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ARTICLE 4, PARAGRAPH 1

1. The provisions of the Constitution, the laws corresponding to it, other regulatory and legal acts, international agreements and other commitments of the Republic, as well as regulatory resolutions of the Constitutional Council and the Supreme Court of the Republic, shall be the functioning law in the Republic of Kazakhstan.

1. The provisions of the Constitution, the laws corresponding to it, other regulatory and legal acts, international agreements and other commitments of the Republic, as well as regulatory resolutions of the Constitutional Court and the Supreme Court of the Republic, shall be the functioning law in the Republic of Kazakhstan.

Article 6
Paragraph 3

3. The state shall own the land and subsoil resources, waters, flora and fauna, and other natural resources. The land may also be privately owned on terms, conditions and within limits established by law.

3. The people shall own the land and subsoil resources, waters, flora and fauna, and other natural resources. On behalf of the people, the state shall administer the right of ownership. The land may also be privately owned on terms, conditions and within limits, established by law.

Article 15

Paragraph 2

2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is established by law as an exceptional punishment for terrorist offenses involving the death of people, as well as for particularly serious crimes committed in wartime, with giving the sentenced person the right to seek pardon.

2. No one shall have the right to deprive life of a person. The death penalty is prohibited.

Article 23
Paragraph 2

2.  Military servants, employees of national security agencies, law enforcement agencies and judges shall not be members of parties, trade unions, or speak in support of any political party

2. Chairpersons and judges of the Constitutional Court and other courts, chairpersons and members of the Central Elections Commission, the Supreme Chamber of Audit of the Republic, military servants, employees of national security agencies, law enforcement agencies shall not be members of parties, trade unions, or speak in support of any political party.

Article 24

Paragraph 1

1. Everyone has the right to freedom of work, free choice of occupation and profession. Forced labour is permitted only under a court order or under a state of emergency or martial law.

1. Everyone has the right to freedom of work, free choice of occupation and profession. Forced labor is permitted only on the basis of a judicial act declaring a person guilty of committing a criminal or administrative offense, or in conditions of a state of emergency or martial law.

Article 42

Paragraph 2

2. The oath shall be administered on the second Wednesday of January in a ceremonial setting in the presence of members of Parliament, members of the Constitutional Council, judges of the Supreme Court as well as all former Presidents of the Republic. In the case stipulated by Article 48 of the Constitution, the person who has taken the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the day of assuming the powers of the President of the Republic.

2. The oath shall be administered on the second Wednesday of January in a ceremonial setting in the presence of members of Parliament, judges of the Constitutional Court, the Supreme Court, as well as former Presidents of the Republic. In the case stipulated by Article 48 of the Constitution, the person who has taken the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the day of assuming the powers of the President of the Republic.

Article 42

Part two of the paragraph 5

5. The same person may not be elected President of the Republic more than two times in a row.

This restriction shall not extend to the First President of the Republic of Kazakhstan.

5. The same person may not be elected President of the Republic more than twice in a row.

Article 43

1. The President of the Republic of Kazakhstan cannot be a deputy of a representative body, hold other paid offices and engage in entrepreneurial activity.

2. Excluded

1.            The President of the Republic of Kazakhstan cannot be a deputy of a representative body, hold other paid offices and engage in entrepreneurial activity.

2.            Excluded

3. The President of the Republic of Kazakhstan for the term of fulfilment of his powers must not belong to a political party.

4. Close relatives of the President of the Republic of Kazakhstan shall not have the right to hold positions of political civil servants, and heads of the quasi-public sector.

Article 44

Sub-paragraph 2

The President of the Republic of Kazakhstan shall:

2) call regular and extraordinary elections to the Parliament of the Republic and its Chambers; convene the first session of Parliament and take the oath of its deputies to the people of Kazakhstan; convene an extraordinary session of Parliament; sign a law presented by the Senate of the Parliament within one month, promulgate a law or return a law or particular articles thereof for a second discussion and voting;

The President of the Republic of Kazakhstan:

2) call regular and extraordinary elections to the Parliament of the Republic and its Chambers; convene a first session of the Parliament and take the oath of its deputies to the people of Kazakhstan; convene an extraordinary session of the Parliament; sign a law presented by the Parliament within one month, promulgate a law or return a law or individual articles thereof for a second discussion and voting;

Article 44
sub-paragraph 3

The President of the Republic of Kazakhstan:

3) after consulting with the factions of political parties represented in the Mazhilis of the Parliament, submits to the Mazhilis for approval the candidacy of the Prime Minister of the Republic with the consent of the Mazhilis of the Parliament, appoints the Prime Minister of the Republic; dismisses the Prime Minister of the Republic; determines the structure of the Government on the proposal of the Prime Minister; appoints members of the Government; independently appoints Ministers of Foreign Affairs, Defense, and Internal Affairs; dismisses members of the Government; takes the oath of office of members of the Government; if necessary, chairs Government meetings on particularly important issues.

governors and mayors of regions, cities of republican significance and the capital are appointed by the President of the Republic.

