Constitutional Law of the Republic of Kazakhstan "On the republican referendum" dated November 2, 1995 No. 2592
Footnote. Title as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 376.
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This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan, determines the procedure for the appointment, preparation and conduct of a republican referendum.
Footnote. The preamble as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 376.
Chapter I
General provisions
Article 1. The concept of a republican referendum
The republican referendum is a popular vote on the draft Constitution, constitutional laws, laws and decisions on other most important issues of public life of the Republic of Kazakhstan.
The referendum is held on the entire territory of the Republic.
Article 2. The subject of the republican referendum
The subject of the referendum may be:
1) adoption of the Constitution, constitutional laws, laws of the Republic, amendments and additions to them;
2) solving other most important issues of the state life of the Republic.
Article 3. Issues that cannot be the subject of a republican referendum
Questions cannot be the subject of a referendum:
1) which may entail a violation of the constitutional rights and freedoms of man and citizen;
2) changes in the status of the Republic of Kazakhstan as an independent state, the unitarity and territorial integrity of the Republic, the form of its government, as well as the fundamental principles of the Republic's activities laid down by the Founder of independent Kazakhstan, the First President of the Republic of Kazakhstan – Elbasy, and his status;
3) the administrative-territorial structure and borders of the Republic;
4) justice, defense, national security and public order protection;
5) budget and tax policy;
6) amnesties and pardons;
7) appointment and election to office, dismissal of persons under the jurisdiction of the President, the Chambers of Parliament and the Government of the Republic;
8) fulfillment of obligations arising from international treaties of the Republic.
Footnote. Article 3 as amended by the Constitutional Law of the Republic of Kazakhstan dated 15.06.2017 No. 75-VI (effective from the date of its first official publication).
Article 4. Principles of the republican referendum
The conduct of the referendum is based on the following principles:
1) voluntary participation in the referendum and the free expression of the will of citizens;
2) the universal, equal and direct right of citizens to participate in a referendum by secret ballot;
3) publicity.
Article 5. The right to participate in the republican referendum
Citizens of the Republic who have reached the age of eighteen have the right to participate in the referendum, regardless of their origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances. Citizens who have been declared legally incompetent by the court, as well as those held in places of deprivation of liberty by a court verdict, do not have the right to participate in the referendum. Any direct or indirect restriction of the rights of other citizens of the Republic to participate in the referendum is unacceptable and is punishable by law.
Citizens participate in the referendum on an equal basis and each of them has one vote or an equal number of votes, respectively.
Citizens participate in the referendum directly.
Article 6. Publicity in the organization and conduct of the republican referendum
The organization and conduct of the referendum are carried out openly and publicly.
The decision to hold a referendum and the question(s) submitted to it are brought to the attention of citizens by the mass media.
The referendum commissions inform citizens about their work on the organization of the referendum, on the formation of polling stations, the composition, location and working hours of the commissions, on the lists of citizens entitled to participate in the referendum.
Representatives of public associations of the Republic, observers from foreign states and international organizations, whose powers are certified in accordance with the procedure established by the Central Commission of the Referendum, may be present during the referendum. Interference of representatives and observers in the work of the referendum commissions is not allowed.
The mass media cover the preparation and conduct of the referendum, and their representatives accredited to the referendum commissions are guaranteed access to events related to the referendum.
Article 7. Agitation before the republican referendum
Citizens and public associations of the Republic are guaranteed the right to express their opinion on the issue (issues) submitted to a referendum, at meetings, rallies, gatherings of citizens, in the mass media.
All campaign printed materials must contain information about the organization that issued these materials, the place of their printing and circulation, and the persons responsible for their release. The distribution of anonymous propaganda materials is prohibited.
Agitation of violent change of the constitutional order, violation of the integrity of the Republic, undermining the security of the state, war, social, racial, national, religious, class and clan superiority, as well as the cult of cruelty and violence is not allowed.
Campaigning is prohibited on the day preceding the referendum and on the day of the referendum. Printed campaign materials, posters previously posted outside the voting premises may remain in their former places.
Article 8. Ensuring the republican referendum
Expenses related to the preparation and conduct of the referendum are made exclusively at the expense of the republican budget.
State bodies, local self-government bodies, as well as organizations, regardless of the form of ownership, provide the referendum commissions with the premises, equipment and vehicles necessary for the preparation and conduct of the referendum.
Any direct or indirect participation of international organizations and international public associations, foreign state bodies, legal entities and citizens, stateless persons in the financing and other support of events related to the referendum is prohibited.
Article 9. Legislation on the republican referendum
The legislation on the referendum includes:
1) The Constitution of the Republic of Kazakhstan;
2) The Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", in the part that does not contradict this Constitutional Law;
3) this Constitutional Law;
4) acts of the Central Commission of the Referendum, which are normative in nature.
Chapter II
Appointment and preparation of the republican referendum
Article 10. The right to appoint a republican referendum
The right to call a referendum belongs to the President of the Republic of Kazakhstan.
Article 11. Initiative on the appointment of a republican referendum
The initiative to appoint a referendum belongs to:
1) To the President of the Republic of Kazakhstan;
2) The Parliament of the Republic of Kazakhstan, which applies with the initiative to appoint a referendum to the President of the Republic of Kazakhstan. The initiative is put forward by the Parliament in a separate session of the Chambers by sequentially considering the issue first in the Majilis and then in the Senate and is formalized by the relevant resolutions of the Chambers of Parliament;
3) The Government of the Republic of Kazakhstan, which applies with the initiative to appoint a referendum to the President of the Republic of Kazakhstan. The initiative is put forward by the Government at its meeting by a majority vote of the total number of its members and is formalized by a corresponding resolution;
4) not less than two hundred thousand citizens of the Republic who have the right to participate in the republican referendum, in quantitative terms equally representing all regions, the capital of the Republic and cities of republican significance, who apply with the initiative to appoint a referendum to the President of the Republic.
Proposals on calling a referendum on the same issue (the same issues) may be submitted and considered again by the President of the Republic not earlier than two years after the previous decision on the specified issue (the specified issues).
Footnote. Article 11 as amended by the Constitutional Law of the Republic of Kazakhstan dated 04.05.2008 N 30-IV (see Article 2 for the procedure for entry into force).
Article 12. Formation of an initiative group on the appointment of a republican referendum
If citizens take the initiative to hold a referendum, a referendum initiative group is formed, which includes at least three representatives from each region, the capital of the Republic of Kazakhstan and cities of republican significance.
The referendum initiative group is formed at a meeting attended by citizens who have the right to participate in the referendum, but not less than thirty representatives from each region, the capital of the Republic of Kazakhstan and cities of republican significance.
No later than ten days before the meeting, its initiators must inform in writing about the time, place and purpose of the meeting to the local executive body on whose territory it will be held.
Before the start of the meeting, registration of participants of the meeting is carried out, a list is compiled with mandatory indication of their surnames, names, patronymics, place of residence and data of the identity document of a citizen of the Republic of Kazakhstan.
The members of the referendum initiative group are elected by a majority vote of the participants of the meeting. The list of the initiative group includes the surname, first name, patronymic and place of residence of each member of the group. The question proposed for the referendum should be formulated clearly by the initiative group so that an unambiguous answer is possible to it.
Article 13. Registration of the referendum initiative group and the question(s) proposed by it for the referendum