We, the people of Kazakstan, united by a common historical destiny, creating a state on the native land of the Kazaks, recognizing ourselves as a peace loving civil society devoted to the ideals of freedom, equality, and harmony, wishing to occupy a dignified place in the world community, appreciating our high responsibility before present and future generations, and proceeding from our sovereign right, adopt this Constitution.

Article 1

1. The Republic of Kazakstan establishes itself as a democratic, secular, social, rule of law state for which the highest value is the person and her or his life, rights, and freedoms.

2. The basic underlying principles of the operations of the Republic of Kazakstan are social harmony, political stability, economic development for the well being of the entire population, Kazakstan patriotism, and the democratic resolution of the most important issues of national life through means including republican referenda and votes in Parliament.

Article 2

1. The Republic of Kazakstan is a unified state with a presidential form of government.

2. The sovereignty of the Republic is extended over the entirety of its territory. The state ensures the integrity, inviolability, and inalienability of its territory.

3. The administrative territorial system of the Republic and the location and status of the capital are determined by law.

4. Republic of Kazakstan and Kazakstan are names with equal meaning

Article 3

1. The people the only source of the governmental power.

2. The people exercise their power directly through republican referenda and free elections, and delegate exercise of their power to governmental organs.

3. No one may arrogate power in the Republic of Kazakstan. Arrogation of power is prosecuted by law. The right to speak in the name of the people and government belongs to the President and also to the Parliament of the Republic within the confines of its constitutional powers. The government of the Republic and other state organs speak in the name of the state within the confines of the powers delegated to them.

4. Governmental power in the Republic is united and is exercised on the basis of the Constitution and laws in accordance with the principles of its separation into legislative, executive, and judicial branches and the coordination of these branches with each other through a system of checks and balances.

Article 4

1. Active law in the Republic of Kazakstan consists of the norms of the Constitution, laws in agreement with the Constitution, other normative legal acts, international treaties, and other obligations of the Republic, as well as the normative resolutions of the Constitutional Council and the Supreme Court of the Republic.

2. The Constitution has the highest legal force and direct effect over the entirety of the territory of the Republic.

3. International treaties, ratified by the Republic, have priority over the laws and are applied directly, except in the cases in which an international treaty states that its application requires the adoption of a law.

4. All laws, as well as all international treaties in which the Republic is a participant, are published. Official publication is an obligatory requirement for application of normative legal acts that affect the rights, freedoms, and obligations of citizens.

Article 5

1. Ideological and political diversity are recognized in the Republic of Kazakstan. The merger of social and governmental institutions, as well as the organization of political parties in governmental organs, is not allowed.

2. Social associations are equal before the law. Not permitted are unlawful interference of the government in the affairs of social associations and of social associations in the affairs of government, assignment of the functions of governmental organs to social associations, and governmental financing of social associations.

3. It is illegal to form or operate social associations that have the goal of, or whose actual work is directed towards, violently changing the constitutional order or violating the territorial integrity of the Republic, undermining the security of the state, inflaming social, racial, national, religious, class, or tribal animosities, or forming militaristic groups which are not anticipated by law.

4. In the Republic, operation of the political parties and trade unions of other states, religiously grounded political parties, and the financing of political parties and trade unions by foreign legal persons, citizens, and states, and international organizations are all prohibited.

5. The operations of foreign religious associations on the territory of the Republic, and, likewise, appointments by foreign religious centers of managers of religious associations in the Republic, are conducted in coordination with the corresponding governmental organ of the Republic.

Article 6

1. State and private property are recognized and equally protected in the Republic of Kazakstan.

2. Property obligates that its use simultaneously serve the public good. Subjects and objects of ownership, the extent and limits of exercises by owners of their rights, and guarantees for their protection, are determined by law.

3. The earth and its resources, water, flora and fauna, and other natural resources are the property of the government. Land may be private property for the reasons, on the conditions, and to the extent established by law.

Article 7

1. In the Republic of Kazakstan, the state language is Kazak.

2. In governmental organizations and in organs of local self-government, Russian may be officially employed on a par with Kazak.

