Draft law of the Republic of Kazakhstan "on amendments and additions to the Constitution of the Republic of Kazakhstan"
DECREE OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
On holding a republican referendum on June 5, 2022
In accordance with paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan and Article 18 of the Constitutional Law of the Republic of Kazakhstan "on the Republican referendum", I hereby decree:
Hold a republican referendum on June 5, 2022.
"Do you accept amendments and additions to the Constitution of the Republic of Kazakhstan set out in the draft law of the Republic of Kazakhstan "" on amendments and additions to the Constitution of the Republic of Kazakhstan "" published in the mass media on May 6, 2022?""and submit it to the republican referendum.
This decree and the draft law of the Republic of Kazakhstan "on amendments and additions to the Constitution of the Republic of Kazakhstan" should be officially published in the mass media on May 6, 2022.
The organization and conduct of the republican referendum is entrusted to the Central Election Commission, which serves as the Central Commission of the referendum, as well as to the territorial and precinct election commissions, which serve as the territorial and Precinct commissions of the referendum.
The Government of the Republic of Kazakhstan, together with the Central Election Commission of the Republic of Kazakhstan, other central state bodies and local executive bodies of the Republic of Kazakhstan, takes the necessary measures to organize and hold the republican referendum-
criticism.
This decree comes into force from the date of its publication.
President Of The Republic Of Kazakhstan
K. TOKAYEV
Nur-Sultan, Akorda, May 5, 2022
№ 888
Project
Law of the Republic of Kazakhstan "on amendments and additions to the Constitution of the Republic of Kazakhstan"
Article 1. To make the following amendments and additions to the Constitution of the Republic of Kazakhstan, adopted at the republican referendum on August 30, 1995:
In Paragraph 1 of Article 4, replace the word "Council" with the word "Court".
Paragraph 3 of Article 6 should read as follows:
"3.the land and its subsoil, water sources, flora and fauna, and other natural resources belong to the population. Property rights on behalf of the people are exercised by the state. Land may also be privately owned on the grounds, conditions and within the limits established by law.».
Paragraph 2 of Article 15 should read as follows:
"2.No one has the right to arbitrarily deprive a person of life. The death penalty is prohibited.».
Paragraph 2 of Article 23 should read as follows:
"2. the chairman of the Constitutional Court, the Supreme Court and other courts of the Republic
judges, chairmen and members of the Central Election Commission, the Supreme Audit Chamber, military personnel, employees of national security agencies, law enforcement agencies should not be in political parties, trade unions, or speak in support of any political party.».
Paragraph 1 of Article 24 should read as follows:
"1.Everyone has the right to freedom of work, free choice of activity and profession. Forced labor is allowed only on the basis of a judicial act on recognition of guilt for committing a criminal or administrative offense, or in a state of emergency or martial law.».
Article 42:
1) Paragraph 2 should read as follows:
"2.The Oath is taken on the second Wednesday of January in a solemn atmosphere with the participation of Deputies of the parliament, judges of the Constitutional Court, the Supreme Court, as well as ex-presidents of the Republic. In the case provided for in Article 48 of the Constitution, a person who has assumed the powers of the president of the Republic of Kazakhstan takes the oath of office within one month from the date of assuming the powers of the president of the Republic.»;
2) delete the second part of Paragraph 5.
Article 43 should be supplemented by paragraphs 3 and 4 as follows:
"3.the president of the Republic of Kazakhstan may not be in a political party during the exercise of his / her powers.
Close relatives of the president of the Republic of Kazakhstan do not have the right to hold the positions of political civil servants, heads of quasi-public sector entities.».
Article 44:
1) replace the words "Senate of the Parliament" in subitem 2) with the word "Parliament;
2) delete the words of subparagraph 3) "cancels or suspends in whole or in part the validity of acts of akims of Regions, Cities of Republican significance and the capital;" ;
3) subparagraph 4) should read as follows:
"4) appoints, with the consent of the Senate of the Parliament, the chairman of the Constitutional Court of the Republic of Kazakhstan, the chairman of the National Bank, the chairman of the Supreme Judicial Council, the Prosecutor General and the chairman of the National Security Committee; dismisses them;";
4) in subitem 7), replace the words "Accounting Committee for monitoring the implementation of the Republican budget" with the words "higher Audit Chamber;
5) in subitem 10-1), replace the word "to the council" with the word "to the court" ;
6) in subparagraph 19), replace the word "Secretary" with the word "adviser".
