Constitution of the Republic of Kazakhstan

Constitution Of The Republic Of Kazakhstan

We, the people of Kazakhstan, United by a common historical destiny, creating a state on the native Kazakh land, recognizing ourselves as a peaceful civil society committed to the ideals of freedom, equality and harmony, wishing to take a worthy place in the world community, realizing our high responsibility to the present and future generations, based on our sovereign right, accept this CONSTITUTION.

Section I. Generalities

Article 1

The Republic of Kazakhstan claims to be a democratic, secular, legal and social state, the highest values of which are the person, his life, rights and freedoms.
The fundamental principles of the Republic's activity are: social harmony and political stability, economic development for the benefit of all the people, Kazakhstan's patriotism, solving the most important issues of public life by democratic methods, including voting in a national referendum or in Parliament.

Article 2

The Republic of Kazakhstan is a unitary state with a presidential form of government.
The Republic's sovereignty extends to its entire territory. The state ensures the integrity, inviolability and inviolability of its territory.
The administrative and territorial structure of the Republic and the status of its capital are determined by law. The capital of Kazakhstan is Astana.
The names Republic of Kazakhstan and Kazakhstan are equivalent.

Article 3

The only source of state power is the people.
The people exercise power directly through a national referendum and free elections, and delegate the exercise of their power to state bodies.
No one can appropriate power in the Republic of Kazakhstan. The appropriation of power is punishable by law. The right to speak on behalf of the people and the state belongs to the President, as well as to the Parliament of the Republic within the limits of its constitutional powers. The government of the Republic and other state bodies act on behalf of the state within the limits of their delegated powers.
State power in the Republic is unified and is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, Executive and judicial branches and interaction with each other using a system of checks and balances.

Article 4

The current law in the Republic of Kazakhstan is the norms of the Constitution, relevant laws, other normative legal acts, international Treaty and other obligations of the Republic, as well as normative decisions of the constitutional Council and the Supreme Court of the Republic.
The Constitution has the highest legal force and direct effect on the entire territory of the Republic.
International treaties ratified by the Republic have priority over its laws and are applied directly, except in cases where it follows from an international Treaty that its application requires the publication of a law.
All laws and international agreements to which the Republic is a party are published. The official publication of normative legal acts concerning the rights, freedoms and duties of citizens is a prerequisite for their application.

Article 5

The Republic of Kazakhstan recognizes ideological and political diversity. It is not allowed to create organizations of political parties in state bodies.
Public associations are equal before the law. Illegal interference of the state in the Affairs of public associations and public associations in the Affairs of the state, and the assignment of functions of state bodies to public associations is not allowed.
It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the constitutional order, violating the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and ancestral strife, as well as creating paramilitary groups that are not provided for by law.
Political parties and trade unions of other States, parties based on religion, as well as financing of political parties and trade unions by foreign legal entities and citizens, foreign States and international organizations are not allowed in the Republic.
The activities of foreign religious associations on the territory of the Republic, as well as the appointment by foreign religious centers of heads of religious associations in the Republic, are carried out in coordination with the relevant state bodies of the Republic.

Article 6

In the Republic of Kazakhstan shall recognize and by the same token protect state and private property.
Property obliges, and its use must simultaneously serve the public good. The subjects and objects of property, the scope and limits of the exercise by owners of their rights, and guarantees of their protection are determined by law.
Land and its subsoil, water, flora and fauna, and other natural resources are owned by the state. Land may also be privately owned on the grounds, conditions and within the limits established by law.

Article 7

In the Republic of Kazakhstan, the Kazakh language is the state language.
In state organizations and local self-government bodies, Russian is officially used along with Kazakh.
The state takes care of creating conditions for the study and development of languages of the people of Kazakhstan.

Article 8

The Republic of Kazakhstan respects the principles and norms of international law, pursues a policy of cooperation and good-neighborly relations between States, their equality and non-interference in each other's internal Affairs, peaceful settlement of international disputes, and refuses to use the first armed force.

Article 9

The Republic of Kazakhstan has state symbols-the Flag, coat of Arms and Anthem. Their description and the procedure for official use are established by the constitutional law.

Section II. Man and citizen

Article 10

Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with the law, is uniform and equal regardless of the grounds for its acquisition.
Under no circumstances can a citizen of the Republic be deprived of citizenship, the right to change their citizenship, or be expelled from Kazakhstan.
A citizen of the Republic shall not be recognized as a citizen of another state.

Article 11

A citizen of the Republic of Kazakhstan may not be extradited to a foreign state, unless otherwise established by international agreements of the Republic.
The Republic guarantees its citizens protection and patronage outside its borders.

Article 12

In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution.
Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other normative legal acts.
A citizen of the Republic, by virtue of his or her citizenship, has rights and responsibilities.
Foreigners and stateless persons enjoy the rights and freedoms in the Republic, as well as bear the duties established for citizens, unless otherwise provided by the Constitution, laws and international treaties.
The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others, infringe on the constitutional system and public morality.

Article 13

Everyone has the right to be recognized as a legal entity and has the right to protect their rights and freedoms in all ways that do not contradict the law, including the necessary defense.
Everyone has the right to judicial protection of their rights and freedoms.
Everyone has the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge.

Article 14

All are equal before the law and the courts.
No one may be subjected to any discrimination on the grounds of origin, social, official or property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.

Article 15

Everyone has the right to life.
No one has the right to arbitrarily take a person's life. The death penalty is established by law as an exceptional measure of punishment for terrorist crimes involving the loss of life, as well as for particularly serious crimes committed during wartime, with the right to apply for clemency.

Article 16

Everyone has the right to personal freedom.
Arrest and detention are allowed only in cases stipulated by law and only with the approval of a court, granting the arrested person the right to appeal. Without a court order, a person may be detained for a maximum of seventy-two hours.
Every person who is detained, arrested, or accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment of arrest, arrest, or indictment, respectively.

Article 17

Human dignity is inviolable.
No one should be subjected to torture, violence, or other cruel or degrading treatment or punishment.

Article 18

Everyone has the right to inviolability of private life, personal and family secrets, and protection of their honor and dignity.
Everyone has the right to secrecy of personal deposits and savings, correspondence, telephone conversations, postal, Telegraph and other messages. Restrictions on this right are permitted only in cases and in accordance with the procedure directly established by law.
State bodies, public associations, officials and mass media are obliged to provide every citizen with the opportunity to get acquainted with documents, decisions and sources of information that affect their rights and interests.

Article 19

Everyone has the right to determine and indicate or not indicate their national, party and religious affiliation.
Everyone has the right to use their native language and culture, to freely choose the language of communication, education, training and creativity.
Article 20

Freedom of speech and creativity is guaranteed. Censorship is prohibited.
Everyone has the right to freely receive and distribute information in any way not prohibited by law. The list of information constituting state secrets of the Republic of Kazakhstan is determined by law.
Propaganda or agitation of violent change of the constitutional system, violation of integrity of the Republic, undermining state security, war, social, racial, national, religious, class and tribal superiority as well as cult of cruelty and violence.

Article 21

Everyone who is legally located on the territory of the Republic of Kazakhstan has the right to free movement on its territory and free choice of residence, except in cases stipulated by law.
Everyone has the right to leave the Republic. Citizens of the Republic have the right to return to the Republic without hindrance.

