout the territory of the Republic of Kazakhstan.

2. The Prime Minister issues orders having binding force throughout the territory of the Republic of Kazakhstan.

3. Resolutions of the Government and orders of the Prime Minister must not be contrary to the Constitution, the laws, or the acts of the President of the Republic of Kazakhstan.

Article 69

1. The Government relinquishes its powers before a newly elected Kurultay.

2. The Government, or any member thereof, is entitled to submit to the President of the Republic of Kazakhstan a statement of resignation if it or he considers that it or he is no longer in a position to perform the functions entrusted to it or him.

3. In the event that the Kurultay expresses a vote of no confidence in the Government, the Government shall submit to the President of the Republic of Kazakhstan a statement of resignation.

4. The question of the acceptance or non-acceptance of the resignation shall be decided by the President of the Republic of Kazakhstan within ten days.

5. Acceptance of the resignation entails the termination of the powers of the Government or of the relevant member thereof. Acceptance of the resignation of the Prime Minister entails the termination of the powers of the entire Government.

6. In the event of non-acceptance of the resignation of the Government or of a member thereof, the President of the Republic of Kazakhstan shall entrust to it or to him the further performance of its or his duties.

7. The President of the Republic of Kazakhstan has the right, on his own initiative, to take a decision to terminate the powers of the Government and to dismiss any member thereof from office. The dismissal of the Prime Minister from office entails the termination of the powers of the entire Government.

Article 70

1. Qazaqstan Halyq Kenesi (People's Council of Kazakhstan) is the supreme consultative body expressing the interests of the people of the Republic of Kazakhstan.

2. Qazaqstan Halyq Kenesi is composed of citizens of the Republic of Kazakhstan.

3. The procedure for the establishment of Qazaqstan Halyq Kenesi, the procedure for the formation of its composition, its powers and the organisation of its activity shall be defined by a constitutional law.

Article 71

Qazaqstan Halyq Kenesi:

1) elaborates proposals and recommendations on the main directions of the domestic policy of the State, on strengthening social concord, nationwide unity and solidarity, and on advancing the fundamental principles of the activity of the Republic of Kazakhstan and the nationwide values;

2) submits draft laws to the Kurultay;

3) takes the initiative for the calling of a nationwide referendum;

4) exercises other powers in accordance with a constitutional law.

Article 72

1. The Constitutional Court of the Republic of Kazakhstan is an independent State body that exercises constitutional control and ensures the supremacy of the Constitution of the Republic of Kazakhstan throughout the territory of the country.

2. The Constitutional Court consists of the Chairperson and ten judges. Their term of office is eight years. The same person may not, in accordance with the Constitution, be appointed a judge of the Constitutional Court more than once.

3. The Chairperson of the Constitutional Court is appointed by the President of the Republic of Kazakhstan and, during his term of office, is also a judge of the Constitutional Court. The same person may not, in accordance with the Constitution, be appointed Chairperson of the Constitutional Court more than once.

4. The judges of the Constitutional Court are appointed by the President of the Republic of Kazakhstan with the consent of the Kurultay expressed by a majority of votes of the total number of its deputies. The Deputy Chairperson of the Constitutional Court is appointed by the President of the Republic of Kazakhstan, on the recommendation of the Chairperson of the Constitutional Court, from among the judges of the Constitutional Court.

5. A judge of the Constitutional Court may not at the same time hold a deputy's mandate, hold other paid offices other than in pedagogical, scientific or creative activity, engage in entrepreneurial activity, or be a member of a governing body or of a supervisory council of a commercial organisation.

6. The Chairperson and the judges of the Constitutional Court may not, during their term of office, be detained, save in cases of detention at the scene of a crime or of the commission of grave or particularly grave offences, held in custody, brought before a court, subjected to an administrative penalty imposed by judicial procedure, or brought to criminal liability, without the consent of the President of the Republic of Kazakhstan or of the Kurultay, as the case may be.