Paragraph 4 of Article 46 should be deleted.
Article 47:
1) in Paragraph 1, replace the word "Council" with the word "Court" ;
2) in Paragraph 2, replace the word "Council" with the word "Court".
Article 50:
1) the second sentence of Paragraph 2 should read as follows:
"Ten deputies of the Senate, including five, are appointed by the president of the Republic on the proposal of the assembly of people of Kazakhstan.»;
2) Paragraph 3 should read as follows:
"3. the Mazhilis consists of ninety-eight deputies elected in accordance with the procedure established by the constitutional law by a mixed electoral system: by the system of proportional representation on the territory of a single national electoral district, as well as by Burmese territorial electoral districts.».
Paragraph 1 of Article 51 should read as follows:
"1.election of Deputies of the Mazhilis is carried out by secret ballot on the basis of universal, equal and direct suffrage. Regular elections of Deputies of the Mazhilis are held not later than two months before the end of the term of office of the current election of the Parliament.».
Part three of Paragraph 5 of Article 52 should read as follows:
"Deputy of the Mazhilis of the parliament:
1) a deputy is excluded or excluded from the political party from which he was elected on the basis of a party list in accordance with constitutional law;
2) termination of the activity of a political party that elected a deputy on the basis of a party list in accordance with the constitutional law;
3) a deputy elected in a single-mandate territorial electoral district is deprived of his / her mandate when recalled by voters in accordance with the procedure determined by the constitutional law.».
Article 53:
1) add sub-items 1-1) and 1-2) to read as follows:
"1-1) adopt constitutional laws;
1-2) within one month from the date of sending objections on constitutional laws or articles of the constitutional law that have caused objections from the president of the Republic. Failure to comply with this deadline means that the President's objections are accepted. If the Parliament overcomes the President's objections by a majority of three-quarters of the total number of Deputies of each chamber, the president signs the constitutional law within one month. If the President's objections are not overcome, the constitutional law is considered rejected or adopted in the version proposed by the President;";
2) in subitem 2), replace the words "Accounting Committee for control over execution of the Republican budget" with the words "higher Audit Chamber;
3) in subparagraph 6), replace the word "Council" with the word "Court".
Article 54:
1) the first paragraph of Paragraph 1 should read as follows:
"1. the Parliament shall adopt laws at a separate session of the chambers by successive consideration of issues first in the Mazhilis and then in the Senate, including:";
2) subitem 2) of Item 2 should read as follows:
"2) repeated discussion and voting within one month from the date of sending objections on laws or articles of the law that have caused objections from the president of the Republic. Failure to comply with this deadline means that the President's objections are accepted. If the Mazhilis and the Senate overcome the President's objections by a two-thirds majority of the total number of Deputies of each chamber, the president signs the law within one month. If the President's objection is not overcome by at least one of the chambers, the law is considered rejected or adopted in the version proposed by the President;".
Article 55:
1) subitem 2) should read as follows:
"2) consent to the appointment by the president of the Republic of the chairman of the Constitutional Court of the Republic, the chairman of the National Bank, the chairman of the Supreme Judicial Council, the prosecutor general, the chairman of the National Security Committee;";
2) subitem 3) after the word "judges" should be supplemented with the words "Commissioner for Human Rights in the Republic of Kazakhstan".
In Paragraph 1 of Article 56:
1) delete the words "and consideration of these projects" in subitem 1) ;
2) Add subparagraph 3-1) to read as follows:
"3-1) hearing the report of the chairman of the higher Audit Chamber twice a year;".
Subparagraph 1) of Article 57 should read as follows:
"1) appoints three judges of the Constitutional Court; appoints two members of the Central Election Commission and three members of the Supreme Audit Chamber for a term of five years;".
Subitem 7) of Item 3 of Article 58 should read as follows:
"7) submit to the chambers candidates for appointment to the positions of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber;".