The President of the Republic of Kazakhstan:

3) after consultations with factions of political parties represented in the Mazhilis of  Parliament, submits for consideration of the Mazhilis for consent the candidature of the Prime Minister of the Republic; with consent of the Mazhilis of Parliament, appoints the Prime Minister of the Republic to office; releases the Prime Minister of the Republic from office; upon recommendation of the Prime Minister, submitted after consultations with the Mazhilis of Parliament, appoints members of the Government to office; appoints independently the Ministers of Foreign Affairs, Defence and Internal Affairs; dismisses members of the Government; administers the oath of office for members of the Government; chairs Government sittings on particularly important matters if needed.

Article 44

Sub-paragraph 4

The President of the Republic of Kazakhstan shall:

4) with the consent of the Senate of the Parliament, appoint the Chairperson of the National Bank, the Prosecutor General and the Chairperson of the National Security Committee of the Republic of Kazakhstan; dismiss them from office;

The President of the Republic of Kazakhstan shall:

4) with the consent of the Senate of the Parliament, appoint the Chairperson of the Constitutional Court, the Chairperson of the National Bank, the Chairperson of the Supreme Judicial Council, the Prosecutor General and the Chairperson of the National Security Committee of the Republic of Kazakhstan; dismiss them from office;

Article 44
sub-paragraph 7

The President of the Republic of Kazakhstan shall:

7) appoint for a term of five years the Chairman and two members of the Central Election Commission, the Chairman and two members of the Accounts Committee for Control over Execution of the Republican Budget;

The President of the Republic of Kazakhstan shall:

7) appoint for a term of five years the Chairman and two members of the Central Election Commission, the Chairman and two members of the Supreme Audit Chamber;

Article 44
sub-paragraph 10-1

The President of the Republic of Kazakhstan shall:

10-1) in the interests of protection of the rights and freedoms of an individual and citizen, ensuring national security, sovereignty and integrity of the state, direct a request to the Constitutional Council to review a law or other legal act, which has come into force, for compliance with the Constitution of the Republic, to issue an opinion in the case stipulated by paragraph 3 of Article 91 of the Constitution of the Republic of Kazakhstan;

The President of the Republic of Kazakhstan shall:

10-1) in the interests of protection of the rights and freedoms of an individual and citizen, ensuring national security, sovereignty and integrity of the state, direct a request to the Constitutional Court to review a law or other legal act, which has come into force, for compliance with the Constitution of the Republic, to issue an opinion in the case stipulated by paragraph 3 of Article 91 of the Constitution of the Republic of Kazakhstan;

Article 44
Sub-paragraph 19

The President of the Republic of Kazakhstan shall:

19) appoint and dismiss the Secretary of State of the Republic of Kazakhstan, determine his status and powers; form the Administration of the President of the Republic;

The President of the Republic of Kazakhstan shall:

19) appoint and dismiss the Advisor of State of the Republic of Kazakhstan, determine his status and powers; form the Administration of the President of the Republic;

Article 46

Paragraph 4

4. The status and powers of the First President of Kazakhstan are determined by the Constitution of the Republic and constitutional law.

4.     Excluded

Article 47
Paragraph 1

1. The President of the Republic of Kazakhstan may be prematurely removed from office in the event of sustained incapacity to conduct his duties due to illness. In this case the Parliament shall form a commission consisting of equal numbers of deputies from each Chamber and specialists in the respective areas of health. The decision of premature release shall be adopted at a joint session of the Parliament’s Chambers by the majority of no less than three-fourths from the total number of deputies of each Chamber on the basis of the commission’s conclusion and the conclusion of the Constitutional Council on the observance of the established constitutional procedures.

1.   The President of the Republic of Kazakhstan may be prematurely removed from office in the event of sustained incapacity to conduct his duties due to illness. In this case the Parliament shall form a commission consisting of equal numbers of deputies from each Chamber and specialists in the respective areas of health. The decision of premature release shall be adopted at a joint session of the Parliament’s Chambers by the majority of no less than three-fourths from the total number of deputies of each Chamber on the basis of the commission’s conclusion and the conclusion of the Constitutional Court on the observance of the established constitutional procedures.