7. The organisation and operation of the Constitutional Court are regulated by a constitutional law.

Article 73

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

1) decides, in the event of a dispute, the question of the proper conduct of the elections of the President and of the deputies of the Kurultay and of the holding of a nationwide referendum;

2) considers, prior to their being signed by the President, the conformity of laws adopted by the Kurultay with the Constitution;

3) considers the conformity of resolutions adopted by the Kurultay with the Constitution;

4) considers, prior to their ratification, the conformity of international treaties of the Republic of Kazakhstan with the Constitution;

5) considers the conformity with the Constitution of the implementation of decisions of international organisations and of their bodies;

6) gives an official interpretation of the norms of the Constitution;

7) gives a conclusion in the cases established by paragraphs 2 and 3 of Article 50 of the Constitution.

2. The Constitutional Court considers the application of the President in the case provided for in subparagraph 11) of Article 46 of the Constitution, as well as the application of a court in the case established by Article 79 of the Constitution.

3. The Constitutional Court considers, on the applications of citizens of the Republic of Kazakhstan, the conformity with the Constitution of normative legal acts of the Republic of Kazakhstan that directly concern the rights and freedoms of citizens of the Republic of Kazakhstan provided for by the Constitution. The procedure and conditions for the application of citizens of the Republic of Kazakhstan to the Constitutional Court shall be defined by a constitutional law.

4. The Constitutional Court considers, on the application of the Prosecutor General, the issues referred to in subparagraphs 4), 5) and 6) of paragraph 1 of this Article, as well as the conformity with the Constitution of normative legal acts of the Republic of Kazakhstan.

5. The Constitutional Court considers, on the application of the Commissioner for Human Rights, the conformity with the Constitution of normative legal acts of the Republic of Kazakhstan affecting human and civil rights and freedoms enshrined in the Constitution.

6. The Constitutional Court gives a conclusion in the cases established by 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 the issues referred to in subparagraph 1) of paragraph 1 of Article 73 of the Constitution, the taking of office by the President of the Republic of Kazakhstan, the registration of the elected deputies of the Kurultay, or the issuance of the results of the nationwide referendum, as the case may be, shall be suspended.

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

3. The Constitutional Court shall issue its decision within the time limit established by a constitutional law.

Article 75

1. Laws and international treaties recognised as not conforming to the Constitution shall not be signed or, respectively, ratified, and shall not be put into effect.

2. Laws and other normative legal acts, and individual provisions thereof, recognised as not conforming to the Constitution, including as infringing upon human and civil rights and freedoms enshrined in the Constitution, lose force and shall not be applied as from the date of the decision of the Constitutional Court or as from the date set by it. Laws and other normative legal acts, and individual provisions thereof, recognised as conforming to the Constitution in the interpretation given by the Constitutional Court shall be applied in accordance with that interpretation.

3. The decisions of international organisations and of their bodies, including their individual provisions, the implementation of which the Constitutional Court has recognised as not conforming to the Constitution, shall not be executed.

4. Decisions of the Constitutional Court enter into force from the date of their adoption, are universally binding throughout the territory of the Republic of Kazakhstan, are final and are not subject to appeal.

Article 76

1. In the Republic of Kazakhstan, justice is administered solely by the courts.

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

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

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

Article 77

1. Judicial power is exercised on behalf of the Republic of Kazakhstan and is aimed at the protection of the rights, freedoms and lawful interests of natural persons, citizens and organisations and at ensuring the implementation of the Constitution, the laws, other normative legal acts and the international treaties of the Republic of Kazakhstan.

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

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

Article 78

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

2. Any interference whatsoever in the activity of a court in the administration of justice is inadmissible and entails liability under the law. Judges are not accountable for specific cases.