Article 22

Everyone has the right to freedom of conscience.
The exercise of the right to freedom of conscience should not condition or restrict universal and civil rights and obligations to the state.

Article 23

Citizens of the Republic of Kazakhstan have the right to freedom of Association. The activities of public associations are regulated by law.
Military personnel, employees of national security agencies, law enforcement agencies, and judges must not be members of political parties, trade unions, or support any political party.

Article 24

Everyone has the right to freedom of work, free choice of occupation and profession. Forced labor is permitted only under a court order or under a state of emergency or martial law.
Everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without discrimination, and to social protection against unemployment.
The right to individual and collective labour disputes, including the right to strike, is recognized by law.
Everyone has the right to rest. Employees under an employment contract are guaranteed the statutory working hours, weekends and holidays, and paid annual leave.

Article 25

The home is inviolable. Deprivation of housing is not allowed, except by a court decision. Entry into a dwelling, its inspection and search are permitted only in cases and in accordance with the procedure established by law.
The Republic of Kazakhstan creates conditions for providing citizens with housing. The categories of citizens in need of housing specified in the law are provided with housing at an affordable cost from the state housing funds in accordance with the norms established by law.

Article 26

Citizens of the Republic of Kazakhstan may have any legally acquired property in private ownership.
Property, including the right to inherit, is guaranteed by law.
No one can be deprived of their property except by a court decision. Compulsory alienation of property for state needs in exceptional cases provided for by law may be performed on condition of its equivalent compensation.
Everyone has the right to freedom of business activity and free use of their property for any legitimate business activity. Monopolistic activity is regulated and restricted by law. Unfair competition is prohibited.

Article 27

Marriage and family, motherhood, fatherhood and childhood are protected by the state.
The care and upbringing of children is a natural right and duty of parents.
Adult able-bodied children are required to take care of their parents who are not able to work.

Article 28

A citizen of the Republic of Kazakhstan is guaranteed a minimum wage and pension, social security for age, in case of illness, disability, loss of breadwinner and other legal grounds.
Voluntary social insurance, the creation of additional forms of social security and charity are encouraged.

Article 29

Citizens of the Republic of Kazakhstan have the right to health protection.
Citizens of the Republic have the right to receive free of charge the guaranteed amount of medical care established by law.
Receiving paid medical care in public and private medical institutions, as well as from individuals engaged in private medical practice, is carried out on the grounds and in accordance with the procedure established by law.

Article 30

Citizens are guaranteed free secondary education in state educational institutions. Secondary education is mandatory.
A citizen has the right to receive free higher education at a state higher education institution on a competitive basis.
Paid education in private educational institutions is provided on the grounds and in accordance with the procedure established by law.
The state sets generally binding educational standards. The activities of any educational institutions must meet these standards.

Article 31

The state aims to protect the environment that is favorable for human life and health.
Concealment by officials of facts and circumstances that threaten the life and health of people entails liability in accordance with the law.

Article 32

Citizens of the Republic of Kazakhstan have the right to assemble peacefully and without weapons, hold meetings, meetings and demonstrations, marches and picketing. The exercise of this right may be restricted by law in the interests of state security, public order, health protection, and the protection of the rights and freedoms of others.

Article 33

Citizens of the Republic of Kazakhstan have the right to participate in the management of state Affairs directly and through their representatives, to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies.
Citizens of the Republic have the right to elect and be elected to state and local self-government bodies, as well as to participate in national referendums.
Citizens who have been declared legally incompetent by a court, as well as those who are held in prison under a court sentence, do not have the right to elect, be elected, or participate in a national referendum.
Citizens of the Republic have an equal right to access to public service. The requirements for a candidate for the position of a civil servant are determined only by the nature of their official duties and are established by law.

Article 34

Everyone must comply with the Constitution and legislation of the Republic of Kazakhstan, respect the rights, freedoms, honor and dignity of others.
Everyone must respect the state symbols of the Republic.

Article 35

Payment of legally established taxes, fees and other mandatory payments is the duty and obligation of everyone.

Article 36

The protection of the Republic of Kazakhstan is a sacred duty and obligation of every citizen.
Citizens of the Republic perform military service in the manner and types established by law.

Article 37

Citizens of the Republic of Kazakhstan are obliged to take care of the preservation of historical and cultural heritage, protect historical and cultural monuments.

Article 38

Citizens of the Republic of Kazakhstan are obliged to preserve nature and take care of natural resources.

Article 39

Human and civil rights and freedoms may be restricted only by laws and only to the extent necessary for the protection of the constitutional order, public order, human rights and freedoms, and public health and morals.
Any actions that may violate interethnic harmony are considered unconstitutional.
It is not allowed to restrict the rights and freedoms of citizens for political reasons in any form. In no case shall the rights and freedoms provided for in articles 10, 11, 13-15, paragraph 1 of article 16, article 17, article 19, article 22, paragraph 2 of article 26 of the Constitution be restricted.
Section III. President

Article 40

The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of domestic and foreign policy of the state and represents Kazakhstan within the country and in international relations.
The President of the Republic is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms.
The President of the Republic ensures the coordinated functioning of all branches of state power and the responsibility of the authorities to the people.

Article 41

The President of the Republic of Kazakhstan is elected in accordance with the constitutional law by adult citizens of the Republic on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.
A citizen of the Republic by birth who is at least forty years old, who is fluent in the state language and has lived in Kazakhstan for the past fifteen years may be elected President of the Republic.
Regular elections of the President of the Republic are held on the first Sunday of December and cannot coincide with the election of the new Parliament of the Republic.

3-1. Early presidential elections are called by the decision of the President of the Republic and are held in accordance with the procedure and terms established by the constitutional law.

Excluded-by the Law of the Republic of Kazakhstan dated October 7, 1998 No. 284-I ZRK
A candidate who receives more than fifty percent of the votes of the voters who took part in the voting is considered elected. If none of the candidates received the specified number of votes, a repeat vote is held, in which the two candidates with the highest number of votes participate. The candidate who receives the largest number of votes of the voters who took part in the voting is considered elected.
Article 42

The President of the Republic of Kazakhstan takes office from the moment of taking the following oath to the people:”I Solemnly swear to faithfully serve the people of Kazakhstan, strictly follow the Constitution and laws of the Republic of Kazakhstan, guarantee the rights and freedoms of citizens, faithfully fulfill the high duties assigned to me by the President of the Republic of Kazakhstan".
The oath is taken on the second Wednesday of January in a solemn ceremony 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 provided for by article 48 of the Constitution, the person who has assumed the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of assuming the powers of the President of the Republic.
The powers of the President of the Republic shall terminate upon the entry into office of the newly elected President of the Republic, as well as in the event of early release or removal of the President from office or his death. All former Presidents of the Republic, except those removed from office, have the title of ex-President of the Republic of Kazakhstan.
It is excluded by the Law of the Republic of Kazakhstan of October 7, 1998 No. 284-1 ZRK.
The same person may not be elected President of the Republic more than twice in a row.

This restriction does not apply to the First President of the Republic of Kazakhstan.

Article 43

The President of the Republic of Kazakhstan has no right to be a Deputy of a representative body, to hold other paid positions and to carry out business activities.
Excluded by the Law of the Republic of Kazakhstan dated may 21, 2007 No. 254-III ZRK.