Article 47
Paragraph 2

2. The President of the Republic shall bear responsibility for actions committed in the performance of his duties only in the case of high treason and may be discharged from office by Parliament for this. The decision to bring an accusation and its investigation may be adopted by the majority of the total number of the deputies of the Mazhilis at the initiative of no less than one-third of its deputies. The investigation of the accusation shall be organised by the Senate and its results shall be conveyed by the majority of votes of the total number of the deputies of the Senate to a joint session of the Parliament's Chambers. The final decision on this issue shall be adopted at a joint session of the Parliament's Chambers by the majority of no less than three-fourths of the total number of the deputies of each Chamber, provided the Supreme Court concludes the validity of the accusation and the Constitutional Council concludes that the established constitutional procedures were observed. The failure to arrive at a final decision within two months from the moment of the accusation shall result in declaring the accusation against the President of the Republic rejected. The rejection of the accusation of the President of the Republic of high treason at any stage shall result in the premature termination of the powers of the deputies of the Mazhilis who initiated consideration of this question.

2. The President of the Republic shall bear responsibility for actions committed in the performance of his duties only in the case of high treason and may be discharged from office by Parliament for this. The decision to bring an accusation and its investigation may be adopted by the majority of the total number of the deputies of the Mazhilis at the initiative of no less than one-third of its deputies. The investigation of the accusation shall be organised by the Senate and its results shall be conveyed by the majority of votes of the total number of the deputies of the Senate to a joint session of the Parliament's Chambers. The final decision on this issue shall be adopted at a joint session of the Parliament's Chambers by the majority of no less than three-fourths of the total number of the deputies of each Chamber, provided the Supreme Court concludes the validity of the accusation and the Constitutional Court concludes that the established constitutional procedures were observed. The failure to arrive at a final decision within two months from the moment of the accusation shall result in declaring the accusation against the President of the Republic rejected. The rejection of the accusation of the President of the Republic of high treason at any stage shall result in the premature termination of the powers of the deputies of the Mazhilis who initiated consideration of this question.

Article 50
Paragraph 2

2. The Senate shall be composed of deputies as prescribed by the constitutional law - two deputies from each region, city of national significance and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate shall be appointed by the President of the Republic taking into consideration the necessity to ensure representation in the Senate of national-cultural and other important interests of the society.

2. The Senate shall be composed of deputies as prescribed by the constitutional law - two deputies from each region, city of national significance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate shall be appointed by the President of the Republic, five of them at the recommendation of the Assembly of the People of Kazakhstan.

Article 50
Paragraph 3

3. The Mazhilis shall consist of one hundred and seven deputies elected according to the procedure established by constitutional law.

3. The Mazhilis shall consist of ninety-eight deputies elected according to the procedure established by the constitutional law under the mixed electoral system: by the system of proportional representation in a single nationwide electoral district as well as in single-mandate territorial electoral districts.

Article 51
Paragraph1

1. Ninety-eight deputies of the Mazhilis shall be elected on the basis of universal, equal and direct suffrage by a secret ballot. Nine deputies of the Mazhilis shall be elected by the Assembly of the People of Kazakhstan. Regular elections of the deputies of the Mazhilis shall be held not later than two months before the term of office of the current convocation of Parliament expires.

1. The election of deputies of the Mazhilis shall be conducted on the basis of universal, equal and direct suffrage by secret ballot. Regular elections of the deputies of the Mazhilis shall be held not later than two months prior to the expiration of the term of office of the current convocation of the Parliament.

Article 52

Paragraph 5

5. The powers of a deputy of Parliament shall terminate in cases of his or her resignation, death, recognition of a deputy as incompetent by a court decision that has entered into legal force, death or absence from office and other cases stipulated by the Constitution and constitutional law.

A deputy of the Mazhilis of Parliament shall lose his/her mandate if there is:

1) withdrawal or expulsion of a deputy from the political party from which, in accordance with the constitutional law, he/she was elected;

2) termination of the activity of the political party from which the deputy was elected in accordance with the constitutional law.

5. The powers of a deputy of Parliament shall terminate in cases of his or her resignation, death, recognition of a deputy as incompetent by a court decision that has entered into legal force, death or absence from office and other cases stipulated by the Constitution and constitutional law.

A deputy of the Mazhilis of Parliament shall lose his/her mandate if there is:

1) withdrawal or expulsion of a deputy from the political party from which, in accordance with the constitutional law on the basis of a party list, he/she was elected;

2) termination of the activity of the political party from which the deputy was elected in accordance with the constitutional law on the basis of the party list.

3) recall by the electorate, in accordance with the procedure determined by constitutional law, of a deputy elected in a single-member territorial constituency.