Article 61:
1) add the second part of Paragraph 2 to read as follows:
"In order to respond promptly to situations that pose a threat to the life and health of the population, the constitutional order, the protection of Public Order, economic security of the country, the bills introduced by the legislative initiative of the Government of the Republic are subject to immediate consideration by the Parliament at a joint session of the chambers.»;
2) add the third part of Paragraph 3 to read as follows:
"If the Bills provided for in the second part of Paragraph 2 of this article are submitted to the Parliament, the Government of the Republic has the right under its responsibility to adopt temporary normative legal acts that have the force of law on the issues specified in the first part of this paragraph, which are valid until the laws adopted by the Parliament come into force or until the laws are adopted by the Parliament.»;
3) paragraphs 4 and 5 should read as follows:
"4.the law adopted by a majority vote of the total number of Deputies of the Mazhilis is submitted to the Senate, where it is considered for no more than sixty days.
The Mazhilis has the right to reject the draft law as a whole by a majority vote of the total number of Deputies. The rejected draft law is considered rejected and returned to the initiator.
The law, approved by a majority vote of the total number of Deputies of the Senate, is submitted for signature by the president within ten days. If the Senate does not approve the law as a whole or its individual articles, the law is returned to the Mazhilis. At the same time, the Senate has the right to submit to the Mazhilis an edition of certain articles of the law.
If the Senate does not make a corresponding decision within sixty days, the law is submitted for signature by the President.
If the Mazhilis agrees by a majority vote of the total number of Deputies to the version proposed by the Senate of certain articles of the law, the Mazhilis is considered to have adopted the new version of the law and approved by the Senate and submitted for signature by the president within ten days.
Article 62:
1) Paragraph 5 should read as follows:
"5. laws are adopted by the Mazhilis and approved by the Senate by a majority vote of the total number of Deputies of the chambers, unless otherwise provided by the Constitution.
Resolutions of the Parliament and its chambers are adopted by a majority vote of the total number of Deputies of the chamber, unless otherwise provided by the Constitution.»;
2) Paragraph 6 after the word "on" should be supplemented with the words "on draft constitutional laws".
Replace the word "Council" in the title of Section VI with the word "Court".
Article 71 should read as follows:
"Article 71
The Constitutional Court of the Republic of Kazakhstan consists of eleven judges, including the chairman, whose powers last for six years.
The same person may not be appointed a judge of the Constitutional Court more than twice in a row.
The chairman of the Constitutional Court is appointed by the president of the Republic with the consent of the Senate of the Parliament.
Four judges of the Constitutional Court – the president of the Republic, three or three judges of the Constitutional Court-are appointed by the Senate and Mazhilis, respectively.
The president of the Republic, on the recommendation of the chairman of the Constitutional Court, appoints the deputy chairman of the Constitutional Court from among the judges of the Constitutional Court.
The activity of a judge of the Constitutional Court is incompatible with a deputy's mandate, the performance of other paid functions, except for teaching, scientific or other creative activities, the implementation of business activities, membership in the governing body or supervisory council of a commercial organization.
Judges of the Constitutional Court may not be arrested during the term of their powers, brought to criminal responsibility without the consent of the Parliament, except in cases when they are detained at the scene of a crime or commit serious crimes.
The organization and activities of the Constitutional Court are regulated by the constitutional law.».
Article 72:
1) replace the word "Council" in Paragraphs 1 and 2 with the word" Court;
2) Add paragraphs 3, 4 and 5 to read as follows:
"3.the Constitutional Court considers at its request normative legal acts of the Republic of Kazakhstan that directly affect the rights and freedoms enshrined in the Constitution of Citizens for compliance with the Constitution of the Republic.
The procedure and conditions for citizens to apply to the Constitutional Court are determined by the constitutional law.
The Constitutional Court considers the issues specified in subitems 3) and 4) of Item 1 of this article, as well as the compliance of normative legal acts of the Republic of Kazakhstan with the Constitution of the Republic at the request of the prosecutor general of the Republic.
The Constitutional Court considers compliance with the Constitution of the Republic of normative legal acts affecting the rights and freedoms of a person and citizen enshrined in the Constitution at the request of the Commissioner for Human Rights.».
Article 73:
1) replace the word "to the Council" in Paragraphs 1 and 2 with the word "to the court;
2) Paragraph 3 should read as follows:
"3.the Constitutional Court makes its decision within the time limits established by the constitutional law.».
Article 74:
1) Paragraph 2 should read as follows:
"2. laws and other legal acts, their separate provisions recognized as unconstitutional, including those that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution, shall be annulled and shall not be subject to application from the date of making a decision or established by the Constitutional Court.»;
2) in paragraph 3, replace the word "Council" with the word "Court".
