Factsheet on the six laws signed by President Kassym-Jomart Tokayev

Overview

On November 5, 2022, President of Kazakhstan Kassym-Jomart Tokayev signed several important laws adopted following the results of the national referendum on amendments and additions to the Constitution held in June 2022. He emphasized that the results of the referendum lead to the formation of a new model of interaction between the branches of government, enable citizens to participate in governance, and strengthen guarantees for the protection of human rights and freedoms.

The Head of State signed six laws.

 

Six laws signed by President Tokayev

1. Constitutional Law of the Republic of Kazakhstan “On the Constitutional Court of the Republic of Kazakhstan”

• The Constitutional Court will start operating on January 1, 2023.
• The Constitutional Court will consist of 11 judges, including the Chairperson and his Deputy.
• Four judges will be appointed by the President, six judges by parliament, three by each chamber. The Chairperson of the Constitutional Court is appointed by the President with the consent of the Senate, the Deputy Chairperson is appointed by the President on the proposal of the Chairperson of the Constitutional Court from among the judges.
• The Constitutional Court, as the legal successor of the Constitutional Council, will consider issues that were previously considered by the Constitutional Council. They include questions of the appropriateness of holding elections and referendums, the official interpretation of the norms of the Constitution and other related topics.
• Citizens will be able to apply to the Constitutional Court with requests regarding the compliance with the Constitution of normative legal acts that directly affect citizens’ constitutional rights and freedoms. Essentially, anyone who believes that normative legal acts directly impact their constitutional rights will be able to apply to the Constitutional Court for legal protection.
• The Commissioner for Human Rights can apply to the Constitutional Court with issues regarding the compliance with the Constitution of normative legal acts that affect the constitutional rights and freedoms of citizens.
• The Prosecutor General can appeal to the Constitutional Court, taking into account that he most often encounters various violations of the constitutional rights of citizens.
• Acts recognised as unconstitutional by the Constitutional Court will be void.

 

2. Constitutional Law “On the Commissioner for Human Rights in the Republic of Kazakhstan”

• In line with the law, the Commissioner for Human Rights will be able to apply to the Constitutional Court regarding issues of compliance with the Constitution of regulatory legal acts affecting the fundamental rights of citizens.
• Functions of the Commissioner for Human Rights have been strengthened. The Commissioner has the right to unrestricted visits to organisations that provide special social services and institutions of the penitentiary system, as well as to conduct conversations with persons within such institutions, using audio and video recording, if consent is provided.
• The Commissioner will consider complaints from citizens, foreigners, and stateless persons in Kazakhstan. If a potential violation is suspected, the Commissioner can apply to court with a claim to defend the rights and freedoms of a person or persons whose rights have been violated by decisions or actions (inaction) of the state.
• The Commissioner can also submit recommendations and proposals to the Government and state bodies on measures to prevent violations and restore the rights and freedoms of citizens.

 

3. Constitutional Law “On the Prosecutor’s Office”

• The Prosecutor General has the right to apply to the Constitutional Court (as explained above).
• The Prosecutor General will also have the right to apply to the Supreme Court with a proposal to give an explanation to the courts on issues of judicial practice, which will have a positive impact on issues of justice.
• Normative legal acts of the Prosecutor General concerning the rights, freedoms and duties of citizens will have to be officially published.

 

4. Constitutional Law “On amendments and additions to some constitutional laws of the Republic of Kazakhstan on the implementation of the Address of the Head of State dated March 16, 2022”

• The law is developed to implement the amendments made to the Constitution, as well as the Address of the President to the people of Kazakhstan on March 16.
• Amendments include:
• Transition to a mixed electoral system in the elections of members of the Mazhilis (lower house of parliament) and maslikhats (local representative bodies) of regions, cities of republican significance and the capital.
• Elections of akims of districts (cities of regional significance). Citizens will be able to elect akims or nominate their candidacy.
• Introduction of a procedure for recalling members of the Mazhilis and maslikhats elected in a single-mandate constituency, if citizens have lost confidence in such member.
• Close relatives of the President are banned from holding political positions and managerial roles in quasi-public sector organisations.
• A ban on foreign interference in the preparation and conduct of elections. For example, observers from political parties, accredited public associations and non-profit organisations are required to have citizenship of Kazakhstan.

 

5. Constitutional Law “On Amendments and additions to some legislative acts of the Republic of Kazakhstan on the implementation of the Address of the Head of State dated March 16, 2022”

• Amendments include:
• Provision that the land, its subsoil, water, flora and fauna, and other natural resources belong to the people of Kazakhstan.
• Introduction of elections of akims of districts (cities of regional significance).
• Akims and their deputies cannot hold positions in branches and representative offices of political parties.
• Simplified procedure for registering political parties. For example, number of signatures required to form a party is reduced from 20,000 to 5,000. As such, it will be possible to create a political party with a smaller number of members.
• A new procedure for agreeing candidates for akims of regions, cities of republican significance and the capital by members of maslikhats of the region.

 

6. Constitutional Law “On Amendments and additions to the Code of the Republic of Kazakhstan on Administrative Violations”

• Administrative responsibility is introduced for:
• Display of disrespect towards the Constitutional Court or its judge.
• Obstruction of the legal functions of a representative of the Commissioner for Human Rights.
• Distribution by representatives of TV and radio broadcasting of any campaign materials.
• Publication online of materials that deliberately discredits the honour, dignity and reputation of a candidate or political party.