Article 53

New sub-clause 1-1

Parliament at a joint session of the Chambers:

missing;

Parliament at a joint session of the Chambers:

1-1) adopt constitutional laws;

Article 53

New sub-paragraph 1-2

The Parliament in a joint session of the Houses:

1-2) missing;

The Parliament in a joint session of the Houses:

1-2) conducts a repeated discussion and votes on constitutional laws or articles of constitutional law that have given rise to objections by the President of the Republic within one month from the date of the objection. Failure to comply with this deadline shall constitute acceptance of the President's objections. If the Parliament, by a three-quarter majority of the total number of Deputies of each Chamber, overcomes the objections of the President, the President signs the constitutional law within one month. If the President's objections are not overruled, the constitutional law is not adopted or is adopted in the version proposed by the President;

Article 53
sub-paragraph 2

2) approve the reports of the Government and the Accounts Committee for Control over Execution of the Republican Budget on execution of the Republican Budget. Failure to approve the report of the Government on execution of the national budget by the Parliament shall mean a vote of no confidence in the Government

2) approve the reports of the Government and the Supreme Chamber of Audit. Failure to approve the report of the Government on the execution of the national budget by Parliament shall mean a vote of no confidence in the Government

Article 53

Sub-paragraph 6

Parliament at a joint session of the Chambers:

6) hears annual messages from the Constitutional Council on the state of constitutional legality in the Republic;

Parliament at a joint session of the Chambers:

6) hears annual messages from the Constitutional Court on the state of constitutional legality in the Republic;

Article 54
Paragraph 1

1. Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate shall adopt constitutional laws and other laws, including:

1. Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate, shall adopt laws, including:

Article 54
sub-paragraph 2 of the paragraph 7

2. Conducts a repeated discussion and votes on the laws or articles of law that have given rise to objections by the President of the Republic within one month of the day on which the objections were sent. Failure to observe this term shall constitute acceptance of the President's objections. If the Mazhilis and the Senate by the majority of two-thirds of votes of the total number of deputies of each Chamber confirm the decision taken earlier, the President shall sign the law within one month. If the President's objections are not overruled by at least one of the Chambers, the law shall be considered as not adopted or adopted in the wording proposed by the President. Objections of the Head of the state on the constitutional laws passed by the Parliament are considered in the order provided by the present subparagraph. Thus objections of the President on constitutional laws are overcome by the Parliament not less than three-fourths of votes of total number of deputies of each Chamber.

2) Conducts a repeated discussion and votes on the laws or articles of law that have given rise to objections by the President of the Republic within one month of the day on which the objections were sent. Failure to observe this term shall constitute acceptance of the President's objections.

If the Mazhilis and the Senate, by a two-thirds majority of the total number of deputies of each Chamber, override the President's objections, the President signs the law within one month. If the President’s objections are not overruled by at least one of the Chambers, the law shall be considered as not adopted or adopted in the wording proposed by the President.

Article 55
sub-paragraph 2

The exclusive jurisdiction of the Senate includes:

2) giving consent for the appointment by the President of the Republic of the Chairperson of the National Bank, the Prosecutor General, the Chairperson of the National Security Committee of the Republic.

The exclusive jurisdiction of the Senate includes:

2) giving consent to the appointment by the President of the Republic of the Chairperson of the Constitutional Court, the President of the National Bank, the Chairperson of the Supreme Judicial Council, the Prosecutor General and the Chairperson of the National Security Committee of the Republic.

Article 55
Sub-paragraph 3

The exclusive jurisdiction of the Senate includes:

3) Waiving the immunity of the Prosecutor General, the President and judges of the Supreme Court of the Republic.

The exclusive jurisdiction of the Senate includes:

3) Waiving the immunity of the Prosecutor General, the President and judges of the Supreme Court of the Republic and the Commissioner for Human Rights in the Republic of Kazakhstan;

Article 56
sub-paragraph 1 of paragraph  1

1. The exclusive competence of the Mazhilis includes:

1) the adoption for consideration of draft constitutional laws and laws submitted to the Parliament and the consideration of these drafts;

1. The exclusive competence of the Mazhilis includes:

1) adoption of draft constitutional laws and laws submitted to the Parliament for consideration;

Article 56
New sub-paragraph 3-1 of paragraph 1

1. The exclusive competence of the Mazhilis includes:

3-1) is missing;

1. The exclusive competence of the Mazhilis includes:

3-1) hearing twice a year the report of the Chairperson of the Supreme Audit Chamber;

Article 57
sub-paragraph 1

Each of the Houses of Parliament independently, without the involvement of the other House:

1) appoints two members of the Constitutional Council; appoints two members of the Central Electoral Commission, three members of the Accounts Committee for Controlling the Execution of the Republican Budget for a five-year term;

Each of the Houses of Parliament independently, without the involvement of the other House:

(1) Appoints three judges of the Constitutional Court; appoints two members of the Central Electoral Commission and three members of the Supreme Chamber of Audit for a five-year term;

Article 58
sub-paragraph 7 paragraph 3

3. Chairpersons of the Chambers of the Parliament:

7) Submit candidates to the Chambers for appointment to the Constitutional Council, the Central Election Commission, and the Accounts Committee for Controlling the Execution of the Republican Budget;

3. Chairpersons of the Chambers of the Parliament:

7) submit candidates to the Chambers for appointment as judges of the Constitutional Court, members of the Central Election Commission, and the Supreme Court of Audit;

Article 61

New part of paragraph 2

2. The President of the Republic has the right to determine the priority of the consideration of draft laws, which means that the relevant draft laws must be adopted as a matter of priority within two months.

2. The President of the Republic has the right to determine the priority of the consideration of draft laws, which means that the relevant draft laws must be adopted as a matter of priority within two months.

Bills introduced by way of legislative initiative of the Government of the Republic in order to promptly respond to conditions endangering the life and health of the population, the constitutional order, the protection of public order and the economic security of the country shall be considered by Parliament immediately at a joint session of its Chambers.

Article 61
New part three paragraph 3

3. The Parliament has the right to enact laws that regulate the most important social relations and establish fundamental principles and norms concerning:

1) the legal capacity of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;

2) regime of property and other proprietary rights;

3) the basis of organization and activities of state and local self-government bodies, state and military service;

4) taxation, levies and other mandatory payments;

5) the republican budget;

6) questions of the judicial system and legal proceedings;

7) matters of education, public health and social security;

8) privatisation of enterprises and their property;

9) environmental protection;

10) the administrative-territorial structure of the Republic;

11) ensuring the defence and security of the state.

All other relations are regulated by subordinate legislation.

3. The Parliament has the right to issue laws that regulate the most important social relations, establish fundamental principles and norms related to:

1) the legal personality of individuals and legal entities, civil rights and freedoms, obligations and responsibilities of individuals and legal entities;

2) the regime of ownership and other property rights;

3) the principles of organization and activity of state and local self-government bodies, state and military service;

4) taxation, establishment of fees and other mandatory payments;

5 state budget;

6) issues related to the judicial system and judicial proceedings;

7) education, health care and social security;

8) privatization of enterprises and their property;

9) environmental protection;

10) administrative and territorial structure of the Republic;

11) ensuring state defense and security.

All other relations are regulated by bylaws.

If the draft laws provided for in part two of paragraph 2 of this Article are submitted to Parliament, the Government of the Republic has the right to adopt, under its own responsibility, temporary normative legal acts with the force of law on the issues specified in part one of this paragraph, which are valid until the laws adopted by the Parliament come into force or until the laws are not adopted by the Parliament.

Article 61
Paragraphs 4, 5 and 5-1

4. A draft law considered and approved by the majority of votes of the total number of deputies of the Mazhilis shall be sent to the Senate, where it shall be considered for no more than sixty days. A draft adopted by the majority of votes from the total number of the deputies of the Senate becomes a law and within ten days it shall be submitted to the President for his signature. A draft rejected as a whole by the majority of votes from the total number of the deputies of the Senate shall be returned to the Mazhilis. If the Mazhilis approves the draft of law again by the majority of two-thirds of votes from the total number of its deputies, it shall be sent to the Senate for a second discussion and voting. A draft of law that has been repeatedly rejected may not be reintroduced during the same session.

5. Amendments and additions to the bill made by the majority of votes from the total number of deputies of the Senate shall be sent to the Mazhilis. If the Mazhilis by the majority of votes from the total number of deputies agrees with the proposed amendments and additions, the law shall be deemed adopted. If the Mazhilis by the same majority of votes objects to the amendments and additions made by the Senate, the disagreement between the Chambers shall be resolved by conciliation procedures.

5-1. The draft of the constitutional law considered and approved not less than two thirds of votes from total number of deputies of the Mazhilis shall be sent to the Senate where it shall be considered for not more than sixty days. The draft adopted by not less than two-thirds of votes from the total number of the deputies of the Senate shall become the constitutional law and within ten days shall be submitted to the President of the Republic for his signature. The rejection of the whole draft of the constitutional law shall be carried out by the Mazhilis or the Senate by the majority of votes from total number of the deputies of the Chamber.

Amendments and additions to the to the draft constitutional law introduced by the Senate by at least two-thirds of the votes of its deputies shall be sent to the Mazhilis. If the Mazhilis, agrees with the amendments and additions made by the Senate by at least two-thirds of the votes of its deputies, the constitutional law shall be considered accepted.

If the Mazhilis, when voting on the amendments and additions made by the Senate, did not agree with them by at least two-thirds of the votes of the deputies, then the disagreements between the Chambers shall be resolved by conciliation procedures.

4. A law adopted by a majority of votes of the total number of deputies of the Mazhilis shall be sent to the Senate, where it shall be considered for not more than sixty days.

The Mazhilis has the right to reject a draft law as a whole by a majority vote of the total number of deputies. A rejected draft law shall be deemed rejected and returned to the initiator.

A law approved by the majority of votes of the total number of the deputies of the Senate shall be submitted to the President for his signature within ten days. If the Senate does not approve the law as a whole or its individual articles, the law shall be returned to the Mazhilis. At the same time, the Senate shall have the right to propose to the Mazhilis a new version of certain articles of the law.

