
We, the united people of Kazakhstan, strengthening our statehood on the native Kazakh land, preserving the continuity of the millennia-old history of the Great Steppe, affirming the unitary nature of the State, the inviolability of its borders and territorial integrity, guided by the idea of a Just Kazakhstan and the principle of Law and Order, declaring our unwavering commitment to the observance of human and civil rights and freedoms, upholding the principles of unity and solidarity, interethnic and interfaith harmony, guided by the values of culture and education, science and innovation, recognizing the necessity of a careful and responsible attitude toward nature, striving for peace and friendship with all nations, aware of the high responsibility before future generations, adopt this Constitution - the Fundamental Law of the Republic of Kazakhstan.
The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state, the supreme values of which are the individual, his or her life, rights and freedoms.
The Republic of Kazakhstan shall respect the principles and norms of international law and shall pursue a policy of peace and cooperation with interested states, non-interference in their internal affairs, and the peaceful settlement of international disputes.
The Republic of Kazakhstan shall have state symbols - the State Flag, the State Emblem, and the State Anthem. Their description and the procedure for their use shall be established by the constitutional law.
Citizens of the Republic of Kazakhstan shall have the right to peaceful assembly. The exercise of this right may be restricted by the law for the purposes of protecting the foundations of the constitutional order, the rights and freedoms of individuals and citizens, ensuring national security, maintaining public order, safeguarding public health, and upholding public morality.
The payment of lawfully established taxes, fees, and other mandatory charges shall be the duty and obligation of every person.
Citizens of the Republic of Kazakhstan shall be obliged to safeguard the historical and cultural heritage and to treat monuments of history and culture with care.
The President of the Republic of Kazakhstan shall:
1) address messages to the people of Kazakhstan on the state of the country and on the principal directions of the domestic and foreign policy of the Republic of Kazakhstan;
2) with the consent of the Kurultai, expressed by a majority of the total number of its deputies, appoint the Vice President of the Republic of Kazakhstan; dismiss the Vice President; and determine his or her powers.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the Vice President, except in cases provided for in paragraph 3 of Article 62 of the Constitution;
3) call regular and extraordinary elections to the Kurultai of the Republic of Kazakhstan; convene the first session of the Kurultai and administer the oath of its deputies to the people of Kazakhstan; convene extraordinary sessions of the Kurultai; sign laws submitted by the Kurultai within one month, promulgate such laws, or return a law or its individual provisions for reconsideration and a new vote;
4) after consultations with the factions of political parties represented in the Kurultai, submit to the Kurultai a candidate for Prime Minister of the Republic of Kazakhstan for consent; with the consent of the Kurultai, expressed by a majority of the total number of its deputies, appoint the Prime Minister; dismiss the Prime Minister; determine the structure of the Government upon the proposal of the Prime Minister; appoint members of the Government upon the proposal of the Prime Minister, submitted after consultations with the Kurultai; independently appoint the Ministers of Foreign Affairs, Defense, and Internal Affairs; dismiss members of the Government; administer the oath of members of the Government; and preside over meetings of the Government on matters of special importance.
The President of the Republic of Kazakhstan shall have the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the Prime Minister, except in cases provided for in paragraph 3 of Article 62 of the Constitution;
5) appoint to and dismiss from office the Chairperson of the Constitutional Court, the Chairperson of the Supreme Court, the Chairperson of the National Bank, the Prosecutor General, the Chairperson of the National Security Committee, the Chairperson of the Central Election Commission, the Chairperson of the Supreme Audit Chamber, the Chairperson of the Supreme Judicial Council, the Head of the State Protection Service of the Republic of Kazakhstan, and the Commissioner for Human Rights in the Republic of Kazakhstan;
6) establish, abolish, and re-organize state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, and appoint and dismiss their heads;
7) appoint and recall the heads of diplomatic missions of the Republic of Kazakhstan;
8) with the consent of the Kurultai, expressed by a majority of the total number of its deputies, appoint ten judges of the Constitutional Court for a term of eight years, six members of the Central Election Commission for a term of five years, and eight members of the Supreme Audit Chamber for a term of five years; and dismiss them from office.
