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 decree:
To hold a republican referendum on June 5, 2022.
Do you accept the 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 media on May 6, 2022 "draft Law of the Republic of Kazakhstan"On Amendments and additions to the Constitution of the Republic of Kazakhstan"?"and submit to the republican the referendum.
On May 6, 2022, this Decree and the draft Law of the Republic of Kazakhstan "On Amendments and Additions to the Constitution of the Republic of Kazakhstan" will be officially published in the mass media.
To entrust the organization and conduct of the republican referendum to the Central Election Commission, which performs the functions of the central referendum commission, as well as to territorial and precinct election commissions, which perform the functions of territorial and precinct referendum commissions.
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 are taking the necessary measures to organize and conduct a republican referendum-
criticism.
This Decree is put into effect from the date of publication.
President of the Republic of Kazakhstan
K. TOKAYEV
Nur-Sultan, Akorda, May 5, 2022
№ 888
Project
The 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".
Articles 6, paragraph 3 should be worded as follows:
"3. the earth and its subsoil, water sources, flora and fauna, and other natural resources belong to the population. The right of ownership on behalf of the people is exercised by the State. Land may also be privately owned on the grounds, conditions and within the limits established by law.".
Articles 15, paragraph 2 should be worded as follows:
"2. no one has the right to deprive people of their own lives. The death penalty is prohibited.".
Articles 23 and paragraph 2 should be worded as follows:
"2. The chairmen and chairmen 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 belong to political parties, trade unions, or support any political party.".
Articles 24 and paragraph 1 should be worded as follows:
"1. Everyone has the right to freedom of work, free choice of occupation and profession. Forced labor is allowed only on the basis of a judicial act on finding guilty of committing a criminal or administrative offense or in conditions of emergency or martial law.".
In article 42:
1) paragraph 2 should be worded as follows:
"2. Taking the oath is held on the second Wednesday of January in a solemn atmosphere with the participation of deputies of Parliament, 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 assumed the powers of the President of the Republic of Kazakhstan takes the oath within one month from the date of taking the powers The President of the Republic.";
2) delete the second part of paragraph 5.
Article 43 should be supplemented with paragraphs 3 and 4 as follows:
"3. The President of the Republic of Kazakhstan during the exercise of his powers should not be a member of a political party.
Close relatives of the President of the Republic of Kazakhstan are not entitled to hold positions of political civil servants, heads of quasi-public sector entities.".
In article 44:
1) in subparagraph 2), replace the words "Senate of Parliament" with the word "Parliament" ;
2) in subparagraph 3), the words "cancels or suspends in whole or in part the acts of akims of regions, cities of republican significance and the capital; " exclude;
3) subparagraph 4) should be worded as follows:
"4) with the consent of the Senate of the Parliament appoints the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General and the Chairman of the National Security Committee of the Republic of Kazakhstan; dismisses them from their posts;";
4) in subparagraph 7), the words "Accounting Committee for Control over the execution of the republican budget" should be replaced with the words "Supreme Audit Chamber" ;
5) in subparagraph 10-1), replace the word "council" with the word "court" ;
6) in subparagraph 19), replace the word "secretary" with the word "adviser".
Delete paragraph 4 of article 46.
In 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".
In article 50:
1) the second sentence of paragraph 2 should be worded 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 be worded as follows:
"3. The Mazhilis consists of ninety-eight deputies elected in accordance with the procedure established by the constitutional law, according to the mixed electoral system: according to the system of proportional representation in the territory of a single national electoral district, as well as in single-mandate territorial electoral districts.".
Article 51 paragraph 1 should be worded as follows:
"1. Elections of deputies of the Mazhilis are carried out on the basis of universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Mazhilis are held no later than two months before the end of the term of office of the current convocation of parliament.".
The third part of paragraph 5 of Article 52 should be worded as follows:
"Deputy of the Majilis of the Parliament:
1) a deputy has resigned or been expelled from the political party that elected him on the basis of the party list in accordance with the constitutional law;
2) termination of the activity of a political party that has elected a deputy on the basis of a party list in accordance with the constitutional law;
3) recall by voters of a deputy elected in a single-mandate territorial electoral district, in accordance with the procedure determined by the constitutional law.".
In article 53:
1) add sub-paragraphs 1-1) and 1-2) as follows:
"1-1) adopts constitutional laws;
1-2) holds a second discussion and vote on constitutional laws or articles of the constitutional law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Parliament has overcome the President's objections by a three-quarters majority 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 wording proposed by the President;";
2) in subparagraph 2), the words "Accounting Committee for Control over the execution of the republican budget" should be replaced with the words "Supreme Audit Chamber" ;
3) in subparagraph 6), replace the word "Council" with the word "court".
In article 54:
1) the first paragraph of paragraph 1 should be worded as follows:
"1. The Parliament, in a separate session of the chambers, by sequentially considering issues first in the Majilis and then in the Senate, adopts laws, including:";
2) subparagraph 2) of paragraph 2 should be worded as follows:
"2) holds a second discussion and vote on the laws or articles of the law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Majilis and the Senate have 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 objections are not overcome by at least one of the chambers, the law is considered rejected or adopted in the wording proposed by the President;".
In article 55:
Subparagraph 1) 2) should be worded as follows:
"2) approval of the appointment by the President of the Republic of 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 of the Republic;";
; 2) subparagraph 3) after the word judges "add the words", the Commissioner for Human Rights in the Republic of Kazakhstan".
In paragraph 1 of article 56:
1) in subparagraph 1), the words "and consideration of these projects" should be deleted;
2) add subparagraph 3-1) as follows:
"3-1) hearing the report of the Chairman of the Supreme Audit Chamber twice a year;".
Subparagraph 1) of article 57 should be worded as follows:
"1) appoints three judges of the Constitutional Court; appoints two members of the Central Election Commission, three members of the Supreme Audit Chamber for a period of five years;".
Subparagraph 7) of paragraph 3 of Article 58 should be worded as follows:
"7) submits to the Chambers candidates for appointment to the posts of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber;".
In article 61:
1) add paragraph 2 with part two of the following content:
"In order to promptly respond to situations that threaten the life and health of the population, constitutional construction, protection of public order, and economic security of the country, draft laws introduced as a legislative initiative of the Government of the Republic are subject to immediate consideration by Parliament at a joint session of the chambers.";
2) add paragraph 3 with part three of the following content:
