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 DECIDE:
.
President of the Republic of Kazakhstan
Nur-Sultan, Akorda, May 5, 2022
No. 888
PROJECT
Law of the Republic of Kazakhstan "On amendments and additions to the Constitution of the Republic of Kazakhstan"
Article 1 To introduce the following amendments and additions to the Constitution of the Republic of Kazakhstan, adopted by a republican referendum on August 30, 1995:
“3. The land and its subsoil, water sources, flora and fauna and other natural resources belong to the people. Property rights are exercised by the state on behalf of the people. Land may also be privately owned on the grounds, conditions and within the limits established by law.”
"2. Nobody has the right to take their own life. The death penalty is prohibited."
"2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts
republics, chairmen and members of the Central Electoral Commission, the Supreme Accounting Chamber, military personnel, employees of national security agencies, law enforcement agencies cannot be members of political parties, trade unions or support any political party must.”
"one. Everyone has the right to freedom of labor, free choice of occupation and profession. Forced labor is allowed only on the basis of a court decision to find guilty of a criminal or administrative offense or in a state of emergency or martial law.”
1) clause 2 shall be stated in the following wording:
"2. The swearing-in ceremony will take place on the second Wednesday of January in a solemn atmosphere with the participation of MPs, judges of the Constitutional Court, the Supreme Court, as well as ex-presidents of the republic. In the case provided for by Article 48 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of taking office as the President of the Republic.";
2) part two of clause 5 shall be excluded.
“3. The President of the Republic of Kazakhstan cannot be a member of a political party in the exercise of his powers.
1) in subparagraph 2) the words "Senate of the Parliament" shall be replaced by the word "Parliament";
2) subparagraph 3) "cancels or suspends in full or in part acts of akims of regions, cities of republican significance and the capital"; words should be deleted;
3) subparagraph 4) shall be stated as follows:
"4) with the consent of the Senate of the Parliament, appoint 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; dismiss them; ";
4) in subparagraph 7) the words "Counting Commission for Control over the Execution of the Republican Budget" shall be replaced by the words "Supreme Accounts Chamber";
5) in subparagraph 10-1) the word "Council" shall be replaced by the word "Court";
6) in subparagraph 19) the word "secretary" shall be replaced by the word "advisor".
1) in the first paragraph, the word "Council" shall be replaced by the word "Court";
2) in the second paragraph the word "Council" shall be replaced by the word "Court".
1) The second sentence of paragraph 2 shall be stated as follows:
"Ten deputies of the Senate, five of them are appointed by the President of the Republic on the proposal of the Assembly of the People of Kazakhstan.";
2) clause 3 shall be stated in the following wording:
“3. The Mazhilis consists of ninety-eight deputies elected in the manner prescribed by constitutional law, according to a mixed electoral system: according to the proportional representation system on the territory of one national constituency, as well as in single-mandate territorial constituencies. . "
"one. Elections of deputies of the Mazhilis are held by secret ballot on the basis of universal, equal and direct suffrage. The next elections of deputies of the Mazhilis are held no later than two months before the expiration of the term of office of the current Parliament.
“Deputy of the Mazhilis of the Parliament:
1) the deputy left or was expelled from the political party elected by him on the party list in accordance with the constitutional law;
2) termination of the activities of the political party that elected the deputy from the party list in accordance with the constitutional law;
3) recall of a deputy elected in a single-mandate territorial constituency by voters in the manner prescribed by constitutional law.”.
1) subparagraphs 1-1) and 1-2) shall be supplemented with the following:
“1-1) adopts constitutional laws;
1-2) within a month from the date of filing objections to constitutional laws or articles of a constitutional law that caused an objection by the President of the Republic, conducts a second discussion and voting. Failure to comply with this deadline means that the objections of the President are accepted. In the event that the Parliament overcomes the objections of the President by a three-quarters majority of the total number of deputies of each Chamber, the President signs the constitutional law within a month. If the objections of the President are not overcome, the constitutional law is considered not adopted or adopted in the wording proposed by the President;
2) in subparagraph 2) the words "Counting Commission for Control over the Execution of the Republican Budget" shall be replaced by the words "Supreme Accounts Chamber";
3) in subparagraph 6) the word "Council" shall be replaced by the word "Court".
