1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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;
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;
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.
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.