3. The government takes care to create conditions for the study and development of the languages of the people of Kazakstan.

Article 8
 
    The Republic of Kazakstan respects the principles and norms of international law, conducts policies of cooperation and neighborly relations between states, as well as policies of the equality of states, of non-interference in the domestic affairs of another state, and of peaceful resolution of international conflicts, and rejects the first use of military force.

Article 9

    The Republic of Kazakstan has governmental symbols: a Flag, Coat of Arms, and National Anthem. Their description and manner of official use are established by constitutional law.

Article 10

1. Citizenship of the Republic of Kazakstan is acquired and terminated in accordance with the law and is uniform and equal regardless of the conditions of its acquisition.

2. A citizen of the Republic may not under any conditions be deprived of citizenship or the right to change citizenship, and, likewise, may not be driven out of Kazakstan.

3. Citizenship of another state is not recognized for a citizen of the Republic.

Article 11

1. A citizen of the Republic of Kazakstan may not be extradited to another state, unless otherwise established by an international treaty of the Republic.

2. The Republic guarantees its citizens protection and patronage abroad.

Article 12

1. The Republic of Kazakstan respects and guarantees its citizens rights and freedoms of the person in accordance with the Constitution.

2. Rights and freedoms of the person belong to every person from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other normative legal acts.

3. A citizen of the Republic, through her or his own citizenship, has rights and obligations.

4. In the Republic, foreigners and stateless persons enjoy the rights and freedoms, and carry the obligations, of citizens, unless otherwise anticipated by the Constitution, laws, or international treaties.

5. Exercise of the rights and freedoms of the person and citizen should not violate the rights and freedoms of other persons or encroach on the constitutional system or public morality.

Article 13

1. Every person has the right to acknowledgment as a subject of the law and the right to protect her or his rights and freedoms through any and all lawful means, including necessary defense.

2. Every person has the right to judicial defense of her or his rights and freedoms.

3. Every person has the right to receive professional legal assistance. In the circumstances anticipated by law, legal assistance is provided free of charge.

Article 14

1. Everyone is equal before the law and the courts.

2. No one may be subjected to any sort of discrimination because of origin, social, official, or property status, gender, race, ethnicity, language, religious preference, convictions, place of residence, or any other circumstances.

Article 15

1. Every person has the right to life.

2. No one has the right to arbitrarily deprive a person of life. The death penalty is established by law as an exceptional measure of punishment for particularly serious crimes, and those so convicted are extended the right to petition for a pardon.

Article 16

1. Every person has the right to personal freedom.

2. Arrest and detainment in custody are permitted only in the circumstances established by law and only when sanctioned by a court or procurator, and those so arrested are extended the right of judicial appeal. Without the sanction of a procurator, a person may be subjected to detainment for a period of not more than seventy-two hours.

3. Each person who is detained, arrested, or accused of committing a crime has the right to employ the assistance of a lawyer (defender) from the moment of, respectively, detainment, arrest, or accusation.

Article 17

1. The dignity of a person is inviolable.

2. No one may be subjected to torture, violence, or other cruel or humanly degrading treatment or punishment.

Article 18

1. Each person has the right to the inviolability of her or his private life, to personal and familial privacy, and to protection of her or his honor and dignity.

2. Each person has the right of privacy for personal accounts and savings, correspondence, telephone conversations, and postal, telegraph, and other communications. Abridgments of these rights are permitted only in the circumstances and in the manner directly established by law.

3. Governmental organs, social associations, officials, and mass media are obligated to provide every citizen with the opportunity to become acquainted with documents, decisions, and sources of information affecting her or his rights and interests.

Article 19

1. Every person has the right to determine and indicate or not indicate her or his ethnicity, as well as political and religious affiliation.

2. Every person has the right to employ her or his native language and culture, as well as to freely choose her or his language of communication, raising children, education, and creativity.