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

1) no one may be subjected without his consent to a change of the jurisdiction provided for him by law;

2) every person has the right to be heard in court;

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

4) any doubt as to the guilt of a person is interpreted in his favour;

5) evidence obtained by unlawful means has no legal force. No one may be convicted solely on the basis of his own admission of guilt;

6) the application of criminal law by analogy is not permitted.

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

Article 79

The courts are not entitled to apply laws or other normative legal acts that infringe upon human and civil rights and freedoms enshrined in the Constitution. If a court considers that a law or other normative legal act that is to be applied infringes upon human and civil rights and freedoms enshrined in the Constitution, it is obliged to suspend the proceedings and to apply to the Constitutional Court with a submission to recognise such act as unconstitutional.

Article 80

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

2. A judge may not, during the term of his powers, be detained, save in cases of detention at the scene of a crime or of the commission of grave or particularly grave offences, held in custody, brought before a court, subjected to an administrative penalty imposed by judicial procedure, 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 of the Kurultay, as the case may be.

3. The requirements applicable to judges of the courts of the Republic of Kazakhstan shall be defined by a constitutional law.

4. A judge may not at the same time hold a deputy's mandate, hold other paid offices other than in pedagogical, scientific or creative activity, engage in entrepreneurial activity, or be a member of a governing body or of a supervisory council of a commercial organisation.

Article 81

The financing of the courts and the provision of housing to judges are carried out at the expense of the republican budget and must ensure the possibility of the full and independent administration of justice.

Article 82

The Supreme Court is the highest judicial body in civil, administrative, criminal and other cases falling within the jurisdiction of the local and other courts; in the cases provided for by law, it considers cases falling within its own jurisdiction and provides clarifications on issues of judicial practice.

Article 83

1. The Chairperson of the Supreme Court is appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council and, during the term of his powers, is also a judge of the Supreme Court. The term of office of the Chairperson of the Supreme Court is six years. The same person may not, in accordance with the Constitution, be appointed Chairperson of the Supreme Court more than once. The judges of the Supreme Court are elected by the Kurultay, on the proposal of the President of the Republic of Kazakhstan, on the recommendation of the Supreme Judicial Council.

2. The judges of the local and other courts are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council.

3. Within the courts, judicial panels may be formed in accordance with a constitutional law.

4. The Chairperson of the Supreme Judicial Council is appointed by the President of the Republic of Kazakhstan.

5. The status of the Supreme Judicial Council and the procedure for the formation of its composition and the organisation of its work shall be defined by law.

Article 84

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

2. The Prosecutor's Office of the Republic of Kazakhstan forms a unified centralised system; subordinate prosecutors are subordinate to higher prosecutors and to the Prosecutor General. It exercises its powers independently of other State bodies and officials and is accountable only to the President of the Republic of Kazakhstan.

3. The Prosecutor General is appointed by the President of the Republic of Kazakhstan. The term of office of the Prosecutor General is six years. The same person may not, in accordance with the Constitution, be appointed Prosecutor General more than once.

4. The Prosecutor General may not, during the term of his powers, be detained, save in cases of detention at the scene of a crime or of the commission of grave or particularly grave offences, held in custody, brought before a court, subjected to an administrative penalty imposed by judicial procedure, or brought to criminal liability without the consent of the President of the Republic of Kazakhstan.

5. The competence, organisation and procedure of operation of the Prosecutor's Office shall be defined by a constitutional law.

Article 85

1. The Commissioner for Human Rights in the Republic of Kazakhstan facilitates the restoration of human and civil rights and freedoms that have been violated and contributes to the advancement of human and civil rights and freedoms.

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

3. The Commissioner for Human Rights, in the exercise of his powers, is independent and is not accountable to State bodies or officials.

4. The Commissioner for Human Rights may not, during the term of his powers, be detained, save in cases of detention at the scene of a crime or of the commission of grave or particularly grave offences, held in custody, brought before a court, subjected to an administrative penalty imposed by judicial procedure, or brought to criminal liability without the consent of the President of the Republic of Kazakhstan.