Article 44

President Of The Republic Of Kazakhstan:

1) addresses the annual address to the people of Kazakhstan on the situation in the country and the main directions of domestic and foreign policy of the Republic;

2) appoint regular and extraordinary elections to the Parliament of the Republic and its Chambers; convene the first session of Parliament and takes the oath its deputies to people of Kazakhstan; convokes extraordinary session of the Parliament; signs presented by the Senate of Parliament the law within one month, promulgate the law or return the law or its separate articles for a second discussion and vote;

3) after consultations with factions of political parties represented in the Majilis of the Parliament, submit for consideration to the Majilis for consent a candidacy of the Prime Minister of the Republic; with the consent of the Mazhilis of the Parliament appoints the Prime Minister of the Republic; release him from office; on representation of the Prime Minister determines the Government, forms, abolishes and reorganizes the Central Executive bodies of the Republic, not part of the Government, appoints members of the Government of the Republic of; appoints Ministers of foreign Affairs, defense, internal Affairs, and justice; dismisses members of the Government; takes the oath of office of members of the Government; presides over Government meetings on particularly important issues; instructs the Government to submit a draft law to the Majilis of the Parliament; cancels or suspends in full or in part the acts of the Government and the Prime Minister of the Republic, the mayors of regions, cities of national significance and the capital;

4) with the consent of the Senate of the Parliament, appoints the Chairman of the National Bank, the Prosecutor General and the Chairman of the national security Committee of the Republic of Kazakhstan; releases them from their posts;

5) form, abolish and reorganize state bodies directly subordinate and accountable to the President of the Republic, appoint and dismiss their heads;

6) appoint and recall the heads of diplomatic missions of the Republic;

7) appoints the Chairman and two members of the Central election Commission, the Chairman and two members of the accounting Committee for control over the execution of the Republican budget for a term of five years;

8) approve state programs of the Republic;

9) on the proposal of the Prime Minister of the Republic, approve a unified system of financing and remuneration of employees for all bodies maintained at the expense of the state budget of the Republic;

10) decides to hold a national referendum;

11) negotiate and sign international treaties of the Republic; sign instruments of ratification; accept credentials and letters of recall of diplomatic and other representatives of foreign States accredited to it;

12) is the Supreme commander-in-Chief of the Armed Forces of the Republic, appoints and dismisses the high command of the Armed Forces;

13) awards state awards of the Republic, confers honorary, higher military and other titles, class ranks, diplomatic ranks, qualification classes;

14) decides on issues of citizenship of the Republic, granting political asylum;

15) grant pardons to citizens;

16) in the case when the democratic institutions, independence and territorial integrity, political stability of the Republic, security of its citizens are under serious and immediate threat and disturbed the normal functioning of the constitutional organs of the state, after official consultations with Prime Minister and Chairpersons of chambers of Parliament of Republic takes the measures dictated by named circumstances, including introduction in all territory of Kazakhstan and in its separate districts state of emergency, the use of the Armed Forces of the Republic of, with immediate notification to the Parliament of the Republic;

17) in the event of aggression against the Republic or an immediate external threat to its security, impose martial law on the entire territory of the Republic or in certain localities, declare partial or General mobilization and immediately inform the Parliament of the Republic;

18) forms the presidential guard Service and the Republican guard subordinate to it;

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

20) form the Security Council and other Advisory bodies, as well as the Assembly of the people of Kazakhstan and the Supreme Judicial Council;

21) exercise other powers in accordance with the Constitution and laws of the Republic.

Article 45

The President of the Republic of Kazakhstan, on the basis of and in compliance with the Constitution and laws, issues decrees and orders that are binding on the entire territory of the Republic.
In the case provided for in article 53 (4) of the Constitution, the President of the Republic shall issue laws, and in the case provided for in article 61 (2) of the Constitution, decrees having the force of laws of the Republic.
Acts of Parliament signed by the President of the Republic, as well as acts of the President issued on the initiative of the Government, are signed by the President of each Chamber of the Parliament or the Prime Minister, who are legally responsible for the legality of these acts.

Article 46

The President of the Republic of Kazakhstan, his honor and dignity are inviolable.
Provision, maintenance and protection of the President of the Republic and his family are carried out at the expense of the state.
The provisions of this article apply to ex-Presidents of the Republic.
The status and powers of the First President of Kazakhstan are determined by the Constitution of the Republic and the constitutional law.

Article 47

The President of the Republic of Kazakhstan may be prematurely dismissed from office if he is permanently unable to perform his duties due to illness. In this case, the Parliament forms a Commission consisting of an equal number of deputies from each Chamber and specialists in the relevant fields of medicine. A decision on early release is taken at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of deputies of each Chamber, based on the conclusion of the Commission and the conclusion of the constitutional Council on compliance with the established constitutional procedures.
The President of the Republic is only responsible for acts committed in the performance of his duties in cases of high treason and may be removed from office by the Parliament for this. The decision to bring charges and investigate them may be taken by a majority of the total number of deputies of the Mazhilis at the initiative of at least one third of its deputies. The investigation of the accusation is organized by the Senate, and its results are transmitted by a majority vote of the total number of deputies of the Senate to a joint session of the Houses of Parliament. The final decision on this issue is taken at a joint session of the Chambers of Parliament by a majority of at least three-quarters of the total number of votes of deputies of each Chamber, if there is a conclusion of the Supreme Court on the validity of the charge and the conclusion of the constitutional Council on compliance with the established constitutional procedures. Failure to make a final decision within two months of the date of the indictment entails the admission of the charge against the President of the Republic as rejected. Rejection of the accusation of the President of the Republic of committing high treason at any stage entails early termination of the powers of the deputies of the Mazhilis who initiated the consideration of this issue.
The issue of removing the President of the Republic from office may not be initiated during the consideration of the issue of early termination of the powers of the Parliament of the Republic or the Mazhilis of the Parliament.
Article 48

In the case of early release or removal from office of the President of the Republic of Kazakhstan, as well as his death the powers of the President of the Republic for the remaining term are transferred to the Chairman of the Senate of Parliament; at impossibility of the President of the Senate to assume the powers of the President, they are transferred to the Chairman of the Mazhilis of Parliament; failing which the Chairman of the Majilis to take on the powers of the President they go for the Prime Minister of the Republic. A person who has assumed the powers of the President of the Republic shall resign the powers of the Chairman of the Senate, The Chairman of the Mazhilis, and the Prime Minister, respectively. In this case, vacant public positions are filled in accordance with the procedure provided for by the Constitution.
A person who has assumed the powers of the President of the Republic of Kazakhstan, on the grounds and in accordance with the procedure provided for in paragraph 1 of this article, may not initiate changes and additions to the Constitution of the Republic of Kazakhstan.
Section IV. Parliament

Article 49

The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic that performs legislative functions.
The powers of the Parliament begin with the opening of its first session and end with the beginning of the first session of The new Parliament.
The powers of the Parliament may be terminated prematurely in the cases and in the manner provided for by the Constitution.
The organization and activity of the Parliament and the legal status of its deputies are determined by the constitutional law.

Article 50

The Parliament consists of two Chambers: The Senate and the Mazhilis, acting on a permanent basis.
The Senate is formed by deputies representing, in accordance with the procedure established by the constitutional law, two people from each region, city of Republican significance and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate are appointed by the President of the Republic, taking into account the need to ensure representation in the Senate of national-cultural and other significant interests of society.
The Mazhilis consists of one hundred and seven deputies elected in accordance with the procedure established by the constitutional law.
A member of Parliament cannot be a member of both Houses at the same time.
The term of office of deputies of the Senate is six years, and the term of office of deputies of the Mazhilis is five years.

