On the President of the Republic of Kazakhstan
Unofficial translation
Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 N 2733.
Unofficial translation
Footnote. The title as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378.
This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan defines the legal status of the President of the Republic of Kazakhstan.
Footnote. The preamble as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378.
Chapter I Status of the President of the Republic of Kazakhstan
Article 1. President of the Republic
Article 2. Presidential Elections
Presidential elections are to be carried out in accordance with Constitutional Law.
Article 3. Inauguration of the President of the Republic
In case of early presidential election or assuming of presidential duties under Article 48 of the Constitution, the oath of office shall be taken within one month of publication of the election results or assuming of the presidential duties. In these cases, the day of taking the oath of office shall be determined by the Central Election Commission of the Republic.
The oath of office is to be taken in a festive atmosphere in the presence of Members of Parliament, members of the Constitutional Council, the Supreme Court judges, as well as all former Presidents of the Republic.
Footnote. Article 3 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378; № 404-IV as of 03.02.2011 (shall be enforced on the day of its first official publication).
Article 4. The term of office of the President of the Republic
1-1. The presidential power shall be exercised until a new President elected at the ordinary elections takes office. The ordinary elections must be conducted on the last Sunday in December five years after the extraordinary elections.
Footnote. Article 4 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378; dated 19.06.2007 N 265; dated 14.06.2010 N 89-IV (the procedure for entry into force see Art. 2); dated 03.02.2011 N 404-IV (shall be enforced from the date of its first official publication); № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 5. Limitations due to continuance in office of the President of the Republic
Footnote. Item 2 is excluded as amended by the Constitutional Law of the Republic of Kazakhstan dated 19.06.2007 N 265
Article 6. Insignia of the President of the Republic
Chapter II
The Powers of the President of the Republic of Kazakhstan
Article 7. Foreign policy powers of the President of the Republic
1) conducts negotiations and signs international treaties of the Republic of Kazakhstan;
2) grants authority to negotiate and sign international treaties of the Republic;
3) (the sub-item is excluded as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378)
4) signs instruments of ratification;
5) takes decisions about suspension of international treaties concluded by the Republic, which are not subject to the ratification;
6) submits applications to Parliament to denounce the international treaties concluded by the Republic.
Footnote. Article 7 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378
Article 8. The Powers of the President of the Republic in the field of defense and security of the state
The President of the Republic:
1) is the Supreme Commander of the Armed Forces of the Republic. He appoints and dismisses the supreme command of the Armed Forces;
2) in case of immediate danger to the democratic institutions of the Republic, its independence and territorial integrity, political stability and security of its citizens and in case of disruption of normal functioning of the state constitutional organs, the President takes measures including declaration of emergency state on the whole territory of Kazakhstan or in particular areas, and the use of the Armed Forces of the Republic after formal consultation with the Prime Minister and the Chairmen of the Parliament Chambers and informs the Parliament of the Republic immediately about it.
3) in case of aggression against the Republic or immediate external threat to its security, the President imposes martial law on the whole territory of the Republic or in its particular areas, declares a partial or total mobilization and informs the Parliament of the Republic immediately about it;
4) submits a proposal to use the Armed Forces of the Republic to the joint session of Parliament in order to fulfill international obligations for the maintenance of peace and security;
5) forms the State Guard Service subordinate to him;
6) sanctions the military doctrine of the Republic of Kazakhstan;
7) decides about the military draft of the citizens of the Republic and the military discharge from active service to reserve;
8) appoints the Chairman of the National Security Committee and dismisses him from office after approval by the Senate
Footnote. Article 8 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 9. The Powers of the President of the Republic in respect of the Parliament
The President of the Republic:
1) appoints ordinary and extraordinary elections to the Parliament and its Chambers;
2) in compliance with item 4 of Article 51 of the Constitution appoints fifteen deputies of the Senate with regard to representation of ethnic, cultural and other significant interests of the society in the Senate. In case of deprivation or termination of the appointed members of the Senate the President appoints new deputies to replace the retired ones within one month;
3) convenes the first session of the Parliament no later than thirty days from the date of publication of the election results;
4) takes the oath of Deputies of the Parliament to the people of Kazakhstan;
5) nominates a candidate for the post of Chairman of the Senate;
6) as a rule, opens Parliament sessions;
7) may convene an extraordinary session of Parliament in the period between the sessions on his/her own initiative, at the suggestion of Presidents of the Chambers or at the request of no less than one-third of the total number of deputies. This session may consider only the issues which were the reason for its convening;
8) signs the law presented by the Senate within one month, promulgates the law or returns some of its articles for a second reading. The law shall be signed within one month if the Parliament approved the previous decision according to sub-item 2) of item 2 of Article 54 of the Constitution;
9) submits draft amendments to the Constitution to the Parliament;
9-1) initiates draft laws and submits them to the Mazhilis;
10) has the right to determine the priority of consideration of draft laws, which means that these draft laws shall be adopted as a matter of priority within two months;
11) has the power to attend any joint meeting of the Parliament Chambers or separate meetings of its Chambers, and to be heard;
12) dismisses a member of the Government in the case provided for by subparagraph 6) of Article 57 of the Constitution of the Republic;
13) has the power to dissolve the Parliament and the Mazhilis as provided in the Constitution.