Article 20

1. Freedom of speech and creativity are guaranteed. Censorship is not allowed.

2. Every person has the right freely to receive and disseminate information in any manner not prohibited by law. A list of information constituting the state secrets of the Republic of Kazakstan is determined by law.

3. Not permitted is propaganda and agitation for violent change in the constitutional system, violation of the territorial integrity of the Republic, undermining state security, war, social, racial, ethnic, religious, class, or tribal superiority, or cults of cruelty and violence.

Article 21

1. Every person legally located on the territory of the Republic of Kazakstan possesses the right to free movement throughout the territory of the Republic and free choice of location of residence, except in the circumstances stipulated by law.

2. Every person has the right to leave the Republic. Citizens of the Republic have the right to unhindered return to the Republic.

Article 22

1. Every person has the right to freedom of conscience.

2. Exercise of the right to freedom of conscience should not condition or limit the general human and civil rights and obligations with regard to the government.

Article 23

1. Citizens of the Republic of Kazakstan have the right to freedom of association. The operations of social associations are regulated by law.

2. Military personnel, employees of organs of national security, employees of law enforcement agencies, and judges should not belong to political parties or trade unions, or express support for any political party.

Article 24

1. Every person has the right to freedom of work and to the free selection of type of work and profession. Forced labor is permitted only by sentence of a court or in circumstances of state of emergency or martial law.

2. Every person has the right to working conditions which meet requirements of safety and cleanliness, to compensation for work without any sort of discrimination, and also to social protection from unemployment.

3. The right to individual and collective labor conflicts is recognized, along with the use of legally established means for their resolution, including the right to strike.

4. Every person has the right to relaxation. Employees under labor agreements are guaranteed legally established limitations on the working day, days off, holidays, and an annual paid vacation.

Article 25

1. The home is inviolable. Seizure of a home is not permitted except by decision of a court. Entrance into a home, surveillance of a home, and search of a home are permitted only in the circumstances and through the procedures established by law.

2. In the Republic of Kazakstan, conditions are created for the provision of shelter to citizens. For categories of citizens, indicated by law, in need of shelter, shelter is provided at reduced rates from the governmental housing supply in accordance with legally established norms.

Article 26

1. Citizens of the Republic of Kazakstan may own any legally acquired property.

2. Property, including the right of inheritance, is guaranteed by law.

3. No one may be deprived of her or his property other than by decision of a court. Forced alienation of property for governmental needs in exceptional circumstances anticipated by law may be carried out under conditions of equitable compensation.

4. Every person has the right to freedom of entrepreneurial activity. Monopolistic activities are regulated and limited by law. Unscrupulous competition is prohibited.

Article 27

1. Marriage, family, motherhood, fatherhood, and childhood are under the protection of the government.

2. The caring for and raising of children is the natural right and obligation of parents.

3. Adult children who are capable of working are obligated to care for their parents who are unable to work.

Article 28

1. A citizen of the Republic of Kazakstan is guaranteed a minimum level of salary, pension, and social assistance according to age, illness, disability, loss of provider, and other legal reasons.

2. Voluntary social insurance and the creation of additional forms of assistance and charity are encouraged.

Article 29

1. Citizens of the Republic of Kazakstan have the right to health care.

2. Citizens of the Republic have the right to receive, free of charge, a guaranteed quantity, established by law, of medical assistance.

3. The receipt of paid medical care in governmental and private medical institutions, as well as from individuals engaged in private medical practice, is carried out on the basis of and in the manner determined by law.

Article 30

1. Citizens are guaranteed free schooling through high school in governmental educational institutions. High school education is mandatory.

2. Citizens have the right to receive, on a competitive basis, free college level education in a governmental higher education institution.

3. The receipt of paid education in private educational institutions is carried out on the basis of and in the circumstances determined by law.

4. The government determines the general mandatory standards of education. The activities of any educational institution should accord with these standards.

Article 31

1. The government sets as its goal the protection of an environment which is conducive to life and human health.

2. Concealment by officials of facts or conditions threatening to the life or health of people incurs liability in accordance with the law.

Article 32

Citizens of the Republic of Kazakstan have the right peaceably and without arms to gather, hold meetings, protests, demonstrations, marches, and pickets. The enjoyment of these rights may be limited by law in the interests of state security, social order, health care, or protection of the rights and freedoms of other persons.

Article 33

1. Citizens of the Republic of Kazakstan have the right to participate in the management of the affairs of government both directly and through their representatives, and also to appeal personally, as well as send an individual or collective appeal, to governmental organs or organs of local self-government.

2. Citizens of the Republic have the right to elect and be elected to governmental organs and organs of local self-government, as well as to participate in a republican referendum.

3. Persons who have been declared incompetent by a court or who are imprisoned by sentence of a court do not have the right to elect or be elected or participate in a republican referendum.

4. Citizens of the Republic have equal rights of access to governmental service. Requirements made of candidates for governmental service positions are conditioned only by the character of the position's obligations and are established by law.

Article 34

1. Every person is obligated to comply with the Constitution and laws of the Republic of Kazakstan, as well as to respect the rights, freedoms, honor, and dignity of other persons.

2. Every person is obligated to respect the state symbols of the Republic.

Article 35

The payment of legally established taxes, tariffs, and other mandatory payments is the duty and obligation of every person.

Article 36

1. The defense of the Republic of Kazakstan is the sacred duty and obligation of every one of its citizens.

2. Citizens of the Republic perform military service in the manner and forms established by law.

Article 37

Citizens of the Republic of Kazakstan are obligated to care for the preservation of historical and cultural heritage, and conserve historical and cultural monuments.

Article 38

Citizens of the Republic of Kazakstan are obligated to preserve nature and treat natural resources with care.

Article 39

1. Rights and freedoms of the person and citizen may be limited only by law and only to the degree necessary in order to defend the constitutional system and protect the social order, the rights and freedoms of the person, and the health and morality of the population.

2. Any actions capable of violating inter-ethnic harmony are recognized as anti-constitutional.

3. Limitation of the rights and freedoms of citizens for political reasons is not permitted in any form. The rights and freedoms anticipated in Articles 10, 11, 13-15, paragraph 1 of Article 16, Article 17, Article 19, Article 22, and paragraph 2 of Article 26 of the Constitution are not subject under any circumstances to limitation.

Article 40

1. The President of the Republic of Kazakstan is the head of state and its highest official, determines the basic directions of the domestic and foreign policy of the government, and represents Kazakstan domestically and in international relations.

2. The President of the Republic is the symbol and guarantor of the unity of the people and of governmental power, the solidity of the Constitution, and the rights and freedoms of the person and citizen.

3. The President of the Republic ensures the coordinated functioning of all the branches of governmental power and the responsibility of all organs of power before the people.

Article 41

1. The President of the Republic of Kazakstan is elected in accordance with constitutional law by the adult citizens of the Republic on the basis of general, equal, and direct voting rights by secret ballot for a term of seven years.

2. A citizen born in the Republic, no younger than forty years of age, with fluent command of the state language, who has been residing in Kazakstan for no less than fifteen years may be elected President of the Republic.

3. Regular elections for the President of the Republic are held on the first Sunday in December and may not coincide in time with elections for a new Parliament of the Republic.

4. A candidate who collects more than fifty percent of the votes of the voters who participate in an election is considered elected. If none of the candidates gather the indicated number of votes, there is a second round of voting, in which the two candidates who received the largest number of votes participate. The candidate who receives the largest number of votes of the voters who participate in the election is considered elected.

Article 42

1. The President of the Republic of Kazakstan assumes office at the moment of swearing the following oath to the people:

3. The powers of the President of the Republic are terminated at the moment a newly elected President of the Republic assumes office, or, likewise, in the event of premature dismissal or removal of the President from office, or at her or his death. All former Presidents of the Republic, except those removed from office, have the title Ex-President of the Republic of Kazakstan.