Article 51

Ninety-eight deputies of the Mazhilis are elected on the basis of universal, equal and direct suffrage by secret ballot. Nine deputies of the Mazhilis are elected by the Assembly of people of Kazakhstan. 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 the Parliament.
The election of members of the Senate is carried out on the basis of indirect suffrage by secret ballot. Half of the elected members of the Senate are re-elected every three years. At the same time, their regular elections are held no later than two months before the end of their term of office.
Early elections of deputies of the Parliament or the Mazhilis of the Parliament are held within two months from the date of early termination of powers of the Parliament or the Mazhilis of the Parliament, respectively.
A member of Parliament may be a person who is a citizen of the Republic of Kazakhstan and has been permanently residing in its territory for the past ten years. The Deputy of the Senate may be a person aged thirty years, having higher education and work experience not less than five years, permanently residing on the territory of the respective oblast, city of Republican significance or the capital of the Republic for at least three years. A person who has reached the age of twenty-five may be a Deputy of the Mazhilis.
The election of deputies to the Parliament of the Republic is regulated by the constitutional law.
A member of Parliament takes an oath to the people of Kazakhstan.

Article 52

Excluded by the Law of the Republic of Kazakhstan dated may 21, 2007 No. 254-III ZRK.
Members of Parliament are required to participate in its work. Voting in the Parliament is carried out by the Deputy only in person. The absence of a Deputy without valid reasons at meetings of Chambers and their bodies more than three times, as well as the transfer of the right to vote, entails the application of penalties to the Deputy established by law.
A member of Parliament may not be a member of another representative body, hold other paid positions other than teaching, scientific or other creative activities, carry out business activities, or be a member of the governing body or Supervisory Board of a commercial organization. Violation of this rule entails termination of the powers of the Deputy.
The Deputy of Parliament during their term of office may not be arrested, subject to detention, measures of administrative penalty imposed in a judicial procedure, brought to criminal liability without the consent of the relevant Chamber, except for cases of detention at a crime scene or Commission of serious offences.
The powers of a member of Parliament are terminated in cases of resignation, death, recognition of a Deputy as legally incompetent, dead or missing, or in other cases stipulated by the Constitution and constitutional law.

A member of Parliament is deprived of his / her mandate if:

1) his departure for permanent residence outside of Kazakhstan;

2) the entry into legal force of the court's conviction against him;

3) loss of citizenship of the Republic of Kazakhstan.

A Deputy of the Mazhilis of the Parliament is deprived of his / her mandate if:

1) withdrawal or exclusion of a Deputy from the political party from which he was elected in accordance with the constitutional law;

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

The powers of appointed deputies of the Senate of the Parliament may be terminated prematurely by the decision of the President of the Republic.

The powers of deputies of the Parliament and the Mazhilis of the Parliament are terminated in cases of dissolution of the Parliament or the Mazhilis of the Parliament, respectively.

Preparing questions related to the application to the deputies of the disciplinary measures, compliance with the requirements of paragraph 3 of this article, rules of parliamentary ethics, as well as termination of powers of deputies, and deprivation of their powers and Deputy immunity, shall be vested in the Central election Commission of the Republic of Kazakhstan.

Article 53

Parliament at a joint session of the Chambers:

1) at the suggestion of the President of the Republic of Kazakhstan, make amendments and additions to the Constitution;

2) approve reports of the Government and the accounts Committee for control over the execution of the Republican budget on the execution of the Republican budget. Failure by the Parliament to approve the Government's report on the implementation of the Republican budget means that the Parliament expresses a vote of no confidence in the Government;

3) by two-thirds of the total number of deputies of each Chamber, on the initiative of the President, may delegate legislative powers to him for a term not exceeding one year;

4) solves issues of war and peace;

5) take a decision on the proposal of the President of the Republic on the use of the Armed Forces of the Republic to fulfill international obligations for the maintenance of peace and security;

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

7) form joint commissions of Chambers, elect and dismiss their chairmen, and hear reports on the activities of the commissions;

8) exercise other powers conferred on the Parliament by the Constitution.

Article 54

The Parliament, in a separate session of the Chambers, through successive consideration of issues first in the Mazhilis and then in the Senate, adopts constitutional laws and laws, including:

1) approve the Republican budget, make changes and additions to it;

2) establish and cancel the state taxes and fees;

3) establishes the procedure for resolving issues of administrative and territorial structure of Kazakhstan;

4) establish state awards, establish honorary, military and other titles, class ranks, diplomatic ranks of the Republic, and determine the state symbols of the Republic;

5) decides on issues of state loans and the provision of economic and other assistance by the Republic;

6) decide issues of Amnesty;

7) ratify and denounce international treaties of the Republic.

The Parliament in a separate session of the Chambers by sequentially considering issues first in the Mazhilis, and then in the Senate:

1) discusses reports on the execution of the Republican budget;

2) re-discuss and vote on laws or articles of law that have raised objections of the President of the Republic within one month from the date of sending the objections. Failure to meet this deadline means accepting the President's objections. If the Majilis and the Senate confirm the earlier decision 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 version proposed by the President. Objections of the Head of state to constitutional laws adopted by the Parliament shall be considered in accordance with the procedure provided for in this subparagraph. At the Same time the President's objections to constitutional laws are overcome by the Parliament by at least three quarters of the total number of deputies of each Chamber;

3) takes the initiative to call a national referendum.
Article 55

The exclusive jurisdiction of the Senate includes:

1) election and dismissal of the Chairman of the Supreme Court and judges of the Supreme Court of the Republic of Kazakhstan on the proposal of the President of the Republic of Kazakhstan, taking their oaths;

2) consent to the appointment by the President of the Republic of the Chairman of the National Bank, the Prosecutor General, the Chairman of the national security Committee of the Republic;

3) deprivation of the inviolability of the Prosecutor General, the President and judges of the Supreme Court of the Republic;

4) Excluded by the Law of the Republic of Kazakhstan dated may 21, 2007 No. 254-III ZRK

5) performing the functions of the Parliament of the Republic for the adoption of constitutional laws and laws during the temporary absence of the Mazhilis caused by the early termination of its powers;

6) exercise of other powers conferred by the Constitution on the Senate of the Parliament.

Article 56

The exclusive jurisdiction of the Mazhilis includes:

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

2) giving consent to the President of the Republic to appoint the Prime Minister of the Republic by a majority vote of the total number of deputies of the Chamber;

3) announcement of the next election of the President of the Republic;

4) exercise of other powers assigned by the Constitution to the Majilis of the Parliament.

The Majilis may, by a majority vote of the total number of deputies of the Majilis, at the initiative of at least one-fifth of the total number of deputies of the Majilis, Express a vote of no confidence in the Government.

Article 57

Each Of the houses of Parliament independently, without the participation of the other House:

1) appoints two members of the constitutional Council; appoints two members of the Central election Commission and three members of the accounting Committee for control over the execution of the Republican budget for a five-year term;

2) delegate half of the members of the Commission formed by the Parliament in the case provided for in paragraph 1 of article 47 of the Constitution;

3) elects half of the members of the joint commissions of the Chambers;

4) terminate powers of the deputies of the Chambers, and the Attorney General of the Republic of Kazakhstan solves questions of deprivation of deputies of the chamber integrity;

5) hold Parliamentary hearings on issues of its competence;

6) may, at the initiative of at least one third of the total number of deputies of the Chamber, hear reports of members of the Government of the Republic on their activities. After hearing the report, the Chamber may, by a majority vote of the total number of deputies, adopt an appeal to the President of the Republic to dismiss a member of the Government in case of non-compliance with the laws of the Republic. If the President of the Republic rejects such an appeal, the deputies, by a majority vote of the total number of deputies of the Chamber, have the right, after six months from the date of the first appeal, to re-submit to the President of the Republic the question of dismissing a member of the Government. In this case the President of the Republic shall dismiss a member of the Government;

7) form coordinating and working bodies of Chambers;

8) adopt the regulations of its activities and other decisions on issues related to the organization and internal regulations of the Chamber.

Article 58

The chambers are headed by chairmen elected by the Senate and the Mazhilis from among their deputies who are fluent in the state language, by secret ballot by a majority vote of the total number of deputies of the Chambers. A candidate for the post of President of the Senate is nominated by the President of the Republic of Kazakhstan. Candidates for the post of Chairman of the Mazhilis are nominated by deputies of the Chamber.
The chairmen of the Chambers may be recalled from office, and may also resign if a majority of the total number of deputies of the Chambers voted for it.
Chairmen Of The Houses Of Parliament:

1) call meetings of the Chambers and preside over them;

2) provide General guidance on the preparation of issues submitted to the Chambers for consideration;

3) submit to the Chambers candidates for election to the positions of Deputy chairmen of the Chambers;

4) ensure compliance with the regulations in the activity of Chambers;

5) manage the activities of the coordinating bodies of the Chambers;

6) sign acts issued by Chambers;

7) submit to the Chambers candidates for appointment to the positions of members of the constitutional Council, the Central election Commission, and the accounts Committee for monitoring the execution of the Republican budget;

8) perform other duties assigned to them by the Regulations of the Parliament.

Chairman Of The Mazhilis:

1) opens the sessions of the Parliament;

2) convene regular joint sessions of the Chambers, preside over regular and extraordinary joint sessions of the Chambers.

The chairmen of the Chambers issue orders on issues of their competence.

Article 59

The session of the Parliament is held in the form of joint and separate sessions of its Chambers.
The first session of the Parliament is convened by the President of the Republic of Kazakhstan no later than thirty days from the date of publication of the election results.
Regular sessions of the Parliament are held once a year, starting from the first working day of September and until the last working day of June.
The session of the Parliament is usually opened by the President of the Republic and closed at joint sessions of the Senate and Mazhilis. In the period between sessions of Parliament the President of the Republic on his own initiative, at the proposal of Chairpersons of Chambers or not less than one third of the total number of deputies of the Parliament may convene an extraordinary session of Parliament. It can only consider issues that served as the basis for its convening.
Joint and separate sessions of the Chambers are held if at least two-thirds of the total number of deputies of each Chamber are present.
Joint and separate sessions of the Chambers are open. In cases stipulated by the regulations, closed meetings may be held. The President of the Republic, the Prime Minister and members of the Government, the Chairman of the National Bank, the Prosecutor General, and the Chairman of the national security Committee have the right to attend and be heard at any meetings.

Article 60

The chambers form standing committees, the number of which does not exceed seven in each Chamber.
To resolve issues related to joint activities of the Chambers, the Senate and the Mazhilis have the right to form joint commissions on a parity basis.
Committees and commissions issue resolutions on matters within their competence.
The procedure for the formation, powers and organization of committees and commissions shall be determined by law.

Article 61

The right of legislative initiative belongs to the President of the Republic, members of Parliament, and the Government and is implemented exclusively in the Mazhilis.
The President of the Republic has the right to determine the priority of consideration of draft laws, as well as to declare the consideration of a draft law urgent, which means that the Parliament must consider this draft within a month from the date of its introduction. If the Parliament fails to comply with this requirement, the President of the Republic may issue a decree having the force of law, which is valid until the Parliament passes a new law in accordance with the procedure established by the Constitution.
The Parliament has the right to issue laws that regulate the most important social relations, establish fundamental principles and norms concerning:

1) 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 real rights;

3) fundamentals 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) the national budget;

6) issues of judicial system and legal proceedings;

7) education, health and social security;

8) privatization of enterprises and their property;

9) environmental protection;

10) the administrative and territorial structure of the Republic;

11) ensuring the defense and security of the state.

All other relations are regulated by bylaws.

A bill considered and approved by a majority of the total number of deputies of the Mazhilis is submitted to the Senate, where it is considered for no more than sixty days. The draft adopted by a majority vote of the total number of deputies of the Senate becomes law and is submitted to the President for signature within ten days. The draft rejected by a majority vote of the total number of deputies of the Senate is returned to the Mazhilis. If the Majilis re-approves the draft by a two-thirds majority of the total number of deputies, it is submitted to the Senate for re-discussion and voting. A repeatedly rejected draft law may not be re-introduced during the same session.
Amendments and additions to the draft law made by a majority vote of the total number of deputies of the Senate are sent to the Majilis. If the Majilis agrees with the proposed amendments and additions by a majority vote of the total number of deputies, the law is considered adopted. If the Majilis by the same majority of votes objects to the amendments and additions made by the Senate, differences between the Chambers are resolved through conciliation procedures.

5-1. The draft constitutional law, considered and approved by at least two-thirds of the total number of deputies of the Mazhilis, is transmitted to the Senate, where it is considered for no more than sixty days. The draft adopted by at least two-thirds of the total number of deputies of the Senate becomes a constitutional law and is submitted to the President of the Republic for signature within ten days. Rejection of the draft constitutional law as a whole is carried out by the Majilis or the Senate by a majority vote of the total number of deputies of the Chamber.
Amendments and additions to the draft constitutional law made by the Senate with at least two-thirds of the votes of its deputies are sent to the Mazhilis. If the Mazhilis agrees with the amendments and additions made by the Senate by at least two-thirds of its deputies, the constitutional law is considered adopted.

If the Majilis does not agree with the amendments and additions made by the Senate by at least two-thirds of the votes of the deputies, the differences between the Chambers are resolved through conciliation procedures.

Draft laws that provide for a reduction in state revenues or an increase in state expenditures may be introduced only if the Government of the Republic has a positive opinion. Such a conclusion is not required for draft legislative acts submitted to the Majilis of the Parliament as a legislative initiative of the President of the Republic.
In connection with the non-acceptance of the draft law submitted by the Government, the Prime Minister has the right to raise a question of confidence in the Government at a joint session of the Houses of Parliament. The vote on this issue is held no earlier than forty-eight hours after the question of confidence is raised. If the proposal for a vote of no confidence does not receive a majority of votes from the total number of deputies of each Chamber, the draft law is considered adopted without a vote. However, the Government cannot exercise this right more than twice a year.