The President of the Republic of Kazakhstan has the right to dissolve the Kurultai in the event of its repeated refusal to grant consent to the appointment of the judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber, except in cases provided for in paragraph 3 of Article 62 of the Constitution;
9) serve as the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, and appoint and dismiss the senior command of the Armed Forces;
10) decide on the conduct of a nationwide referendum;
11) in the interest of protecting the rights and freedoms of individuals and citizens of the Republic of Kazakhstan, ensuring national security, sovereignty, and the territorial integrity of the State, submit petitions to the Constitutional Court for the review of laws or other normative legal acts that have entered into force for their conformity with the Constitution, and seek opinions in cases provided for in Article 93 of the Constitution;
12) conduct negotiations and sign international treaties on behalf of the Republic of Kazakhstan; sign instruments of ratification; receive letters of credence and recall from heads of diplomatic missions of foreign states accredited to the Republic of Kazakhstan, as well as from heads of international organizations;
13) establish state awards and honorary titles;
14) confer state awards, honorary titles, the highest military and other ranks, class ranks, diplomatic ranks, and qualification classes;
15) resolve matters of citizenship of the Republic of Kazakhstan and the granting of political asylum;
16) exercise the power of pardon;
17) in the event that the Independence and territorial integrity of the Republic of Kazakhstan, its internal political stability, or the security of its citizens are under immediate threat, resulting in a disruption of the functioning of constitutional state bodies, the President of the Republic of Kazakhstan, after official consultations with the Prime Minister and the Chairperson of the Kurultai, shall take measures dictated by such circumstances, including the introduction of a state of emergency throughout the territory of the Republic of Kazakhstan or in certain localities thereof, and the deployment of the Armed Forces of the Republic of Kazakhstan;
18) in the event of aggression against the Republic of Kazakhstan or an immediate external threat to its security, the President shall introduce martial law throughout the territory of the Republic of Kazakhstan or in certain localities thereof, declare partial or general mobilization, and shall immediately inform the Kurultai of the Republic of Kazakhstan thereof;
19) form a State Protection Service subordinate to him or her;
20) form the Administration of the President of the Republic of Kazakhstan;
21) establish the Security Council, other advisory and consultative bodies, as well as the Supreme Judicial Council;
22) exercise other powers in accordance with the Constitution and the laws of the Republic of Kazakhstan.
The Kurultai shall:
1) adopt constitutional laws and laws;
2) reconsider and vote anew, within one month from the date of submission, on laws or provisions thereof to which the President of the Republic of Kazakhstan has objected. Failure to comply with this deadline means acceptance of the President's objections. If the Kurultai, by a majority of three-fourths of the total number of its deputies in respect of constitutional laws or provisions thereof, and by a majority of two-thirds of the total number of its deputies in respect of laws or provisions thereof, overrides the President’s objections, the President shall sign the constitutional law or law within one month. If the President’s objections are not overridden, the constitutional law or law shall be deemed not adopted or adopted in the wording proposed by the President;
3) decide questions of war and peace;
4) upon the proposal of the President of the Republic of Kazakhstan, adopt decisions on the use of the Armed Forces of the Republic of Kazakhstan for the fulfillment of international obligations to maintain peace and security;
5) call elections of the President of the Republic of Kazakhstan;
6) initiate the calling of a nationwide referendum;
7) by a majority of the total number of its deputies, grant consent to the President of the Republic of Kazakhstan for the appointment of the Vice President of the Republic of Kazakhstan;
8) by a majority of the total number of its deputies, grant consent to the President of the Republic of Kazakhstan for the appointment of the Prime Minister of the Republic of Kazakhstan;
9) by a majority of the total number of its deputies, grant consent to appointments by the President of the Republic of Kazakhstan of judges of the Constitutional Court, members of the Central Election Commission, and members of the Supreme Audit Chamber;
10) elect and dismiss, upon the proposal of the President of the Republic of Kazakhstan, judges of the Supreme Court of the Republic of Kazakhstan, and administer their oath;
11) lift the immunity of judges of the Constitutional Court and judges of the Supreme Court;
12) terminate the powers of a deputy of the Kurultai and, upon the submission of the Prosecutor General of the Republic of Kazakhstan, decide matters concerning the lifting of a deputy’s immunity;
