strengthening statehood on the ancestral Kazakh land,
preserving the continuity of the thousand-year history of the Great Steppe,
affirming the unitary nature of the State, the inviolability of its borders and territorial integrity,
following the idea of a Just Kazakhstan and the principle of Law and Order,
declaring the strict observance of the rights and freedoms of the individual and the citizen,
relying on the principles of unity and solidarity, interethnic and interfaith harmony,
guided by the values of culture and education, science and innovation,
recognizing the need for the careful treatment of nature,
striving for peace and friendship with all countries,
aware of the high responsibility toward future generations,
adopt this Constitution – the Fundamental Law of the Republic of Kazakhstan.
The Republic of Kazakhstan is a democratic, secular, rule-of-law, and social State. The supreme values of the State are the individual, their life, rights, and freedoms.
The Republic of Kazakhstan shall respect the principles and norms of international law and pursue a foreign policy of peace and cooperation with interested states, non-interference in their internal affairs, and the peaceful settlement of international disputes.
The Republic of Kazakhstan shall have state symbols – the State Flag, the State Emblem, and the State Anthem. Their description and the procedure for their use shall be established by constitutional law.
Citizens of the Republic of Kazakhstan shall have the right to peaceful assembly. The exercise of this right may be restricted by law for the purpose of protecting the foundations of the constitutional system, the rights and freedoms of the individual and citizen, ensuring national security, safeguarding public order, protecting the health of citizens, and public morality.
Payment of legally established taxes, fees, and other obligatory payments shall be the duty and obligation of every person.
Citizens of the Republic of Kazakhstan shall be obliged to preserve historical and cultural heritage and to treat monuments of history and culture with care.
The President of the Republic of Kazakhstan shall:
1) address the people of Kazakhstan with messages on the state of the country and the main directions of the domestic and foreign policy of the Republic of Kazakhstan;
2) with the consent of the Kurultai expressed by a majority vote of the total number of its deputies, appoint the Vice-President of the Republic of Kazakhstan; dismiss the Vice-President from office and determine their powers.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of the Vice-President, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;
3) call regular and extraordinary elections to the Kurultai of the Republic of Kazakhstan; convene the first session of the Kurultai and administer the oath of its deputies to the people of Kazakhstan; convene an extraordinary session of the Kurultai; sign the law submitted by the Kurultai within one month, promulgate the law, or return the law or individual articles thereof for further discussion and voting;
4) after consultation with the factions of political parties represented in the Kurultai, submit to the Kurultai for consent the candidacy of the Prime Minister of the Republic of Kazakhstan; with the consent of the Kurultai expressed by a majority vote of the total number of its deputies, appoint the Prime Minister; dismiss the Prime Minister; upon the proposal of the Prime Minister, determine the structure of the Government; upon the proposal of the Prime Minister submitted after consultation with the Kurultai, appoint members of the Government; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government; administer the oath of members of the Government; preside over meetings of the Government on particularly important matters.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of the Prime Minister, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;
5) appoint and dismiss the Chair of the Constitutional Court, the Chair of the Supreme Court, the Chair of the National Bank, the Prosecutor General, the Chair of the National Security Committee, the Chair of the Central Election Commission, the Chair of the Supreme Audit Chamber, the Chair of the Supreme Judicial Council, the Head of the State Security Service of the Republic of Kazakhstan, and the Human Rights Commissioner of the Republic of Kazakhstan;
6) create, abolish, and reorganize state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan; appoint and dismiss their heads;
7) appoint and recall heads of diplomatic missions of the Republic of Kazakhstan;
8) with the consent of the Kurultai expressed by a majority vote of the total number of its deputies, appoint ten judges of the Constitutional Court for a term of eight years, six members of the Central Election Commission for a term of five years, and eight members of the Supreme Audit Chamber for a term of five years; dismiss them from office.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of a repeated refusal to give consent to the appointment of judges of the Constitutional Court, members of the Central Election Commission, and the Supreme Audit Chamber, except in the cases provided for in paragraph 3 of Article 62 of the Constitution;