Article 62

The Parliament adopts legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of the Parliament, resolutions of the Senate and the Mazhilis, which are binding on the entire territory of the Republic.
Laws of the Republic come into force after they are signed by the President of the Republic.
Amendments and additions to the Constitution are made by a majority of at least three-quarters of the total number of deputies of each Chamber.
Constitutional laws are adopted on issues stipulated by the Constitution by a majority of at least two-thirds of the total number of deputies of each Chamber.
Legislative acts of the Parliament and its Chambers are adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.
Holding at least two readings on the issues of amendments and additions to the Constitution of the Republic of Kazakhstan is mandatory.
Laws of the Republic, resolutions of the Parliament and its Chambers must not contradict the Constitution. Resolutions of the Parliament and its Chambers must not contradict the laws.
The procedure for drafting, presenting, discussing, enacting and publishing legislative and other normative legal acts of the Republic is regulated by a special law and regulations of the Parliament and its Chambers.

Article 63

The President of the Republic, after consulting with the chairmen of the Chambers of the Parliament and the Prime Minister, may dissolve the Parliament or the Majilis of the Parliament.
The Parliament and the Mazhilis of the Parliament may not be dissolved during a state of emergency or martial law, during the last six months of the President's term, or within one year after the previous dissolution.
Section V. Government

Article 64

The government exercises the Executive power of the Republic of Kazakhstan, heads the system of Executive bodies and manages their activities.
The government is a collegial body and in all its activities is responsible to the President of the Republic, and in cases stipulated by the Constitution - to the Majilis of the Parliament and the Parliament.
Members of the Government are accountable to the Houses of Parliament in the case provided for in article 57 (6) of the Constitution.
The competence, organization and activity of the Government are determined by the constitutional law.

Article 65

The government is formed by the President of the Republic of Kazakhstan in accordance with the procedure provided for by the Constitution.
Proposals on the structure and composition of the Government are made to the President of the Republic by the Prime Minister of the Republic within ten days after the appointment of the Prime Minister.
Members of the Government take an oath to the people and President of Kazakhstan.

Article 66

government of Kazakhstan:

1) develop the main directions of socio-economic policy of the state, its defense capacity, security, public order and organize their implementation;

2) submit to the Parliament the Republican budget and a report on its execution, and ensure the execution of the budget;

3) submit draft laws to the Mazhilis and ensure the implementation of laws;

4) organize the management of state property;

5) develop measures to implement the foreign policy of the Republic;

6) manages the activities of ministries, state committees, and other Central and local Executive bodies;

7) cancels or suspends in whole or in part the validity of acts of ministries, state committees, and other Central and local Executive bodies of the Republic;

8) appoint and dismiss heads of Central Executive bodies that are not part of the Government;

9) Excluded by the Law of the Republic of Kazakhstan dated October 7, 1998 No. 284-I ZRK.

10) performs other functions assigned to it by the Constitution, laws and acts of the President.

Article 67

Prime Minister Of The Republic Of Kazakhstan:

1) organizes and directs the activities of the government, and is personally responsible for Its work;

2) Excluded by the Law of the Republic of Kazakhstan dated may 21, 2007 No. 254-III ZRK.

3) sign resolutions of the Government;

4) reports to the President on the main activities of the Government and all its major decisions;

5) perform other functions related to the organization and management of Government activities.

Article 68

Members of the Government are independent in making decisions within their competence and are personally responsible to the Prime Minister of the Republic for the work of their subordinate state bodies. A member of the Government who does not agree with The government's policy or does not implement it, resigns or is subject to dismissal from office.
Members of the Government may not be deputies of a representative body, hold other paid positions other than teaching, scientific or other creative activities, carry out business activities, or be a member of the governing body or Supervisory Board of a commercial organization, except in cases where this is their official duties in accordance with legislation.

Article 69

The government of the Republic of Kazakhstan issues resolutions that are binding on the entire territory of the Republic on issues of its competence.
The Prime Minister of the Republic issues orders that are binding on the entire territory of the Republic.
Government resolutions and orders of the Prime Minister must not contradict the Constitution, legislative acts, decrees and orders of the President of the Republic.

Article 70

The government resigns its powers to the newly elected President of the Republic of Kazakhstan.

Before the newly elected Mazhilis of the Parliament, the Prime Minister of the Republic raises the question of confidence in the Government. In the case of expression by Majilis of confidence the Government shall continue to fulfill their duties, unless otherwise decided by the President of the Republic.

The government and any of its members have the right to declare their resignation to the President of the Republic if they consider it impossible to continue performing the functions assigned to them.
The government declares its resignation to the President of the Republic if the Majilis of the Parliament or the Parliament expresses a vote of no confidence in the Government.
The President of the Republic shall consider accepting or rejecting the resignation within ten days.
Accepting a resignation means that the government or its corresponding member ceases to hold office. Accepting the resignation of the Prime Minister means the termination of the powers of the entire Government.
If the resignation of the Government or its member is rejected, the President entrusts it with the further performance of its duties.
The President of the Republic may, on his own initiative, decide to terminate the powers of the Government and dismiss any of its members. The dismissal of the Prime Minister means the termination of the powers of the entire Government.
Section VI. Constitutional Council

Article 71

The constitutional Council of the Republic of Kazakhstan consists of seven members whose terms of office last six years. Former Presidents of the Republic are life members of the constitutional Council.
The Chairman of the constitutional Council is appointed by the President of the Republic, and if the votes are divided equally, his vote is decisive.
Two members of the constitutional Council are appointed by the President of the Republic, and two members of the constitutional Council are appointed by the Senate and the Mazhilis, respectively. Half of the members of the constitutional Council are renewed every three years.
The position of the Chairman and member of the constitutional Council is incompatible with the Deputy mandate, occupation of other paid positions other than teaching, scientific or other creative activities, business activities, membership in the governing body or Supervisory Board of a commercial organization.
The President and members of the constitutional Council may not, during their term of office, be arrested, brought to trial, subjected to administrative penalties, or brought to criminal responsibility without the consent of the Parliament, except in cases of arrest at the scene of a crime or the Commission of serious crimes.
The organization and activities of the constitutional Council are regulated by the constitutional law.
Article 72

The constitutional Council by appeal of the President of the Republic of Kazakhstan, Chairman of the Senate, the Chairperson of the Majilis, not less than one fifth of the total number of deputies of the Parliament, Prime Minister:

1) decide in case of dispute about correctness of conducting the elections of the President of the Republic, deputies of Parliament and conducting an all-nation referendum;

2) review before the President signed the laws adopted by Parliament on their compliance with the Constitution of the Republic;

2-1) consider the Constitution of the Republic adopted by the Parliament and its Chambers resolution;

3) review international treaties of the Republic for compliance with their Constitution before ratification;

4) gives an official interpretation of the norms of the Constitution;

5) give opinions in cases provided for by paragraphs 1 and 2 of article 47 of the Constitution.

The constitutional Council considers appeals from the courts in cases established by article 78 of the Constitution.

Article 73

In the event of an appeal to the constitutional Council on the issues specified in sub-paragraph 1) of paragraph 1 of article 72 of the Constitution, the assumption of the office of the President, registration of elected members of Parliament or summing up the results of the Republican referendum are suspended.
In case of applying to the constitutional Council on the issues specified in sub-paragraphs 2) and 3) of paragraph 1 of article 72 of the Constitution, the time period for signing or ratifying the relevant acts is suspended.
The constitutional Council makes its decision within a month from the date of receipt of the appeal. This period may be reduced to ten days at the request of the President of the Republic, if the issue is urgent.
The decision of the constitutional Council as a whole or in part may be subject to objections by the President of the Republic, which are overcome by two-thirds of the total number of members of the constitutional Council. If the President's objections are not overcome, the decision of the constitutional Council is considered not accepted.