The title of Section VII should read as follows:
"Section VII
Courts and Justice. Prosecutor's office. Commissioner for Human Rights".
In Article 78, replace the word "to the council" with the word "to the court".
Paragraphs 4 and 5 of Article 82 should read as follows:
"4.the chairman of the Supreme Judicial Council is appointed by the president of the Republic with the consent of the Senate of the Parliament.
The status, procedure for forming the composition and organization of the work of the Supreme Judicial Council are determined by law.».
In paragraph 4 of Article 83, the words "by law" are accompanied by the words "by constitutional law
"no," I said.
Add article 83-1 to read as follows:
"Article 83-1
The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the promotion of human and civil rights and freedoms.
The Commissioner for Human Rights is independent in the exercise of his powers and is not accountable to state bodies and officials.
The Commissioner for Human Rights may not be arrested, coerced, imposed administrative penalties imposed on him in court, or brought to criminal responsibility without the consent of the Senate, except in cases of detention at the scene of a crime or committing serious crimes during the term of his powers.
The legal status and organization of the activities of the Commissioner for human rights are determined by the constitutional law.».
Article 87:
1) Paragraph 4 should read as follows:
"4. akims of Regions, Cities of Republican significance and the capital are appointed by the president of the Republic with the consent of Deputies of maslikhats located on the territory of the region or Deputies of maslikhats of cities of Republican significance and the capital, respectively.
The president of the Republic shall nominate at least two candidates for whom the vote will be held. A candidate who has received the largest number of votes of Deputies of the maslikhat who took part in the voting is considered to have received their consent.
Mayors of other administrative-territorial units are appointed or elected to office, as well as dismissed in accordance with the procedure determined by law. The president of the Republic has the right to dismiss akims of Regions, Cities of Republican significance and the capital at his own discretion.»;
2) the second sentence of Paragraph 5 should read as follows:
"In this case, the maslikhat, by a majority vote of the total number of its deputies, has the right to express a vote of no confidence in the mayor and raise the issue of his dismissal before the president of the Republic or a higher Akim in relation to the mayors of Regions, Cities of Republican significance and the capital, respectively, in relation to the mayors of other administrative-territorial units.».
In paragraph 4 of Article 88, the word "President" should be deleted.
Article 91:
1) Paragraph 2 should read as follows:
"2.the independence of the state, the unity and territorial integrity of the Republic, the form of its administration, and the fundamental principles of the Republic's activities established by the Constitution remain unchanged.»;
2) in paragraph 3, replace the word "Council" with the word "Court".
Add Article 99 to read as follows:
"Article 99
Prior to the establishment of the Constitutional Court and the Supreme Audit Chamber, the chairmen and members of the Constitutional Council and the Accounts Committee for monitoring the implementation of the Republican budget retain their powers.
Prior to the establishment of the Constitutional Court, the functions of the Constitutional Court provided for in Paragraphs 1 and 2 of Article 72 of the Constitution are performed by the Constitutional Council.
Normative resolutions of the Constitutional Council are valid to the extent that they do not contradict the Constitution until they are reviewed by the Constitutional Court.
The provisions of the Constitution of the Republic of Kazakhstan on the formation of Chambers of the Parliament are valid from the moment of election of Deputies of the Mazhilis of the Parliament of the eighth convocation.».
Article 2.
The provisions of the Constitution of the Republic of Kazakhstan, which determine the procedure for adopting constitutional laws and laws, as well as the activities of the Constitutional Court, will enter into force on January 1, 2023.
Draft laws approved by the Mazhilis and considered by the Parliament as of January 1, 2023 are considered laws and are considered in accordance with the procedure established by Article 61 of the Constitution of the Republic of Kazakhstan.
The norms of the Constitution of the Republic of Kazakhstan establishing a new procedure for delegating powers to officials shall enter into force upon expiration of the term of office or termination of the powers of these officials, unless otherwise provided by the Constitution of the Republic of Kazakhstan.
Until the formation of the composition of the Supreme Audit Chamber, the Accounts Committee for control over the execution of the Republican budget continues to perform the functions and powers provided for by the legislation of the Republic of Kazakhstan.
Article 3. This law shall enter into force from the date of official publication of the notification of the results of the referendum, taking into account the provisions of Article 2 of this law.