If the Senate fails to reach a decision within sixty days, the law shall be submitted to the President for his signature.

5. If the Mazhilis by the majority of votes of the total number of deputies agrees with the wording of certain articles of the law proposed by the Senate, the law shall be deemed to be adopted by the Mazhilis in a new version and approved by the Senate and within ten days shall be submitted to the President for signing.

If the Mazhilis by the same majority of votes objects to the wording of certain articles of the law proposed by the Senate, and also in case if the Senate has not approved the law as a whole, the disagreement between the Chambers shall be resolved by conciliation procedures.

The wording of the law worked out by the conciliation commission shall be subject to consideration by the Mazhilis and the Senate in the order established by paragraph 4 of this article.

In cases when the Mazhilis by the majority of votes from total number of deputies of the Chamber has not accepted the law in the version proposed by the conciliation commission, the Mazhilis shall hold repeated voting on the law in the earlier adopted version.

If at repeated voting the Mazhilis by the majority of two-thirds of votes from total number of deputies of the Chamber confirms the earlier adopted decision, the law within ten days shall be submitted to the President for his signature.

If a law shall not gain the specified majority of votes of the deputies of the Mazhilis, it shall be considered as not adopted and returned to its initiator.

Article 62
Paragraph 5

5. Legislative acts of the Parliament and its Chambers shall be adopted by a majority vote of the total number of deputies of the Chambers unless otherwise envisaged by the Constitution.

5. Laws shall be adopted by the Mazhilis, approved by the Senate by the majority of votes of the total number of the deputies of the Chambers, unless otherwise envisaged by the Constitution.

Decisions of the Parliament and its Chambers shall be adopted by the majority of votes of the total number of the deputies of the Chambers unless otherwise stipulated by the Constitution.

Article 62
Paragraph 6

6. It shall be obligatory to hold at least two readings on amendments and additions to the Constitution of the Republic of Kazakhstan.

6. It shall be obligatory to hold at least two readings on amendments and additions to the Constitution, on draft constitutional law of the Republic of Kazakhstan.

Section VI

Constitutional Council

Constitutional Court

Article 71

1. The Constitutional Council of the Republic of Kazakhstan consists of seven members, whose terms of office last for six years. Former Presidents of the Republic are life members of the Constitutional Council by right.

2. The Chairperson of the Constitutional Council is appointed by the President of the Republic, and in the event of a split of votes, his vote is decisive.

3. Two members of the Constitutional Council are appointed by the President of the Republic, while the Senate and Mazhilis appoint two members of the Constitutional Council each.

Half of the members of the Constitutional Council are renewed every three years.

4. The position of a Chairperson and a member of the Constitutional Court are incompatible with a deputy’s mandate, holding other paid positions other than teaching, scientific or other creative activities, carrying out entrepreneurial activities, or being a member of the governing body or supervisory board of a commercial organization.

5. The Chairperson and members of the Constitutional Council during their term of office may not be arrested, subjected to summons, subject to administrative penalties imposed in court, or brought to criminal responsibility without the consent of the Parliament, except in cases of detention at the scene of a crime or committing serious crimes.

6. Organization and activity of the Constitutional Council members are regulated by constitutional law.

 1. The Constitutional Court the Republic of Kazakhstan consists of eleven judges, including the Chairperson whose terms of office last for six years.

The same person may not be appointed a judge of the Constitutional Court more than twice in a row.

2. The Chairperson of the Constitutional Court is appointed by the President of the Republic with the consent of the Senate of Parliament.

3. Four judges of the Constitutional Court are appointed by the President of the Republic, while the Senate and the Mazhilis appoint three judges of the Constitutional Court each.

The Deputy Chairman of the Constitutional Court is appointed by the President of the Republic on the recommendation of the Chairman of the Constitutional Court from among the judges of the Constitutional Court.

4. The position of a judge of the Constitutional Court is incompatible with a deputy's mandate, holding other paid positions, except for teaching, scientific or other creative activities, carrying out entrepreneurial activities, and being a member of the governing body or supervisory board of a commercial organization.

5. Judges of the Constitutional Court during their term of office may not be arrested, brought to trial, subjected to administrative penalties imposed in court, or brought to criminal responsibility without the consent of the Parliament, except in cases of detention at the scene of a crime or committing serious crimes.

6. Organization and activity of the Constitutional Court are regulated by constitutional law.

Article 72

1. The Constitutional Council on the request of the President of the Republic of Kazakhstan, the Chairman of the Senate, the Chairman of the Mazhilis, at least one fifth of the total number of deputies of the Parliament, the Prime Minister:

…

2. The Constitutional Council considers requests of the President of the Republic in cases provided for in article 44 of the Constitution (10-1) , as well as requests of the courts in cases established by Article 78 of the Constitution.

1. The Constitutional Court on the request of the President of the Republic of Kazakhstan, the Chairman of the Senate, the Chairman of the Mazhilis, at least one fifth of the total number of deputies of the Parliament, the Prime Minister:

…

2. The Constitutional Court considers requests of the President of the Republic in cases provided for in subparagraph 10-1) of Article 44 of the Constitution, as well as requests of the courts in cases established by Article 78 of the Constitution.

3.  The Constitutional Court, based on citizens’ requests, considers regulatory legal acts of the Republic of Kazakhstan that directly affect their rights and freedoms enshrined in the Constitution 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.

4. The Constitutional Court, based on the requests of the Prosecutor General of the Republic, considers the issues specified in sub-paragraphs 3) and 4) of paragraph 1 of this Article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution of the Republic.

5. The Constitutional Court, on the basis of appeals from the Commissioner for Human Rights, reviews normative legal acts that affect the rights and freedoms of a person and citizen enshrined in the Constitution for compliance with the Constitution of the Republic.

Article 73

1. In case of applying to the Constitutional Council on issues specified in sub-paragraph 1) of item 1 of Article 72 of the Constitution, the assumption of office of the President, registration of elected deputies of Parliament or counting the results of a republican referendum are suspended.

2. In case of applying to the Constitutional Council on issues specified in sub-paragraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution, the term of signing or ratification of the relevant acts is suspended.

3. The Constitutional Council makes its decision within one month from the date of receipt of the request. This period may be reduced to ten days at the request of the President of the Republic if the matter is urgent.

1. In case of applying to the Constitutional Court on the issues specified in sub-paragraph 1) of paragraph 1 of Article 72 of the Constitution, the assumption of office of the President, registration of elected deputies of Parliament or counting the results of a republican referendum are suspended.

2. In case of applying to the Constitutional Court on the issues specified in sub-paragraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution, the term of signing or ratification of the relevant acts is suspended.

3. The Constitutional Court makes its decision within the time limits established by the constitutional law.

Article 74
Paragraph 2

 2. Laws and other legal acts deemed unconstitutional, including those that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution, are repealed and are not subject to application.

2. Laws and other legal acts, their individual provisions deemed unconstitutional, including those that infringe on the rights and freedoms of a person and citizen enshrined in the Constitution, are repealed and are not subject to application from the date when the Constitutional Court makes a decision or from the date established by it.

Article 74
Paragraph 3

3. Decisions of the Constitutional Council shall come into force from the day of their adoption, shall be binding on the entire territory of the Republic, final and not subject to appeal.

3. Decisions of the Constitutional Court shall come into force from the day of their adoption, shall be generally binding on the entire territory of the Republic, final and not subject to appeal.

Section VII

Courts and justice

Courts and justice. Prosecutor’s Office. Ombudsperson for Human Rights

Article 78

Courts may not apply laws and other normative legal acts infringing upon the rights and freedoms of an individual and a citizen enshrined in the Constitution. If a court finds that a law or other normative legal act to be applied infringes upon the rights and freedoms of an individual and a citizen enshrined in the Constitution, it shall suspend proceedings and address the Constitutional Council with a proposal to declare this act unconstitutional.

Courts may not apply laws and other normative legal acts infringing upon the rights and freedoms of an individual and a citizen enshrined in the Constitution. If a court finds that a law or other normative legal act to be applied infringes upon the rights and freedoms of man and citizen enshrined in the Constitution, it must suspend proceedings and apply to the Constitutional Court with a proposal to declare this act unconstitutional.

Article 82
Paragraphs 4, 5

4. The Supreme Judicial Council is composed of a Chairperson and other persons appointed by the President of the Republic.

5. The status and organization of the work of the Supreme Judicial Council shall be determined by law.

4.  The Supreme Judicial Council is composed of a Chairperson and other persons appointed by the President of the Republic. The Chairperson of the Supreme Judicial Council shall be appointed by the President of the Republic with the consent of the Senate of Parliament.

5. The status, composition and organization of the work of the Supreme Judicial Council shall be determined by law.

Article 83
Paragraph 4

4. The competence, organization and activities of the Prosecutor's Office are determined by law.

4. The competence, organization and activities of the Prosecutor's Office are determined by the constitutional law.

Article 83-1
New version

Absent.

1. The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, enhances the promotion of human and civil rights and freedoms.

2. In the exercise of his/her powers, the Commissioner for Human Rights is independent and unaccountable to state bodies and officials.

3. During the term of his/her office, the Commissioner for Human Rights may not be arrested, brought to trial, subjected to administrative penalties imposed 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.

4. The legal status and organization of the activities of the Commissioner for Human Rights are determined by the constitutional law.