Article 74

Laws and international agreements deemed inconsistent with the Constitution of the Republic of Kazakhstan may not be signed or, accordingly, ratified and put into effect.
Laws and other normative legal acts that are recognized as unconstitutional, including those that infringe on the rights and freedoms of individuals and citizens enshrined in the Constitution, shall be repealed and shall not be applied.
Decisions of the constitutional Council enter into force from the date of their adoption, are binding on the entire territory of the Republic, are final and are not subject to appeal.
Section VII. Courts and justice

Article 75

Justice in the Republic of Kazakhstan is carried out only by the court.
Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. In cases provided for by law, criminal proceedings are conducted with the participation of jurors.
The courts of the Republic are the Supreme Court of the Republic, local and other courts of the Republic established by law.
The judicial system of the Republic is established by the Constitution of the Republic and the constitutional law. The establishment of special and extraordinary courts under any name is not allowed.

Article 76

The judicial power is exercised on behalf of the Republic of Kazakhstan and has the purpose of protecting the rights, freedoms and legitimate interests of citizens and organizations, ensuring the implementation of the Constitution, laws, other normative legal acts, and international agreements of the Republic.
The judicial power extends to all cases and disputes arising on the basis of the Constitution, laws, other normative legal acts, and international agreements of the Republic.
Decisions, sentences and other judgments of courts shall have an obligatory force on the entire territory of the Republic.

Article 77

The judge is independent in the administration of justice and is subject only to the Constitution and the law.
Any interference with the activities of the court in the administration of justice is inadmissible and entails liability under the law. Judges are not accountable for specific cases.
When applying the law, the judge must be guided by the following principles:

1) a person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force;

2) no one may be subjected to repeated criminal or administrative responsibility for the same offense;

3) no one may change the jurisdiction provided for by law without their consent;

4) everyone has the right to be heard in court;

5) laws that establish or strengthen responsibility, impose new duties on citizens or worsen their situation do not have retroactive effect. If, after commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied;

6) the accused is not obliged to prove his innocence;

7) no one is obliged to give evidence against himself, his spouse or close relatives, the circle of which is determined by law. Clergy are not required to testify against those who confide in them in confession;

8) any doubts about the guilt of the person shall be interpreted in favor of the accused;

9) evidence obtained by illegal means is not legally valid. No one can be convicted solely on the basis of his own confession;

10) application of the criminal law by analogy is not allowed.

The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.

Article 78

Courts have no right to apply laws and other normative legal acts that infringe on the rights and freedoms of individuals and citizens enshrined in the Constitution. If the court finds that a law or other normative legal act subject to application infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the constitutional Council with a submission to declare this act unconstitutional.

Article 79

The courts consist of permanent judges whose independence is protected by the Constitution and the law. The powers of a judge may be terminated or suspended solely on the grounds established by law.
A judge may not be arrested, brought to trial, subjected to administrative penalties imposed by a court, or brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council of the Republic, or in the case established by subparagraph 3) of article 55 of the Constitution, without the consent of the Senate, except in cases of
Judges may be citizens of the Republic who have reached the age of twenty-five, have a higher legal education, have at least two years of experience in the legal profession, and have passed a qualification exam. The law may establish additional requirements for judges of the courts of the Republic.
The position of a judge is incompatible with a Deputy mandate, with the occupation of a paid position other than teaching, scientific or other creative activities, business activities, membership in the governing body or Supervisory Board of a commercial organization.

Article 80

Financing of courts and providing housing for judges is carried out at the expense of the national budget and should ensure the possibility of full and independent implementation of justice.

Article 81

The Supreme Court of the Republic of Kazakhstan is the highest judicial body in civil, criminal and other cases that are within the jurisdiction of local and other courts. it supervises their activities in the procedural forms provided for by law and provides explanations on issues of judicial practice.

Article 82

The President and judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the Republic, based on the recommendation of the Supreme Judicial Council.
The presidents and judges of local and other courts are appointed by the President of the Republic on the recommendation of the Supreme Judicial Council.
Judicial panels may be established in courts in accordance with the constitutional law. The procedure for granting powers to the chairmen of judicial boards is determined by the constitutional law.
The Supreme Judicial Council consists of a President and other persons appointed by the President of the Republic.
The status and organization of the work of the Supreme Judicial Council are determined by law.

Article 83

The Prosecutor's office on behalf of the state exercises the highest supervision over exact and uniform application of laws, decrees of the President of the Republic of Kazakhstan and other normative legal acts on the territory of the Republic, over legality of operatively-search activity, inquiry and investigation, administrative and enforcement proceedings, takes measures to identify and remedy any violations of the law, and also challenges laws and other legal acts contradicting the Constitution and laws of the Republic. The Prosecutor's office represents the interests of the state in court, as well as in cases, in the manner and within the limits established by law, carries out criminal prosecution.
The Prosecutor's office is a unified centralized system with subordination of inferior prosecutors to superior prosecutors and the Prosecutor General of the Republic. It exercises its powers independently of other state bodies and officials and is accountable only to the President of the Republic.
During the term of office, the Prosecutor General of the Republic may not be arrested, brought to trial, subjected to administrative penalties imposed by a court, or brought to criminal responsibility without the consent of the Senate, except in cases of arrest at the scene of a crime or the Commission of serious crimes. The term of office of the Prosecutor General is five years.
The competence, organization and procedure of the Prosecutor's office of the Republic are determined by law.

Article 84

Excluded by the Law of the Republic of Kazakhstan dated may 21, 2007 No. 254-111.

Section VIII. Local public administration and self-government

Article 85

Local state administration is carried out by local representative and Executive bodies, which are responsible for the state of Affairs in the relevant territory.
Article 86

Local representative bodies-maslikhats Express the will of the population of the corresponding administrative-territorial units and, taking into account the national interests, determine the measures necessary for its implementation and monitor their implementation.
Maslikhats are elected by the population on the basis of universal, equal, direct suffrage by secret ballot for a term of five years.
A citizen of the Republic of Kazakhstan who has reached the age of twenty can be elected as a Deputy of the maslikhat. A citizen of the Republic may be a Deputy of only one maslikhat.
The jurisdiction of maslikhats shall include:

1) approval of plans, economic and social programs for the development of the territory, the local budget and reports on their implementation;

2) solving issues related to their jurisdiction of the local administrative and territorial structure;

3) consideration of reports of heads of local Executive bodies on issues referred by law to the competence of the maslikhat;

4) formation of permanent commissions and other working bodies of the maslikhat, hearing reports on their activities, resolving other issues related to the organization of the maslikhat;

5) exercise in accordance with the legislation of the Republic of other powers to ensure the rights and legitimate interests of citizens.

The powers of the maslikhat are terminated prematurely by the President of the Republic, as well as if the maslikhat decides to dissolve itself.
The competence of maslikhats, the procedure for their organization and activities, and the legal status of their deputies are established by law.

Article 87

Local Executive bodies included into uniform system of Executive bodies of the Republic of Kazakhstan, provides carrying out nation-wide policy of Executive power in combination with interests and requirements of development of the respective territory.
Local Executive bodies are responsible for:

1) development of plans, economic and social programs for the development of the territory, the local budget and ensuring their implementation;

2) management of communal property;

3) appointment and dismissal of heads of local Executive bodies, resolution of other issues related to the organization of the work of local Executive bodies;

4) exercise in the interests of local state administration of other powers assigned to local Executive bodies by the legislation of the Republic.

