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Constitution of Kazakhstan (1995, rev. 1998)

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3Preamble

4We, the people of Kazakhstan, united by common historic fate, creating state on the indigenous Kazakh land, considering ourselves peaceloving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this Constitution.

5Section I. General Provisions

6ARTICLE 1

71. The Republic of Kazakhstan proclaims itself democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.

82. The fundamental principles of the activity of the Republic are public concord and political stability; economic development for the benefit of all the nation; Kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the Parliament.

9ARTICLE 2

101. The Republic of Kazakhstan is unitary state with presidential form of government.

112. The sovereignty of the Republic extends to its entire territory. The state ensures the integrity, inviolability and inalienability of its territory.

123. The administrative-territorial division of the Republic of Kazakhstan, location and status of its capital are determined by law.

134. The names “Republic of Kazakhstan” and “Kazakhstan” have the same meaning.

14ARTICLE 3

151. The people shall be the only source of state power.

162. The people shall exercise power directly through an all- nation referendum and free elections as well as delegate the execution of their power to state institutions.

173. Nobody shall have the right to appropriate power in the Republic of Kazakhstan. Appropriation of power shall be persecuted by law. The right to act on behalf of the people and the state shall belong to the President as well as to Parliament of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities.

184. The state power in the Republic of Kazakhstan is unified and executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and system of checks and balances that governs their interaction.

19ARTICLE 4

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

212. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.

223. International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases when the application of an international treaty shall require the promulgation of law.

234. All laws, international treaties of which the Republic is party shall be published. Official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be necessary condition for their application.

24ARTICLE 5

251. The Republic of Kazakhstan shall recognize ideological and political diversity. The merging of public and state institutions, and the formation of political party organizations in state bodies shall not be permitted.

262. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public associations and of public associations in the affairs of the state, imposing the functions of state institutions on public associations, and financing of public associations by the state shall not be permitted.

273. Formation and functioning of public associations pursuing the goals or actions directed toward violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.

284. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.

295. Activities of foreign religious associations on the territory of the Republic as well as appointment of heads of religious associations in the Republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the Republic.

30ARTICLE 6

311. The Republic of Kazakhstan shall recognize and by the same token protect state and private property.

322. Property shall impose obligations, and its use must simultaneously benefit the society. Subjects and objects of ownership, the scope and limits of the rights of proprietors, and guarantees of their protection shall be determined by law.

333. The land and underground resources, waters, flora and fauna, other natural resources shall be owned by the state. The land may also be privately owned on terms, conditions and within the limits established by legislation.

34ARTICLE 7

351. The state language of the Republic of Kazakhstan shall be the Kazak language.

362. In state institutions and local self-administrative bodies the Russian language shall be officially used on equal grounds along with the Kazak language.

373. The state shall promote conditions for the study and development of the languages of the people of Kazakhstan.

38ARTICLE 8

39The Republic of Kazakhstan shall respect principles and norms of international law, pursue the policy of cooperation and good- neighborly relations between states, their equality and non- interference in each other’s domestic affairs, peaceful settlement of international disputes and renounce the first use of the military force.

40ARTICLE 9

41The Republic of Kazakhstan shall have its state symbols - the flag, emblem and anthem. Their description and order of official use shall be established by the constitutional law.

42Section II. The Individual and Citizen

43ARTICLE 10

441. Citizenship of the Republic of Kazakhstan shall be acquired and terminated as prescribed by law, shall be indivisible and equal regardless of the grounds of its acquisition.

452. A citizen of the Republic of Kazakhstan under no circumstances may be deprived of citizenship of the right to change his citizenship, and may not be exiled from the territory of Kazakhstan.

463. Foreign citizenship of citizen of the Republic shall not be recognized.

47ARTICLE 11

481. A citizen of the Republic of Kazakhstan may not be extradited to foreign state unless otherwise stipulated by international treaties of the Republic.

492. The Republic shall guarantee its citizens protection and patronage outside its boundaries.

50ARTICLE 12

511. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.

522. Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts.

533. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship.

544. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties.

555. Exercise of citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.

56ARTICLE 13

571. Everyone shall have the right to be recognized as subject of the law and protect his rights and freedoms with all means not contradicting the law including self-defense.

582. Everyone shall have the right to judicial defense of his rights and freedoms.

593. Everyone shall have the right to qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.

60ARTICLE 14

611. Everyone shall be equal before the law and court.

622. No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances.

63ARTICLE 15

641. Everyone shall have the right to life.

652. No one shall have the right to arbitrarily deprive person of life. The law shall establish the death penalty as an extraordinary measure of punishment for especially grave crimes and grant the sentenced person the right to appeal for pardon.

66ARTICLE 16

671. Everyone shall have the right to personal freedom.

682. Arrest and detention shall be allowed only in cases stipulated by law and only with the sanction of court or prosecutor of law. The detained person shall be provided with the right to appeal. Without the sanction of procurator, person may be detained for period no more than seventy- two hours.

693. Every person detained, arrested and accused of committing crime shall have the right to the assistance of defense lawyer (defender) from the moment of detention, arrest or accusation.

70ARTICLE 17

711. A person’s dignity shall be inviolable.

722. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.

73ARTICLE 18

741. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity.

752. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right shall be permitted only in the cases and according to the procedure directly established by law.

763. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.

77ARTICLE 19

781. Everyone shall have the right to determine and indicate or not to indicate his national, party and religious affiliation.

792. Everyone shall have the right to use his native language and culture, to freely choose the language of communication, education, instruction and creative activities.

80ARTICLE 20

811. The freedom of speech and creative activities shall be guaranteed. Censorship shall be prohibited.

822. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.

833. Propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed.

84ARTICLE 21

851. Everyone who has legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose place of residence except in cases stipulated by law.

862. Everyone shall have the right to leave the territory of the Republic. Citizens of the Republic shall have the right to freely return to the Republic.

87ARTICLE 22

881. Everyone shall have the right to freedom of conscience.

892. The right to freedom of conscience must not specify or limit universal human and civil rights and responsibilities before the state.

90ARTICLE 23

911. Citizens of the Republic of Kazakhstan shall have the right to freedom of forming associations. The activities of public associations shall be regulated by law.

922. The military, employees of national security, law- enforcement bodies and judges must abstain from membership in political parties, trade unions, and actions in support of any political party.

93ARTICLE 24

941. Everyone shall have the right to freedom of labor, and the free choice of occupation and profession. Involuntary labor shall be permitted only on sentence of court or in the conditions of state of emergency or martial law.

952. Everyone shall have the right to safe and hygienic working conditions, to just remuneration for labor without discrimination, as well as to social protection against unemployment.

963. The right to individual and collective labor disputes with the use of methods for resolving them, stipulated by law including the right to strike, shall be recognized.

974. Everyone shall have the right to rest. Working labor agreements stipulating the length of working time, days-off and holidays, and paid annual leave shall be guaranteed by law.

98ARTICLE 25

991. Housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by court decision. Penetration into housing, its inspection and search shall be permitted only in cases and according to the procedure stipulated by law.

1002. Conditions shall be created in the Republic of Kazakhstan to provide citizens with housing. Citizens in need of housing shall be categorized in manner to be prescribed by law and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law.

101ARTICLE 26

1021. Citizens of the Republic of Kazakhstan may privately own any legally acquired property.

1032. Property, including the right of inheritance, shall be guaranteed by law.

1043. No one may be deprived of his property unless otherwise stipulated by court decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation.

1054. Everyone shall have the right to freedom of entrepreneurial activity, and free use of his property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and limited by law. Unfair competition shall be prohibited.

106ARTICLE 27

1071. Marriage and family, motherhood, fatherhood and childhood shall be under the protection of the state.

1082. Care of children and their upbringing shall be natural right and responsibility of parents.

1093. Able-bodied children of age must take care of their disabled parents.

110ARTICLE 28

1111. A citizen of the Republic of Kazakhstan shall be guaranteed minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of breadwinner and other legal grounds.

1122. Voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged.

113ARTICLE 29

1141. Citizens of the Republic of Kazakhstan shall have the right to protection of health.

1152. Citizens of the Republic shall be entitled to free, guaranteed, extensive medical assistance established by law.

1163. Paid medical treatment shall be provided by state and private medical institutions as well as by persons engaged in private medical practice on the terms and according to the procedures stipulated by law.

117ARTICLE 30

1181. The citizens shall be guaranteed free secondary education in state educational establishments. Secondary education shall be obligatory.

1192. A citizen shall have the right to receive on competitive basis higher education in state higher educational establishment.

1203. The citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms established by law.

1214. The state shall set uniform compulsory standards in education. The activity of any educational establishment must comply with these standards.

122ARTICLE 31

1231. The state shall set an objective to protect the environment favorable for the life and health of the person.

1242. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.

125ARTICLE 32

126Citizens of the Republic of Kazakhstan shall have the right to peacefully and without arms assemble, hold meetings, rallies and demonstrations, street processions and pickets. The use of this right may be restricted by law in the interests of state security, public order, protection of health, rights and freedoms of other persons.

127ARTICLE 33

1281. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.

1292. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum.

1303. The right to elect and be elected, to participate in the all- nation referendum shall not extend to the citizens judged incapable by court as well as those held in places of confinement on court’s sentence.

1314. Citizens of the Republic shall have the equal right to serve in public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.

132ARTICLE 34

1331. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.

1342. Everyone must respect the state symbols of the Republic.

135ARTICLE 35

136Payment of legally established taxes, fees and other obligatory payments shall be duty and responsibility of everyone.

137ARTICLE 36

1381. Defense of the Republic of Kazakhstan shall be sacred duty and responsibility of its every citizen.

1392. Citizens of the Republic shall perform military service according to the procedure and in the forms established by law.

140ARTICLE 37

141Citizens of the Republic of Kazakhstan must care for the protection of historical and cultural heritage, and preserve monuments of history and culture.

142ARTICLE 38

143Citizens of the Republic of Kazakhstan must preserve nature and protect natural resources.

144ARTICLE 39

1451. Rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, health and morality of the population.

1462. Any actions capable of upsetting interethnic concord shall be deemed unconstitutional.

1473. Any form of restrictions to the rights and freedoms of the citizens on political grounds shall not be permitted. Rights and freedoms stipulated by articles 10-11; 13-15 paragraph of article 16; article 17; article 19; article 22; paragraph of article 26 of the Constitution shall not be restricted in any event.

148Section III. The President

149ARTICLE 40

1501. The President of the Republic of Kazakhstan shall be the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.

1512. The President of the Republic shall be the symbol and guarantor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.

1523. The President of the Republic shall ensure by his arbitration concerted functioning of all branches of state power and responsibility of the institutions of power before the people.

153ARTICLE 41

1541. The President of the Republic shall be elected by universal, equal and direct suffrage under secret ballot for seven- year term in accordance with the constitutional law by the citizens of the Republic who have come of age.

1552. A citizen of the Republic shall be eligible for the office of the President of the Republic of Kazakhstan if he is by birth not younger than forty and has perfect command of the state language and has lived in Kazakhstan for not less than fifteen years.

1563. Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of new Parliament of the Republic.

1574. The candidate who receives more than 50 percent of the votes of the constituents that took part in the election shall be deemed elected. If none of the candidates receives the above number of votes, second round of elections shall be held between the two candidates who obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents who take part in the second round of elections shall be deemed elected.

158ARTICLE 42

1591. The President of the Republic of Kazakhstan shall take office from the moment of swearing to the people the following oath: "I solemnly swear that will faithfully serve the people of Kazakhstan, strictly observe the Constitution and the laws of the Republic of Kazakhstan, guarantee the rights and freedoms of the citizens, honestly perform the high duties of the President of the Republic of Kazakhstan entrusted to me."

1602. The oath shall be taken on the second Wednesday of January in ceremonial atmosphere in the presence of the deputies of Parliament, the members of the Constitutional Council, the judges of the Supreme Court as well as all former Presidents of the Republic. In case, stipulated by Article 48 of the Constitution, the oath shall be taken by person who has taken the powers of the President of the Republic of Kazakhstan within one month since taking the powers of the President of the Republic.

1613. The powers of the President of the Republic shall terminate from the moment the newly elected President of the Republic takes office as well as in the case of premature release from office, resignation or death. All former Presidents of the Republic except those who were discharged from office shall have the title of ex-President of the Republic of Kazakhstan.

1624. One and the same person may not be elected the President of the Republic more than two times in row.

163ARTICLE 43

1641. The President of the Republic of Kazakhstan shall not have the right to be deputy of representative body, hold other paid offices and engage in entrepreneurial-activity.

1652. The President of the Republic shall suspend activity in any political party for the period he exercises his powers.

166ARTICLE 44

1671. The President of the Republic of Kazakhstan shall:

1681.annually address the people of Kazakhstan with message on the state of the country and main directions of the domestic and foreign policy of the Republic of Kazakhstan;

1692.appoint regular and extraordinary elections to the Parliament of the Republic; convene the first session of Parliament and accept the oath of its members to the people of Kazakhstan; call extraordinary joint sessions of the Chambers of Parliament; sign laws submitted by the Senate of Parliament within fifteen working days, promulgate the law or return the law or its separate articles for second discussion and vote;

1703.appoint Prime Minister of the Republic with the Parliament’s consent; release him from office; determine the structure of the Government of the Republic at the proposal of the Prime Minister, appoint to and release from office its members, as well as form, abolish and reorganize central executive bodies of the Republic which are not included into the Government; accept the oath of the members of the Government; preside at the meetings of the Government on especially important issues; charge the Government with bringing bill into the Majilis of Parliament; annul or suspend completely or partially the effect of the Government’s acts and those of the akims of the oblasts, major cities and the capital;