1) the first paragraph of paragraph 1 shall be stated as follows:
"one. Parliament adopts laws at a separate meeting of the Chambers, first considering issues in the Mazhilis, and then in the Senate, including: “;
2) subparagraph 2) of paragraph 2 shall be stated as follows:
"2) within a month from the date of submission of objections to the laws or articles of the law that caused the objection of the President of the Republic, conducts a second discussion and voting. Failure to comply with this deadline means that the objections of the President are accepted. If the Majilis and the Senate overcome the objections of the President by a two-thirds majority of votes of the total number of deputies in each of the Chambers, the President signs the law within a month.If at least one of the Chambers does not overcome the objections of the President, the law is considered not adopted or adopted in the wording proposed by the President;
1) subparagraph 2) shall be stated as follows:
"2) giving consent to the appointment of the President of the Republic as the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee;" ;
2) subparagraph 3) after the words “judges”, add the words “Commissioner for Human Rights in the Republic of Kazakhstan”.
1) in subparagraph 1) the words "and consideration of these projects" shall be deleted;
2) subparagraph 3-1) shall be supplemented with the following:
"3-1) hearing the report of the Chairman of the Supreme Audit Chamber twice a year;".
"1) appoints three judges of the Constitutional Court; appoints two members of the Central Electoral Commission and three members of the Supreme Accounts Chamber for a term of five years;
"7) nominate candidates to the Chambers for appointment to the positions of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Accounts Chamber;".
1) Paragraph 2 shall be supplemented with the second part of the following content:
“In order to promptly respond to situations that threaten the life and health of the population, the constitutional order, the protection of public order, the economic security of the country, bills submitted by the Government on a legislative initiative are immediately considered by the Parliament at a joint meeting. chambers.";
2) clause 3 shall be supplemented with part three as follows:
“In case of submission to the Parliament of the draft laws provided for by part two of paragraph 2 of this article, the Government of the Republic has the right to adopt temporary resolutions on the issues specified in part one of this paragraph, which will be valid until. »;
3) paragraphs 4 and 5 shall be stated as follows:
"4. A law adopted by a majority vote of the total number of deputies of the Mazhilis1) Paragraph 2 shall be supplemented with the second part of the following content:
“In order to promptly respond to situations that threaten the life and health of the population, the constitutional order, the protection of public order, the economic security of the country, bills submitted by the Government on a legislative initiative are immediately considered by the Parliament at a joint meeting. chambers.";
2) clause 3 shall be supplemented with part three as follows:
“In case of submission to the Parliament of the draft laws provided for by part two of paragraph 2 of this article, the Government of the Republic has the right to adopt temporary resolutions on the issues specified in part one of this paragraph, which will be valid until. »;
3) paragraphs 4 and 5 shall be stated as follows:
"4. A law adopted by a majority vote of the total number of deputies of the Mazhilis is submitted to the Senate, which considers it no later than sixty days.
The Mazhilis has the right to reject the bill by a majority vote of the total number of deputies. The rejected bill is considered rejected and returned to the initiator.
A law approved by a majority vote of the total number of deputies of the Senate is submitted to the President for signature within ten days. If the Senate does not approve the law in whole or in part, the law is returned to the Mazhilis. In this case, the Senate has the right to submit to the Majilis the wording of certain articles of the law.
If the Senate does not make a decision within sixty days, the bill is submitted to the President for signature.
If the Mazhilis objects to the wording of individual articles of the law proposed by the Senate by the same majority of votes, and the Senate does not approve the law as a whole, disputes between the Chambers are resolved by conciliation.