Footnote. Article 9 as amended by the Constitutional Act of the Republic dated 06.05. 1999 N 378, dated 11.12.2006 N 200 (shall be enforced from the date of its official publication), Constitutional Law of the Republic of Kazakhstan dated 19.06. 2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 10. The Powers of the President of the Republic in respect to the Government
The President of the Republic:
1) with the consent of the Mazhilis of the Parliament appoints the Prime Minister of the Republic and releases him from office;
2) upon the proposal of the Prime Minister presented within ten days after his/her appointment, determines the structure of the Government; upon the proposal of the Prime Minister, presented after consultation with the Majilis of the Parliament, appoints members of the Government; independently appoints ministers of foreign affairs, defense and internal affairs; dismisses members of the Government;
3) takes the oath of the members of the Government;
4) hears regularly the report of the Prime Minister on the main activities of the Government and all of his/her important decisions, in the course of which the Prime Minister reports on the work of the Government of the Republic of Kazakhstan;
5) coordinates a unified system of financing and remuneration of labor for employees of all bodies financed from the state budget of the Republic;
5-1) coordinates state programs;
6) if necessary, chairs meetings of the Government on particularly important issues;
7) is excluded by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
8) is excluded by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication);
9) takes a decision about resignation announced by the Government or by any of its members, if they find it impossible to continue the implementation of their duties, or if the Mazhilis or the Parliament pass a vote of no-confidence to the Government, as well as about resignation announced by a member of the Government, who does not agree with the Government's policy or is not conducting it;
10) accepts or rejects the resignation announced by the Government or any of its members within ten days;
11) in case of rejecting the resignation of the Government or its member the President instructs them to continue to carry out their duties;
12) has the power to initiate the termination of powers of the Government, to dismiss the Prime Minister or any member of the Government;
13) has the power to issue acts charging the Government with implementation of the executive functions beside those established by the Constitution and the laws of the Republic;
14) charges the Government of the Republic with tasks.
Footnote. Article 10 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378, Constitutional Law of the Republic of Kazakhstan dated 19.06.2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 11. The Powers of the President of the Republic in respect of the Constitutional Council
The President of the Republic
1) appoints the Chairman and two members of the Constitutional Council. In accordance with the Constitutional Law the President shall have the power to release them from office earlier;
2) appeals to the Constitutional Council in cases provided for by subparagraph 10-1) of Article 44 and Article 72 of the Constitution of the Republic;
3) is excluded by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Footnote. Article 11 as amended by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 12. The Powers of the President of the Republic in respect of courts and judges
The President of the Republic
1) proposes to the Senate candidates for elections to the posts of Chairman and judges of the Supreme Court, and those to be dismissed from office basing on recommendations of the Supreme Judicial Council;
2) appoints and dismisses the Chairman and judges of magistrate and other courts on the recommendation of the Supreme Judicial Council.
Footnote. Article 12 as amended by the Constitutional Law of the Republic of Kazakhstan dated 19.06.2007N 265
Article 13. The Powers of the President of the Republic in respect of the Prosecution Bodies
The President of the Republic:
1) appoints the Prosecutor General of the Republic for a term of five years and releases him from office with the consent of the Senate;
2) at the suggestion of Prosecutor General, appoints and dismisses the Deputies of Prosecutor General of the Republic;
3) hears the report of the Prosecutor General on the legal situation in the country at least once per quarter.
Article 14. The powers of the President in respect of the Central Election Commission
The President of the Republic
2) approves the regulations of the Central Election Commission;
3) hears reports of the Chairman of the Central Election Commission on the preparation for the national referendum, the elections to the Parliament, Maslikhats and other local authorities and on their results.
Footnote. Article 14 as amended by the Constitutional Law of the Republic of Kazakhstan dated 19.06.2007N 265
Article 15. The Powers of the President of the Republic in respect of the National Bank
The President of the Republic:
1) with the consent of the Senate of the Parliament, appoints and releases from office the Chairman of the National Bank of the Republic;
2) appoints and dismisses the Deputies of the Chairman of the National Bank upon the recommendation of the Chairman of the National Bank;
3) hears reports of the Chairman of the National Bank of the Republic at least once per quarter.