The local Executive body is headed by the mayor of the corresponding administrative-territorial unit, who is the representative of the President and the Government of the Republic.
Mayors of regions, cities of Republican significance and the capital are appointed by the President of the Republic with the consent of maslikhats of regions, cities of Republican significance and the capital, respectively. Mayors of other administrative-territorial units are appointed or elected to office in the manner determined by the President of the Republic of Kazakhstan. The President of the Republic has the right to dismiss mayors from their posts at his discretion.
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 mayor may be raised. In this case, the maslikhat, by a majority of votes from the total number of its deputies, has the right to Express no confidence in the mayor and raise the issue of his dismissal to the President of the Republic or a higher akim, respectively. The powers of governors of regions, cities of national significance and the capital are terminated when the newly elected President of the Republic takes office.
The competence of local Executive bodies, the organization and procedure for their activities are established by law.

Article 88

Maslikhats make decisions on issues of their competence, and mayors - decisions and orders that are mandatory for execution on the territory of the corresponding administrative-territorial unit.
Draft decisions of maslikhats that provide for a reduction in local budget revenues or an increase in local budget expenditures can be submitted for consideration only if there is a positive conclusion of the mayor.
Decisions of maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be canceled in court.
Decisions and orders of mayors can be canceled, respectively, by the President, the Government of the Republic of Kazakhstan or a higher akim, as well as in court.

Article 89

In the Republic of Kazakhstan, local self-government is recognized as providing independent decision-making by the population on issues of local significance.
Local self-government is carried out by the population directly, as well as through maslikhats and other local self-government bodies in local communities that cover territories where population groups live compactly.

Local self-government bodies may be delegated the exercise of state functions in accordance with the law.

The organization and activities of local self-government in Kazakhstan are regulated by law.
The independence of local self-government bodies is guaranteed within the limits of their powers established by law.
Section IX. Final and transitional provisions

Article 90

The Constitution of the Republic of Kazakhstan, adopted at a national referendum, enters into force from the date of official publication of the results of the referendum with the simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.
The day of adoption of the Constitution at the national referendum is declared a state holiday-the day of the Constitution of the Republic of Kazakhstan.

Article 91

Amendments and additions to the Constitution of the Republic of Kazakhstan may be made by a Republican referendum held by the decision of the President of the Republic, adopted by him on his own initiative, at the suggestion of the Parliament or the Government. Draft amendments and additions to the Constitution are not submitted to a national referendum if the President decides to submit it to the Parliament for consideration. The decision of the Parliament is taken in this case in accordance with the procedure established by the Constitution. If the President of the Republic rejects the proposal of the Parliament to submit amendments and additions to the Constitution to a national referendum, the Parliament has the right to adopt a law on making these amendments and additions to the Constitution by a majority of at least four-fifths of the total number of deputies of each Chamber of the Parliament. In this case, the President of the Republic signs this law or submits it to a national referendum, which is considered to have taken place if more than half of the citizens of the Republic who have the right to participate in the national referendum participated in the voting. Amendments and additions to the Constitution submitted to a national referendum are considered accepted if more than half of the citizens who took part in the vote voted for them in at least two-thirds of the regions, cities of national significance and the capital.
The unity and territorial integrity of the state established by the Constitution and the form of government of the Republic cannot be changed.

Article 92

Constitutional laws must be adopted within one year from the date of the Constitution's entry into force. If the laws referred to in the Constitution as constitutional, or acts having the force of such, were adopted at the time of its entry into force, they are brought into compliance with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.
Other laws named in the Constitution must be adopted in accordance with the procedure and terms determined by the Parliament, but not later than two years from the date of entry into force of the Constitution.
Decrees of the President of the Republic published within the term of exercise of additional powers in accordance with the Law of the Republic of Kazakhstan from December 10, 1993 “On temporary delegation to the President of the Republic of Kazakhstan and heads of local administrations of additional powers” and having the force of law, can be amended, supplemented or repealed only in the manner provided for amendments or cancellation of laws of the Republic. Decrees of the President of the Republic issued during the term of exercise of additional powers on issues stipulated in paragraphs 12-15, 18 and 20 of article 44 of the Constitution of the Republic of Kazakhstan, adopted on January 28, 1993, are not subject to approval by the Parliament of the Republic.
The legislation of the Republic of Kazakhstan in force at the time of entry into force of the Constitution is applied in the part that does not contradict it, and within two years from the date of adoption of the Constitution must be brought into compliance with it.

Article 93

In order to implement article 7 of the Constitution, the Government, local representative and Executive bodies are required to create all the necessary organizational, material and technical conditions for the free and free acquisition of the state language by all citizens of the Republic of Kazakhstan in accordance with a special law.

Article 94

The President of the Republic of Kazakhstan elected in accordance with the legislation of the Republic of Kazakhstan in effect at the time the Constitution came into force, shall acquire the powers of the President of the Republic of Kazakhstan and implements them within the term set by the decision adopted at the Republican referendum on 29 April 1995. With the consent of the President of the Republic of Kazakhstan, the present term of office of the President of the Republic may be shortened by a resolution of the Parliament of the Republic adopted at a joint session of its Chambers by a majority vote of the total number of deputies of each Chamber. In this case, the Majilis of the Parliament within one month appoints the election of the President of the Republic of Kazakhstan. The President of the Republic, elected as a result of these elections, shall take the oath of office within one month from the date of publication of the election results and shall exercise his powers until the President of the Republic, who is elected in the next presidential election to be held after seven years on the first Sunday in December, takes office.
The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time of entry into force of the Constitution, retains his powers until the expiration of the term for which he was elected.
Article 94-1

The provision of article 41, paragraph 1, of the Constitution that defines the term of office of the President of the Republic applies to a person who will be elected President of the Republic following the results of presidential elections held in connection with the expiration of the seven-year term of office of the President of the Republic elected at the elections of 4 December 2005.

Article 95

One half of the deputies of the Senate of the first convocation shall be elected for four years, the other half of deputies for a term of two years in the manner prescribed by constitutional law.
The provisions of the Constitution of the Republic of Kazakhstan on elections of deputies of the Majilis of the Parliament based on party lists apply starting with the elections of the Majilis deputies of the Parliament of the second convocation.

Article 96

The Cabinet of Ministers of the Republic of Kazakhstan from the date of entry into force of the Constitution acquires the rights, duties and responsibilities of the Government of the Republic of Kazakhstan established by it.

Article 97

The first composition of the constitutional Council of the Republic of Kazakhstan is formed as follows: the President of the Republic, the President of the Senate and the Chairman of the Majilis of the Parliament appoint one of the members of the constitutional Council for a period of three years, and one of the members of the constitutional Council for a term of six years, Chairman of the constitutional Council is appointed by the President of the Republic for a period of six years.

Article 98

The judicial and investigative bodies provided for by the Constitution are formed in accordance with the procedure and within the time limits provided for by the relevant laws. Until they are formed, the existing judicial and investigative bodies retain their powers.
Courts of the Supreme Court and the Higher Arbitration Court, local courts of the Republic of Kazakhstan retain their powers until the formation of courts provided for by the Constitution. Vacant positions of judges are filled in accordance with the procedure established by the Constitution.