The wording of the law formulated by the conciliation commission is subject to consideration by the Mazhilis and the Senate in the manner prescribed by paragraph 4 of this article.
In case of rejection of the law in the wording proposed by the Conciliation Commission of the Mazhilis by a majority vote of the total number of deputies of the Chamber, the Mazhilis conducts a second vote in accordance with the law in the previously adopted wording.
If during the repeat voting, the Mazhilis approves the earlier decision by a two-thirds majority of the total number of deputies of the Chamber, the law is sent to the President for signature within ten days.
If the law does not gain the established majority of votes of the deputies of the Majilis, the law is considered not adopted and is returned to the initiator.
4) Paragraph 5-1 shall be deleted.
1) clause 5 shall be stated in the following wording:
"5. Unless otherwise provided by the Constitution, laws are adopted by the Mazhilis and 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.";
2) Item 6 after the word "o" shall be supplemented with the words "on draft constitutional laws".
"Article 71
One person cannot be appointed as a judge of the Constitutional Court more than twice in a row.
The President of the Republic, on the proposal of the Chairman of the Constitutional Court, appoints the Deputy Chairman of the Constitutional Court from among the judges of the Constitutional Court.
1) in paragraphs 1 and 2 the word "Council" shall be replaced by the word "Court";
2) add paragraphs 3, 4 and 5 with the following content:
“3. The Constitutional Court considers the compliance of the normative legal acts of the Republic of Kazakhstan, directly affecting the rights and freedoms of citizens, enshrined in the Constitution, the Constitution of the Republic at their request.
The procedure and conditions for the appeal of citizens to the Constitutional Court are determined by the constitutional law.
1) in paragraphs 1 and 2 the word "Council" shall be replaced by the word "Court";
2) clause 3 shall be stated in the following wording:
“3. The Constitutional Court renders its decision within the terms established by the constitutional law.
1) clause 2 shall be stated in the following wording:
"2. Laws and other legal acts recognized as unconstitutional, including those recognized as infringing on the rights and freedoms of man and citizen, enshrined in the Constitution, and their individual provisions, are recognized as invalid and do not enter into force from the date of the decision of the Constitutional Court. or a date set by him.";
2) in paragraph 3 the word "Council" shall be replaced by the word "Court".
"Section VII
Courts and Justice. The pursuit. Commissioner for Human Rights.
"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.
.
"Article 83-1
1) clause 4 shall be stated 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 the 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 voting. The candidate who received the majority of the votes of the maslikhat deputies who took part in the voting is considered to have received their consent.
Akims of other administrative-territorial units are appointed or elected in the manner prescribed by law, and also dismissed. The President of the Republic has the right, at his own discretion, to dismiss akims of regions, cities of republican significance and the capital.
2) the second sentence of paragraph 5 shall be stated as follows:
“In this case, the maslikhat has the right to express a vote of no confidence in the akim by a majority of votes from the total number of deputies and ask the akim of the region, the city of republican significance, the capital to release the akim of the republic or other administrative-territorial units.”
1) clause 2 shall be stated in the following wording:
"2. The independence of the state, the unity and territorial integrity of the Republic, its form of government, the basic principles of the Republic's activity, established by the Constitution, do not change.";
2) in paragraph 3 the word "Council" shall be replaced by the word "Court".
"Article 99
Prior to the formation of the Constitutional Court, the functions of the Constitutional Court, provided for in paragraphs 1 and 2 of Article 72 of the Constitution, shall be carried out by the Constitutional Council.
Article 2
Draft laws approved by the Majilis and considered by the Parliament on January 1, 2023 are considered laws and are considered in the manner prescribed by Article 61 of the Constitution of the Republic of Kazakhstan.
Article 3 This Law shall enter into force on the day of the official publication of the announcement of the results of the referendum, subject to the provisions of Article 2 of this Law.