Footnote. Article 15 as amended by the Constitutional Law of the Republic of Kazakhstan dated 19.06.2007 N 265
Article 16. The Powers of the President of the Republic in respect of the Budget Control Committee
The President of the Republic:
2) approves the Regulations of the Budget Control Committee;
3) hears a report of the Chairman of the Budget Control Committee on their activities at least once per quarter. <*>
Footnote. Article 16 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378
Article 17. The Powers of the President of the Republic in respect to the Akims
The President of the Republic:
2) cancels or suspends completely or partially validity of acts of the akims of regions, cities of national importance and the capital;
3) gives instructions to akims and hears reports on implementation thereof;
4) has the power to dismiss akims of regions, cities of national importance and the capital of the Republic on his/her discretion, and in the event of impeachment imposed by the appropriate Maslikhats by a majority vote.
4-1) is excluded by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Footnote. Article 17 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378, dated 19.06.2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 17-1. The Powers of the President of the Republic in respect to public authorities, directly subordinate and accountable to him/her
1) approves the regulations of these public authorities, their structure and the overall number of staff;
2) appoints and dismisses deputy heads of the authorities directly subordinate and accountable to the President of the Republic, heads of the departments of these authorities, unless otherwise established by the President of the Republic;
3) forms, dissolves and reorganizes departments of these public authorities. These authorities have the status provided for the offices of central executive bodies, unless otherwise established by the President of the Republic.
Footnote. Article 17-1 is added by the Constitutional Act of the Republic dated 06.05.1999N 378.
Article 18. The Powers of the President of the Republic in respect of the Referendum
1) to hold a referendum;
2) to make amendments to the Constitution, the constitutional law, the law of the Republic or another act related to the subject of the proposed referendum without holding it;
3) to reject the proposal to hold a referendum.
If the President rejects the Parliament’s proposal to submit the issue of amendments to the Constitution to the national referendum, the Parliament has the right to adopt a law on amending the Constitution by a four-fifths vote in each Chamber. In this case, the President of the Republic signs this law or submits it to a national referendum.
Footnote. Article 18 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378.
Article 19. Other powers of the President of the Republic
The President of the Republic:
1) addresses the people of Kazakhstan on the situation in the country and the main directions of domestic and foreign policy of the Republic by the annual oral or written message. If the message is presented at a Parliament session, it shall not be discussed or questioned;
2) has the right to approve strategic plans of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan;
3) establishes qualification degrees; awards state decorations of the Republic, honorary titles, highest military, diplomatic and other ranks, grades, qualification degrees. The President also deprives of these awards, titles, ranks, grades and degrees;
4) decides about granting, preservation, withdrawal and restoration of citizenship of the Republic of Kazakhstan;
5) decides about granting political asylum;
6) grants pardons to citizens;
7) appoints and dismisses the State Secretary, determines his/her status and the powers;
7-1) nominates the Commissioner for Human Rights in the Republic of Kazakhstan for a five-year term and for dismissal from office to the Senate of the Parliament;
8) sets up regulations, terms and conditions for the national currency circulation;
9) forms Administration of the President; establishes, dissolves and reorganizes other state bodies directly subordinate and accountable to the President of the Republic;
10) forms the Security Council and other consultative and advisory bodies, as well as the Assembly of Peoples of Kazakhstan and the Supreme Judicial Council;
11) after consultations with the Prime Minister and the chairpersons of the Chambers of Parliament, prematurely terminates the authority of a maslikhat;
12) exercises other powers in accordance with the Constitution and laws of the Republic. <*>
Footnote. Article 19 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378; dated 19.06.2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Chapter III Acts of the President of the Republic of Kazakhstan
Article 20. Forms of Acts of the President of the Republic
Footnote. Article 20 as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 N 378; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 21. The Decrees of the President of the Republic
1) to carry out the constitutional powers of the President, which require a President’s act;
2) to ensure coordinated functioning of all branches of government established by the Constitution and responsibility of government to the people of Kazakhstan;
3) to regulate legal matters which are beyond the legislative competence of the Parliament, the Government and other public authorities;
4) to take decisions on strategic issues of economic and sociopolitical development of Kazakhstan.
Article 22. The Orders of the President of the Republic
1) to solve problems of administrative, operational and individual nature;
2) to appoint or dismiss officials who do not have the constitutional status in accordance with the competence of the President of the Republic
Article 23. Drafting of acts and their submission to the President for consideration
1) the Administration of the President and other public authorities directly subordinate and accountable to the President of the Republic;
2) the Government of the Republic;
3) the Supreme Court;
4) is excluded by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication);
5) other public authorities and officials, appointed by the President of the Republic.