4. The same person may not be elected President of the Republic more than twice consecutively.

Article 43

1. The President of the Republic of Kazakstan does not have the right to be a deputy in a representative organ, occupy any other paid position, or engage in business.

2. For the tenure of her or his office, the President of the Republic suspends her or his activity in political parties.

Article 44

The President of the Republic of Kazakstan:

1) addresses the people of Kazakstan in an annual message about the state of the country and the basic directions of the Republic's domestic and foreign policy;

2) schedules regular and irregular elections for the Parliament of the Republic; convenes the first session of Parliament and administers the oath of the deputies to the people of Kazakstan; convenes irregular joint meetings of the Houses of Parliament; within fifteen working days after presentation by the Senate, signs a law, promulgates a law, or returns a law or articles of a law for secondary review and vote;

3) with the consent of Parliament, appoints the Prime Minister of the Republic; dismisses the Prime Minister; on the petition of the Prime Minister, determines the structure of the Government of the Republic, appoints and dismisses its members, and, likewise, forms, abolishes, and reorganizes the central executive organs of the Republic which are not part of the Government; administers an oath to members of the Government and chairs sessions of Government on particularly important issues; entrusts the Government to introduce draft legislation in the Majilis; repeals or suspends, completely or partially, the force of acts of the Government and of the governors (akim) of regions, cities of republican significance, and the capital of the Republic;

4) appoints, with the consent of Parliament, and dismisses the Chair of the National Bank of the Republic of Kazakstan;

5) appoints, with the consent of the Senate, and dismisses the Procurator General and Chair of the National Security Committee of the Republic;

6) appoints and recalls the heads of the diplomatic missions of the Republic;

7) appoints, for a term of five years, the Chair and two members of the Accounting Committee for Monitoring Use of the Republican Budget;

8) approves the governmental programs of the Republic;

9) on the petition of the Prime Minister of the Republic, approves a uniform system of financing and paying salaries to employees of all organs maintained out of the governmental budget of the Republic;

10) adopts decisions on the holding of republican referenda;

11) conducts negotiations and signs international treaties of the Republic; signs ratification documents; and accepts the credentials and departures of diplomatic and other representatives of foreign states whom she or he accredits;

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

13) awards state awards of the Republic and confers honorary, high military, civil service, diplomatic, professional, and other ranks;

14) decides issues of Republican citizenship and the extension of political asylum;

15) pardons citizens;

16) in the event that the democratic institutions, independence, territorial integrity, political stability, or the security of citizens of the Republic is seriously and directly threatened, and the normal functioning of the constitutional organs of the state is disrupted, after official consultations with the Prime Minister and the chairs of the Houses of the Parliament of the Republic, takes measures dictated by the indicated circumstances, including declaration of a state of emergency over the entirety of the territory of the Republic or over certain areas thereof or use of the Armed Forces of the Republic, with immediate notification of such action sent to the Parliament of the Republic;

17) in the event of aggression against the Republic or of direct external threat to its security, introduces martial law over the entirety of the territory of the Republic or over certain areas thereof, and announces partial or general mobilization, with immediate notification of such action sent to the Parliament of the Republic;

18) forms, subordinate to her or him, Presidential Protection Services and a Republican Guard;

19) appoints to and dismisses from office a State Secretary of the Republic of Kazakstan, determines the secretary's status and powers, and forms the Administration of the President of the Republic;

20) forms a Security Council, High Judicial Council, and other consultative advisory organs;

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

Article 45

1. The President of the Republic of Kazakstan, on the basis of and in execution of the Constitution and laws, issues decrees and orders, compliance with which is mandatory over the entirety of the territory of the Republic.

2. In the circumstances anticipated by Subsection 4 of Article 53 of the Constitution, the President of the Republic issues laws, and, in the circumstances anticipated by Subsection 2 of Article 61 of the Constitution, issues decrees which have the force of laws of the Republic.

3. An act of Parliament signed by the President or an act of the President issued on the initiative of the Government is preliminarily countersigned with the signature of the chair of each of the Houses of Parliament or the Prime Minister, respectively, assuming legal responsibility for the legality of that act.