9) act as Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan; appoint and dismiss the high command of the Armed Forces;
10) decide on the holding of a republican referendum;
11) in the interests of protecting the rights and freedoms of the individual and citizen of the Republic of Kazakhstan, ensuring national security, sovereignty, and the integrity of the State, apply to the Constitutional Court to review an adopted law or other legal act for its conformity with the Constitution, and to provide an opinion in the case provided for in Article 93 of the Constitution;
12) conduct negotiations and sign international treaties on behalf of the Republic of Kazakhstan; sign instruments of ratification; receive credentials and letters of recall of heads of diplomatic missions of foreign states accredited to the Republic of Kazakhstan, as well as of heads of international organizations;
13) establish state honors and honorary titles;
14) award state honors; confer honorary titles, the highest military and other ranks, class ranks, diplomatic ranks, and qualification classes;
15) decide issues of citizenship of the Republic of Kazakhstan and the granting of political asylum;
16) exercise the power of pardon;
17) if the independence and territorial integrity, internal political stability of the Republic of Kazakhstan, and the security of its citizens are under immediate threat, which has disrupted the functioning of constitutional bodies of state power, after official consultations with the Prime Minister and the Chair of the Kurultai of the Republic of Kazakhstan, take measures dictated by those circumstances, including the introduction of a state of emergency throughout the entire territory of the Republic of Kazakhstan or in certain regions thereof, and the use of the Armed Forces of the Republic of Kazakhstan;
18) in the event of aggression against the Republic of Kazakhstan or of an imminent external threat to its security, declare martial law throughout the entire territory of the Republic of Kazakhstan or in certain regions thereof, declare partial or general mobilization, and immediately inform the Kurultai of the Republic of Kazakhstan;
19) form the State Security Service subordinate to the President;
20) form the Administration of the President of the Republic of Kazakhstan;
21) establish the Security Council and other consultative and advisory bodies, as well as the Supreme Judicial Council;
22) exercise other powers in accordance with the Constitution and laws of the Republic of Kazakhstan.
The Kurultai shall:
1) adopt constitutional law and laws;
2) conduct repeated discussion and voting on laws or articles of a law to which the President of the Republic of Kazakhstan has objected, within one month from the date the objections are submitted. Failure to observe this deadline shall constitute acceptance of the President’s objections. If the Kurultai, by a majority of three-quarters of the total number of deputies with respect to constitutional laws or articles of a constitutional law, and by a majority of two-thirds of the total number of deputies with respect to laws or articles of a law, overrules the objections of the President, the President shall sign the constitutional law or law within one month. If the objections of the President are not overruled, the constitutional law or law shall be deemed not adopted or adopted in the wording proposed by the President;
3) decide issues of war and peace;
4) upon the proposal of the President of the Republic of Kazakhstan, decide on the use of the Armed Forces of the Republic of Kazakhstan to fulfill international obligations for the maintenance of peace and security;
5) call the election of the President of the Republic of Kazakhstan;
6) initiate the holding of a national referendum;
7) give consent, by a majority vote of the total number of deputies of the Kurultai, to the President of the Republic of Kazakhstan for the appointment of the Vice-President of the Republic of Kazakhstan;
8) give consent, by a majority vote of the total number of deputies of the Kurultai, to the President of the Republic of Kazakhstan for the appointment of the Prime Minister of the Republic of Kazakhstan;
9) give consent, by a majority vote of the total number of deputies of the Kurultai, to the appointment by the President of the Republic of Kazakhstan of judges of the Constitutional Court, members of the Central Election Commission, and members of the Supreme Audit Chamber;
10) elect and dismiss, upon the proposal of the President of the Republic of Kazakhstan, judges of the Supreme Court of the Republic of Kazakhstan and administer their oath;
11) deprive judges of the Constitutional Court and judges of the Supreme Court of immunity;