13) upon the initiative of not less than one-fifth of the total number of its deputies, express a vote of no confidence in the Government by a majority of the total number of its deputies;
14) hear the annual messages of the Constitutional Court on the state of constitutional legality in the Republic of Kazakhstan;
15) hear twice a year the report of the Chairperson of the Supreme Audit Chamber;
16) consider and approve the reports of the Government and of the Supreme Audit Chamber on the execution of the republican budget. The failure of the Kurultai to approve the Government’s report on the execution of the republican budget shall constitute a vote of no confidence in the Government;
17) upon the initiative of not less than one-third of the total number of its deputies, hear reports of members of the Government of the Republic of Kazakhstan on matters within their competence. Following such hearing, the Kurultai, by a majority of not less than two-thirds of the total number of its deputies, may adopt a decision to petition the President of the Republic of Kazakhstan to dismiss a member of the Government for failure to execute the laws of the Republic of Kazakhstan. In such case, the President shall dismiss the member of the Government;
18) conduct hearings on matters within its competence;
19) adopt its rules of procedure and other decisions concerning the organization and internal order of the Kurultai;
20) form coordinating and working bodies of the Kurultai;
21) establish committees of the Kurultai, elect and dismiss their chairpersons, and hear reports on their activities;
22) exercise other powers vested in the Kurultai by the Constitution.
The Government shall:
1) develop the principal directions of the socio-economic policy of the State, its defense capability, security, and the maintenance of public order, and organize their implementation;
2) submit the republican budget to the Kurultai and report on its execution, and ensure the execution of the budget;
3) introduce draft laws into the Kurultai and ensure the implementation of laws;
4) organize the management of state property;
5) formulate measures for the conduct of the foreign policy of the Republic of Kazakhstan;
6) direct the activities of ministries and other central and local executive bodies;
7) repeal or suspend, in whole or in part, acts of ministries and other central and local executive bodies of the Republic of Kazakhstan;
8) with the consent of the President of the Republic of Kazakhstan, approve a unified system of financing and remuneration for employees of all the bodies funded from the state budget;
9) perform other functions assigned to it by the Constitution, laws, and acts of the President of the Republic of Kazakhstan.
The Prime Minister of the Republic of Kazakhstan shall:
1) organize and direct the activities of the Government and bear personal responsibility for its work;
2) sign resolutions of the Government;
3) report to the President and to the Kurultai on the principal directions of the Government’s activities and on its most significant decisions;
4) perform other functions related to the organization and direction of the activities of the Government.
The Kazakhstan People’s Council shall:
1) develop proposals and recommendations on the principal directions of the domestic policy of the State, the strengthening of social harmony, national unity and solidarity, and the promotion of the fundamental principles of the activity of the Republic of Kazakhstan and nationwide values;
2) submit draft laws to the Kurultai;
3) initiate the calling of a nationwide referendum;
4) exercise other powers in accordance with constitutional law.
Courts shall not have the right to apply laws and other normative legal acts that infringe upon the rights and freedoms of individuals and citizens as enshrined in the Constitution.
If a court determines that a law or other normative legal act subject to application infringes upon the rights and freedoms of individuals and citizens as enshrined in the Constitution, it shall suspend proceedings in the case and apply to the Constitutional Court with a submission to declare such act unconstitutional.
The financing of courts and the provision of housing to judges shall be carried out at the expense of the republican budget and shall ensure the possibility of the full and independent administration of justice.
The Supreme Court shall be the highest judicial body for civil, administrative, criminal, and other cases within the jurisdiction of local and other courts and, in cases provided by the law, shall consider cases within its jurisdiction and provide explanations on matters of judicial practice.
Local public administration shall be carried out by local representative and executive bodies, which shall be responsible for the state of affairs within the respective territory.
Amendments and additions to the Constitution of the Republic of Kazakhstan shall be submitted to a national referendum subject to the availability of a conclusion of the Constitutional Court confirming their compliance with the requirements of paragraph 7 of Article 2 and paragraph 5 of Article 43 of the Constitution.