Article 87
Paragraphs 4, 5

4. Governors and mayors of regions, cities of national significance and the capital are appointed by the President of the Republic with the consent of Maslikhats of regions, cities of national significance and the capital, respectively. Governors of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure established by law. The President of the Republic has the right to dismiss governors and mayors from their posts at his own discretion.

 5. At the initiative of at least one-fifth of the total number of Maslikhat deputies, the issue of expressing a vote of no confidence in the governor and mayor may be raised. In this case, the Maslikhat, by a majority vote of the total number of its deputies, has the right to express no confidence in the governor and mayor and raise the issue of his dismissal to the President of the Republic or a higher governor, respectively. The powers of governors and mayors of regions, cities of national significance and the capital are terminated upon the assumption of office of the newly elected President of the Republic.

4. Governors and mayors of regions, cities of national significance and the capital are appointed by the President of the Republic with the consent of deputies of Maslikhats located in the territory of the region, or deputies of Maslikhats of cities of national significance and the capital, respectively.

The President of the Republic shall propose at least two candidates to be voted on. A candidate who receives more votes from the Maslikhat deputies who took part in the voting is considered to have received approval.

Governors and mayors of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure established by law. The President of the Republic has the right to dismiss governors and mayors of regions, cities of national significance and the capital from their posts at his own discretion.

5. At the initiative of at least one-fifth of the total number of Maslikhat deputies, the issue of expressing a vote of no confidence in the governor may be raised. In this case, the Maslikhat by a majority vote of the total number of its deputies, has the right to express no confidence in the governor and raise the issue of his dismissal from office, respectively, to the President of the Republic in relation to the governors and mayors of regions, cities of national significance and the capital, or a higher governor in relation to the governors and mayors of other administrative-territorial units. The powers of governors and mayors of regions, cities of national significance and the capital are terminated upon the assumption of office of the newly elected President of the Republic.

Article 88

Paragraph 4

4. Decisions and orders of governors and mayors may be annulled, respectively, by the President, the Government of the Republic of Kazakhstan or a higher governor, as well as in a judicial procedure.

4. Decisions and orders of governors and mayors may be annulled, respectively, by the Government of the Republic of Kazakhstan or a higher governor, as well as in a judicial procedure.

Article 91

Paragraph 2

2. The independence of the state, the unitarity and territorial integrity of the Republic, the form of its government as well as the fundamental principles of the Republic, which were laid down by the Founder of independent Kazakhstan, the First President of the Republic of Kazakhstan - Elbasy, and his status shall be inviolable.

2. The independence of the state, the unitarity and territorial integrity of the Republic, the form of its government and the fundamental principles of the Republic, which were laid down by the Constitution, shall be inviolable.

Article 91
Paragraph 3

3. Changes and additions to the Constitution of the Republic shall be submitted to the republican referendum or to the Parliament of the Republic for consideration if the opinion of the Constitutional Council on their compliance with the requirements established by paragraph 2 of this article is available.

3. Changes and additions to the Constitution of the Republic shall be submitted to the republican referendum or to the Parliament of the Republic for consideration if the opinion of the Constitutional Court on their compliance with the requirements established by paragraph 2 of this article is available.

Article 99
New version

Absent.

1. Until the formation of the Constitutional Court and the Supreme Court of Audit, the chairpersons and members of the Constitutional Council and the Counting Committee for Control of the Execution of the Republican Budget shall retain their powers.

The Constitutional Council shall exercise the functions of the Constitutional Court provided for by paragraphs 1 and 2 of Article 72 of the Constitution pending the formation of the Constitutional Court.

2. The regulatory resolutions of the Constitutional Council shall be applied in the part not contradicting the Constitution before their review by the Constitutional Court.

3. Provisions of the Constitution of the Republic of Kazakhstan about the formation of Parliament's Chambers shall be applied from the beginning of elections of deputies of the Mazhilis of Parliament of the eighth convocation.

Article 2 of a draft

Law on amendments to Constitution of Kazakhstan

1. The provisions of the Constitution of the Republic of Kazakhstan determining the procedure for adoption of constitutional laws and laws as well as the activity of the Constitutional Court shall be brought into effect from January 1, 2023.

The draft laws approved by the Mazhilis and being under consideration by Parliament as of January 1, 2023, shall be considered laws and shall be considered in the order established by Article 61 of the Constitution of the Republic of Kazakhstan.

2. The norms of the Constitution of the Republic of Kazakhstan establishing a new procedure of granting powers to officials shall be enacted upon expiration of their term of office or termination of powers of those officials unless otherwise stipulated by the Constitution of the Republic of Kazakhstan.

3. Prior to formation of the Supreme Audit Institution, the Accounts Committee for Control over Execution of the Republican Budget shall continue to exercise functions.

Article 3 of a draft

Law on amendments to Constitution of Kazakhstan

This law shall be enacted from the date of official publication of the announcement of the results of the referendum, subject to the provisions of Article 2 of this law.