12) terminate the powers of a deputy of the Kurultai and, upon the submission of the Prosecutor General of the Republic of Kazakhstan, decide issues concerning deprivation of a deputy of the Kurultai of immunity;
13) express, on the initiative of not less than one-fifth of the total number of deputies of the Kurultai and by a majority vote of the total number of deputies, a vote of no confidence in the Government;
14) hear the annual messages of the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;
15) hear twice a year the report of the Chair of the Supreme Audit Chamber;
16) discuss and approve the reports of the Government and of the Supreme Audit Chamber on the execution of the republican budget. Failure to approve the report of the Government on the execution of the republican budget shall mean expression of a vote of no confidence in the Government;
17) hear, on the initiative of not less than one-third of the total number of deputies of the Kurultai, reports of members of the Government of the Republic of Kazakhstan on matters of their activities and, based on the results of such hearing and by a majority of not less than two-thirds of the total number of deputies of the Kurultai, adopt a decision to appeal to the President of the Republic of Kazakhstan for the dismissal of a member of the Government in the event of failure to comply with the laws of the Republic of Kazakhstan. In such case, the President of the Republic of Kazakhstan shall dismiss the member of the Government;
18) conduct hearings on matters within its competence;
19) adopt its Rules of Procedure and other decisions concerning the organization and internal order of the Kurultai;
20) form coordinating and working bodies of the Kurultai;
21) establish commissions of the Kurultai, elect and dismiss their chairs, and hear reports on the activities of the commissions;
22) exercise other powers assigned to the Kurultai by the Constitution.
1. The President of the Republic of Kazakhstan, deputies of the Kurultai, and the Government shall have the right of legislative initiative, which shall be exercised exclusively in the Kurultai.
2. The President of the Republic of Kazakhstan shall have the right to determine the priority for consideration of bills. In such case, the bill shall be adopted as a matter of urgency within two months.
3. The Kurultai shall have the right to adopt laws regulating the most important public relations and establishing fundamental principles and norms relating to:
1) the legal capacity of individuals and legal entities, civil rights and freedoms, duties and liability of individuals and legal entities;
2) the system of ownership and other property rights;
3) the fundamentals of the organization and activities of state bodies and local self-government bodies, as well as public and military service;
4) taxation, the establishment or abolition of fees and other mandatory payments;
5) the republican budget, issues of state loans, and the provision by the Republic of Kazakhstan of economic and other assistance;
6) issues of the judicial system and judicial proceedings;
7) issues of amnesty;
8) education, science, culture, health care and social security;
9) privatization of enterprises and their property;
10) environmental protection;
11) the administrative and territorial structure of the Republic of Kazakhstan;
12) ensuring the defense and security of the State;
13) the state symbols of the Republic of Kazakhstan;
14) ratification and denunciation of international treaties;
15) state awards and honorary titles;
16) other issues in accordance with the Constitution.
4. Bills introduced by the Government of the Republic of Kazakhstan in order to respond immediately to circumstances threatening the life and health of the population, the constitutional order, public order, or the economic security of the country shall be considered by the Kurultai without delay.
In cases where bills are submitted to the Kurultai in accordance with the first paragraph of this clause, the Government of the Republic shall have the right to issue, on its own authority, temporary normative legal acts having the force of law on the matters specified therein. Such acts shall remain in force until the relevant laws adopted by the Kurultai enter into force or until the Kurultai rejects the bills.
5. A law adopted by the Kurultai shall be submitted to the President of the Republic of Kazakhstan for signature within ten days.
The Kurultai shall have the right to reject a bill in its entirety by a majority vote of the total number of its deputies. A rejected bill shall be deemed not adopted and shall be returned to the initiator.
6. Bills providing for a decrease in state revenues or an increase in state expenditures may be submitted only upon a positive conclusion of the Government of the Republic of Kazakhstan. Such a conclusion shall not be required in the case of bills considered by the Kurultai on the legislative initiative of the President of the Republic of Kazakhstan.