5. The legal status of the Commissioner for Human Rights and the organisation of his activity shall be defined by a constitutional law.

Article 86

1. The advocate's profession in the Republic of Kazakhstan facilitates the implementation of the human right to judicial protection and to the receipt of legal assistance, both of which are guaranteed by the State. Legal assistance is rendered by advocates and other persons in accordance with the law.

2. The procedure for the exercise of the activity of an advocate, and the rights, duties and liability of an advocate, shall be defined by law.

Article 87

Local public administration is exercised by local representative and executive bodies that are responsible for the state of affairs in the relevant territory.

Article 88

1. The local representative bodies — the maslikhats — express the will of the population of the relevant administrative-territorial unit and, taking into account nationwide interests, determine the measures necessary for its realisation and supervise their implementation.

2. The maslikhats are elected by the people for a term of five years on the basis of universal, equal and direct suffrage by secret ballot.

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

4. The competence of the maslikhats includes:

1) approving plans, economic and social programmes for the development of the territory, the local budget, and reports on their execution;

2) deciding issues of the local administrative-territorial structure within their jurisdiction;

3) considering reports of heads of local executive bodies on issues referred by law to the competence of the maslikhat;

4) forming standing commissions and other working bodies of the maslikhat, hearing reports on their work, and deciding other issues relating to the organisation of the work of the maslikhat;

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

5. The powers of a maslikhat may be terminated early by the President of the Republic of Kazakhstan after consultations with the Prime Minister and the Chairperson of the Kurultay; they shall also be terminated early in the event that the maslikhat adopts a decision on self-dissolution.

6. The competence, organisation and procedure of operation of the maslikhats, and the legal status of deputies, shall be established by law.

Article 89

1. The local executive bodies form part of the unified system of executive bodies of the Republic of Kazakhstan and ensure the implementation of the nationwide policy of the executive power in harmony with the interests and needs of the development of the relevant territory.

2. The competence of the local executive bodies includes:

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

2) managing communal property;

3) appointing and dismissing heads of local executive bodies, and deciding other issues relating to the organisation of the work of local executive bodies;

4) exercising, in the interests of local public administration, other powers entrusted to local executive bodies by law.

3. A local executive body is headed by the akim (the head of a local executive body) of the relevant administrative-territorial unit, who is the representative of the President and of the Government of the Republic of Kazakhstan.

4. The akims of the capital, oblasts and cities of republican significance are appointed by the President of the Republic of Kazakhstan with the consent of the deputies of, respectively, the maslikhat of the capital, the maslikhats located on the territory of the oblast, or the maslikhat of the city of republican significance. The President of the Republic of Kazakhstan submits not less than two candidates, who are put to a vote. The candidate who receives a majority of votes of the deputies of the maslikhat who took part in the voting shall be deemed to have obtained consent. The akims of other administrative-territorial units are appointed or elected, and dismissed from office, in the manner defined by law. The President of the Republic of Kazakhstan is entitled, at his discretion, to dismiss from office the akims of the capital, of oblasts and of cities of republican significance.

5. The question of a vote of no confidence in an akim may be raised on the initiative of not less than one-fifth of the total number of deputies of a maslikhat. In such a case, the maslikhat is entitled, by a majority of votes of the total number of its deputies, to express its lack of confidence in the akim and to raise the question of his removal from office before the President of the Republic of Kazakhstan in respect of the akims of the capital, of an oblast or of a city of republican significance, or before the higher akim in respect of the akims of other administrative-territorial units. The powers of the akims of the capital, of oblasts and of cities of republican significance shall be terminated upon the taking of office by a newly elected President of the Republic of Kazakhstan.

6. The competence, organisation and procedure of operation of local executive bodies shall be established by law.

Article 90

1. On issues within their competence, the maslikhats adopt decisions, and the akims adopt decisions and orders, which are binding for execution on the territory of the relevant administrative-territorial unit.