1) are prepared and submitted to the President in the Kazakh and the Russian languages;
2) must meet the legal and office management requirements.
Footnote. Article 23 as amended by Constitutional Law of the Republic of Kazakhstan dated 19.06 2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 24. Amendments and Additions to the acts of the President of the Republic and their cancellation
1) to the decrees of the President of the Republic are made by decrees of the President;
2) to the orders of the President of the Republic are made by orders of the President of the Republic.
Article 25. Entry into force and publishing of the acts of the President of the Republic
Footnote. Article 25 as amended by the Constitutional Law of Republic of Kazakhstan dated 19.06.2007 N 265; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Chapter IV Early release or discharge from office of the President of the Republic
Article 26. Early release or discharge from office of the President of the Republic
Footnote. Article 26 as amended by the Constitutional Law of Republic of Kazakhstan dated 19.06.2007 N 265.
Article 27. Transfer of powers of President of the Republic of Kazakhstan
Footnote. Article 27 as amended by the Constitutional Law of Republic of Kazakhstan dated 06. 05. 1999 N 378
Chapter V Support of the activity of the President of the Republic of Kazakhstan
Article 28. State support of the President of the Republic
Support, servicing and security of the President and his/her family are financed from the republican budget.
Article 29. Salary and leave of the President of the Republic
Article 30. Support of the President of the Republic
5-1. A personal library and a personal archive of the President of the Republic are set up for the duration of his/her term in office.
Footnote. Article 30 as amended by the Constitutional Law of Republic of Kazakhstan dated 06.05.1999 N 378; № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 31. Security of the President of the Republic
Footnote. Article 31 as amended by Constitutional law of the Republic of Kazakhstan № 75-VI as of 15.06.2017 (shall be enforced on the day of its first official publication).
Article 32. Administration of the President of the Republic
Administration of the President of the Republic of Kazakhstan is a state body which is responsible for
1) support of the President of the Republic;
2) providing the President with detailed and up-to-date information about the situation in the country;
3) implementation of the decisions of the President of the Republic, and supervision of their fulfillment;
4) exercising of other powers established by the President.
Article 33. Consultative and advisory bodies, agencies and organizations under the President of the Republic
1) decides on the composition of consultative and advisory bodies, as well as the Assembly of People of Kazakhstan, the Supreme Judicial Council, sets up other institutions and organizations under the President of the Republic;
2) appoints senior officials of consultative and advisory bodies, the Assembly of People of Kazakhstan, the Supreme Judicial Council, other institutions and organizations under the President of the Republic
3) approves the regulations on consultative and advisory bodies, the Assembly of People of Kazakhstan, other institutions and organizations under the President of the Republic;
4) hears reports of senior officials of consultative and advisory bodies on their work, as well as reports of the Chairman of the Supreme Judicial Council.
Footnote. Article 33 as amended by Constitutional law of the Republic of Kazakhstan № 119-VI as of 22.12.2017 (shall be enforced ten calendar days after its first official publication).
Chapter VI Former Presidents of the Republic of Kazakhstan
Article 34. The Status of the former Presidents of the Republic
Article 35. Support of the activities of the Ex-Presidents of the Republic
1) a pension by decision of the acting President of the Republic. This pension amounts to eighty percent of his salary and increases according to the growth of the salary of the President of the Republic;
2) an apartment and a country house with the necessary service, personal security, personal car with drivers, free travel across the country, medical care and spa treatment;
3) (the sub-item is excluded by the Constitutional Law of Republic of Kazakhstan dated 06.05.1999 N 378)
2-1. The personal archive and the personal library of President of the Republic of Kazakhstan becomes property of the Ex-President at the end of his term as President of the Republic.
Footnote. Article 35 as amended by the Constitutional Law of Republic of Kazakhstan dated 06.05.1999 N 378.
Article 36. Guarantees of rights of the Ex-Presidents of the Republic
Ex-President of the Republic cannot be responsible for actions related to the execution of his/her office of the President of the Republic, except in cases of high treason.
Chapter VII Final Provisions
Article 37. Validity of other legislative acts relating to the support of the President of the Republic
The legislation concerning public service, labour and pension do not extend to the President of the Republic.
Article 38. Entry into force of this Constitutional Law
This Constitutional Law shall be enforced from the date of its publication.
Footnote. Article 38 as amended by the Constitutional Law of Republic of Kazakhstan dated 06.05.1999. N 378
President of
the Republic of Kazakhstan
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