7. If a bill submitted by the Government is not adopted, the Prime Minister shall have the right to raise the issue of confidence in the Government at a session of the Kurultai. A vote on this issue shall be held no earlier than forty-eight hours after the motion has been introduced. If the motion of confidence is not supported by a majority of the total number of deputies of the Kurultai, the bill shall be deemed adopted without a vote. However, the Government may not exercise this right more than twice in one year.
The Government:
1) shall develop the main directions of the social and economic policy of the State, its defense capability and security, ensure public order, and organize their implementation;
2) shall submit the republican budget and a report on its execution to the Kurultai and ensure execution of the budget;
3) shall submit draft laws to the Kurultai and ensure implementation of laws;
4) shall organize management of state property;
5) shall develop measures for implementation of the foreign policy of the Republic of Kazakhstan;
6) shall direct the activity of ministries and other central and local executive bodies;
7) shall cancel or suspend, fully or in part, acts of ministries and other central and local executive bodies of the Republic of Kazakhstan;
8) in agreement with the President of the Republic of Kazakhstan, shall approve a unified system of financing and remuneration of employees of all bodies maintained at the expense of the state budget;
9) shall perform other functions assigned to it by the Constitution, laws, and acts of the President of the Republic of Kazakhstan.
The Prime Minister of the Republic of Kazakhstan:
1) shall organize and direct the activity of the Government and shall bear personal responsibility for its work;
2) shall sign resolutions of the Government;
3) shall report to the President and the Kurultai on the main directions of the Government’s activities and its most important decisions;
4) shall perform other functions related to the organization and direction of the Government’s activities.
Kazakhstan Halyk Kenesi:
1) shall develop proposals and recommendations on the main directions of the domestic policy of the State, strengthening public accord, national unity and solidarity, and promoting the fundamental principles of the activities of the Republic of Kazakhstan and national values;
2) shall submit draft laws to the Kurultai;
3) shall initiate the holding of a national referendum;
4) shall exercise other powers in accordance with constitutional law.
1. A judge, in the administration of justice, shall be independent and subject only to the Constitution and the law.
2. Any interference in the activity of a court in the administration of justice shall be inadmissible and shall entail liability under the law. Judges shall not be accountable in specific cases.
3. In administering justice, a judge shall be guided by the following principles:
1) no one may have the jurisdiction provided by law changed without their consent;
2) in court, everyone shall have the right to be heard;
3) the accused shall not be obliged to prove their innocence;
4) any doubts about the guilt of a person shall be interpreted in favor of the accused;
5) evidence obtained unlawfully shall have no legal force. No one may be convicted solely on the basis of their own confession;
6) application of criminal law by analogy shall not be permitted.
4. The principles of justice established by the Constitution shall be common and uniform for all courts and judges of the Republic of Kazakhstan.
Courts shall not have the right to apply laws or other normative legal acts that infringe upon the rights and freedoms of individuals and citizens enshrined in the Constitution.
If a court determines that a law or other normative legal act subject to application infringes upon the rights and freedoms of individuals and citizens enshrined in the Constitution, it shall suspend proceedings and apply to the Constitutional Court with a submission requesting recognition of such act as unconstitutional.
Financing of courts and provision of housing to judges shall be carried out at the expense of the republican budget and shall ensure the full and independent administration of justice.
The Supreme Court shall be the highest judicial body on civil, administrative, criminal and other cases within the jurisdiction of local and other courts. In cases stipulated by law, it shall consider cases within its jurisdiction and provide explanations on issues of judicial practice.
Local state administration shall be exercised by local representative and executive bodies, which shall be responsible for the state of affairs within the respective territory.
Amendments and additions to the Constitution of the Republic of Kazakhstan shall be submitted to a national referendum upon the conclusion of the Constitutional Court confirming their compliance with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.