2. Draft decisions of a maslikhat providing for the reduction of local budget revenue or the increase of local budget expenditure may be submitted for consideration only with a positive conclusion of the akim.

3. A decision of a maslikhat which does not conform to the Constitution and legislation of the Republic of Kazakhstan may be annulled by judicial procedure.

4. The decisions and orders of the akims may be annulled by, respectively, the Government of the Republic of Kazakhstan or by a higher akim; they may also be annulled by judicial procedure.

Article 91

1. In the Republic of Kazakhstan, local self-government, which ensures the independent resolution by the population of issues of local importance, is recognised.

2. Local self-government is exercised by the population directly, and also through the maslikhats and other local self-government bodies in local communities covering territories with a small population. State functions may be delegated, in accordance with the law, to local self-government bodies.

3. The organisation and operation of local self-government in Kazakhstan are regulated by law.

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

Article 92

1. Amendments and additions to the Constitution of the Republic of Kazakhstan are introduced by a nationwide referendum held on the basis of a decision adopted by the President of the Republic of Kazakhstan on his own initiative or on the initiative of the Kurultay, the Government or Qazaqstan Halyq Kenesi.

2. A nationwide referendum shall be deemed to have taken place if more than half of the citizens of the Republic of Kazakhstan entitled to participate in the nationwide referendum have taken part in the voting.

3. Amendments and additions to the Constitution submitted to a nationwide referendum shall be deemed to have been adopted if more than half of the citizens of the Republic of Kazakhstan who took part in the voting have voted in favour of them in not less than two-thirds of the oblasts, cities of republican significance and the capital.

Article 93

Amendments and additions to the Constitution of the Republic of Kazakhstan shall be submitted to a nationwide referendum where there is a conclusion of the Constitutional Court as to their conformity with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.

Article 94

1. The Constitution of the Republic of Kazakhstan adopted by a republican referendum enters into force on 1 July 2026; from the same moment, the Constitution of the Republic of Kazakhstan adopted earlier ceases to have effect.

2. The day on which the Constitution was adopted by a republican referendum is declared a State holiday — the Day of the Constitution of the Republic of Kazakhstan.

Article 95

1. The Parliament of the Republic of Kazakhstan formed in accordance with the Constitution of the Republic of Kazakhstan of 30 August 1995 shall terminate its powers as from 1 July 2026. Within one month from the date of the entry into force of the Constitution, the President of the Republic of Kazakhstan shall announce the elections to the Kurultay, which shall be held within two months.

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

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 Kurultay of the first convocation. The Chairperson and judges of the Constitutional Court appointed in accordance with the Constitution of the Republic of Kazakhstan of 30 August 1995 shall retain their powers until the new composition of the Constitutional Court has been formed.

4. The Chairpersons and members of the Central Election Commission and of the Supreme Audit Chamber shall be appointed within two months from the date of the opening of the first session of the Kurultay of the first convocation. The Chairpersons and members of the Central Election Commission and of the Supreme Audit Chamber appointed in accordance with the Constitution of the Republic of Kazakhstan of 30 August 1995 shall retain their powers until the new compositions of the Central Election Commission and of the Supreme Audit Chamber have been formed.

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 the entry into force of the Constitution.

6. The judges of the Supreme Court and of the local and other courts, the deputies of the maslikhats and other officials elected (appointed) in accordance with the Constitution of the Republic of Kazakhstan of 30 August 1995 shall retain their powers until those powers are terminated on the grounds provided for by the Constitution and the laws of the Republic of Kazakhstan.

Article 96

1. The laws and other normative legal acts of the Republic of Kazakhstan that are in force on the date of the entry into force of the Constitution shall apply in the part not contrary to the Constitution.

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

3. The normative resolutions of the Constitutional Council and of the Constitutional Court adopted in accordance with the legislation of the Republic of Kazakhstan in force on the date of the entry into force of the Constitution shall retain their legal force in the part not contrary to the Constitution.