1714.appoint the Chairperson of the National Bank of the Republic of Kazakhstan with the Parliament’s consent; release him from office;

1725.appoint the Procurator General and Chairperson of the Committee of National Security of the Republic with the consent of the Senate of Parliament; release them from office;

1736.appoint and recall heads of diplomatic representative offices of the Republic;

1747.appoint the Chairperson and two members of the Estimation Committee for control over Implementation of the Republican Budget for five year term;

1758.approve state programs of the Republic;

1769.approve unified system of financing and labor payment for all bodies financed by the state budget of the Republic at the proposal of the Prime Minister of the Republic;

17710.adopt resolution on conducting the all-nation referendum;

17811.conduct negotiations and sign international treaties of the Republic; sign ratification instruments; receive letters of credentials and recall from diplomatic and other representatives of foreign states accredited to him;

17912.act as the Commander-in-Chief of the Armed Forces of the Republic, appoint and replace the highest command of the Armed Forces;

18013.award state decorations of the Republic and confer honorary, highest military and other ranks, ranked positions, diplomatic ranks and qualification degrees;

18114.resolve issues of citizenship of the Republic, and political asylum;

18215.exercise pardon of citizens;

18316.in the event of serious and immediate threat to the democratic institutions of the Republic, its independence and territorial integrity, political stability of the Republic, security of its citizens and the disruption of normal functioning of the Constitutional bodies of the state, the President shall have official consultation with Prime Minister and Chairpersons of the Parliamentary Chambers of the Republic and take measures, caused by state of emergency on the entire territory or in particular areas of Kazakhstan, and immediately inform the Parliament of the use of the Armed Forces of the Republic;

18417.in the case of aggression against the Republic or immediate external threat to its security, the President shall impose martial law on the entire territory of the Republic or in particular areas, declare partial or total mobilization and immediately inform the Parliament of the Republic to the effect;

18518.form the Republican Guard as well as the Presidential Guard subordinated to the President;

18619.appoint to and release from office the State Secretary of the Republic of Kazakhstan, define his status and powers; form the administration of the President of the Republic;

18720.form the Security Council, the Higher Judicial Council and other consultative and advisory bodies;

18821.exercise other powers in accordance with the Constitution and the laws of the Republic.

189ARTICLE 45

1901. The President of the Republic of Kazakhstan, on the basis of and with the exercise of the Constitution and the laws, shall issue decrees and resolutions which are binding on the entire territory of the Republic.

1912. In the case envisioned by subparagraph of Article 53 of the Constitution the President of the Republic shall issue laws, and in the case envisioned by subparagraph of Article 61 of the Constitution, the President or the Republic shall issue decrees having the force of laws in the Republic.

1923. The acts of Parliament signed by the President of the Republic as well as the acts of the President issued on the initiative of the Government shall be preliminary signed respectively by the Chairperson of each Parliaments Chambers or the Prime Minister on whom bear juridical responsibility for the legality of these acts.

193ARTICLE 46

1941. The President of the Republic of Kazakhstan, his honour and dignity shall be inviolable.

1952. Provision, service, and guard of the President of the Republic and his family shall be carried out at the state’s expense.

1963. The provisions of this article shall extend to ex-Presidents of the Republic.

197ARTICLE 47

1981. The President of the Republic of Kazakhstan may be prematurely released from office in the case of continued incapacity to perform his duties due to illness. In this case the Parliament shall form commission consisting of equal numbers of deputies from each Chamber and specialists of the respective areas of medicine. The decision of premature release based on the conclusion of the commission and that of the Constitutional Council confirming observance of the established constitutional procedures shall be adopted at joint sitting of the Parliament’s Chambers by the majority of no less than three-fourths from the total number of deputies of each Chamber.

1992. The President of the Republic shall bear responsibility for the actions performed while exercising his duties and only in the case of high treason may be discharged from office by Parliament. The decision to bring an accusation and conduct its investigation may be adopted by the majority of the deputies of the Majilis at the initiative of no less than one- third of the total number of its deputies. Investigation of the accusation shall be organized by the Senate and by the majority of votes of the total number of the deputies of the Senate its results are transferred for consideration at joint session of the Parliament’s Chambers. The final decision of this issue shall be adopted at 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 conclusion by the Constitutional Council that the established constitutional procedures were observed. The failure to arrive at final decision within two months from the moment of the accusation shall result in the recognition that the accusation against the President of the Republic is rejected. Rejection of the accusation of the President of the Republic in perpetration of high treason at any stage shall result in premature termination of the powers of the deputies of the Majilis who initiated the consideration of this issue.

2003. The issue of discharge of the President of the Republic from office may not be initiated in the period when the President is considering premature termination of the powers of the Parliament of the Republic.

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