Article 46

1. The President of the Republic of Kazakstan and her or his honor and dignity are inviolable.

2. The maintenance and protection of the President of the Republic and her or his family are carried out at the expense of the state.

3. The provisions of this Article are extended to Ex-Presidents of the Republic.

Article 47

1. The President of the Republic of Kazakstan may be prematurely dismissed from office for sustained inability to meet her or his obligations because of illness. In this circumstance, Parliament forms a commission, consisting of an equal number of deputies from each House and specialists in the corresponding fields of medicine. A decision for premature dismissal is adopted at a joint meeting of the Houses of Parliament by the positive vote of no less than three quarters of the total number of deputies of each House on the basis of the findings of the commission and the findings of the Constitutional Council concerning compliance with established constitutional procedures.

2. The President of the Republic is not responsible for acts committed during execution of her or his obligations, except for state treason, for which she or he may be removed from office by Parliament. A decision to advance an accusation and investigate this accusation may be adopted by the positive vote of a majority of the total number of deputies of the Majilis on the initiative of not less than one third of the deputies in the Majilis. Investigation of the accusation is organized by the Senate, and, on the positive vote of a majority of the total number of deputies in the Senate, the results of the investigation are turned over for review by a joint meeting of the Houses of Parliament. A final decision on this issue is adopted at a joint meeting of the Houses of Parliament by the positive vote of no less than three quarters of the total number of deputies of each House in consideration of the findings of the Supreme Court on the validity of the accusation and the findings of the Constitutional Council concerning compliance with established constitutional procedures. Lack of adoption of a final decision within two months from the moment the accusation is advanced, entails recognition that the accusation against the President of the Republic is rejected. Rejection of the accusation against the President of the Republic concerning state treason, at any stage, entails premature termination of the powers of the deputies of the Majilis who initiated review of this issue.

3. A proposal to remove the President of the Republic from office may not be raised while the President is considering a proposal to prematurely terminate the powers of the Parliament of the Republic.

Article 48

1. In the event of the premature departure or removal from office of the President of the Republic of Kazakstan, or in the case of her or his death, for the remainder of that term, the powers of the President of the Republic transfer to the Chair of the Senate of Parliament. If the Chair of the Senate is unable to assume the powers of the President, they are transferred to the chair of the Majilis. If the Chair of the Majilis is unable to assume the powers of the President, they are transferred to the Prime Minister of the Republic. A person assuming the powers of the President of the Republic relinquishes, respectively, the powers of the Chair of the Senate, the Chair of the Majilis, or the Prime Minister. In this case, the filling of vacant state offices is carried out according to the procedures anticipated by the Constitution.

2. A person assuming the powers of the President of the Republic of Kazakstan on the grounds and through the procedures anticipated by Paragraph 1 of this Article does not have the right to initiate changes and amendments to the Constitution of the Republic of Kazakstan.

Article 49

1. The Parliament of the Republic of Kazakstan is the highest representative body of the Republic and exercises legislative functions.

2. The powers of Parliament begin at the moment of the opening of its first session and end with the beginning of work of the first session of a newly convened Parliament.

3. The powers of Parliament may be terminated prematurely in the circumstances and through the procedures anticipated by the Constitution.

4. The organization of and work of Parliament and the legal status of its deputies are determined by constitutional law.

Article 50

1. Parliament consists of two Houses, the Senate and Majilis, operating on a constant basis.

2. The Senate is formed by deputies, two of whom are elected from each region, city of republican significance, and the capital of the Republic of Kazakstan, by joint meetings of the deputies of all the representative organs of the, respectively, region, city of republican significance, or capital of the Republic. Seven deputies of the Senate are appointed by the President for the length of term of Senate.

3. Majilis consists of seventy seven deputies. Sixty seven deputies are elected from single mandate territorial electoral districts, formed in consideration of the administrative territorial divisions in the republic and with approximately equal numbers of voters. Ten deputies are elected on the basis of political party lists based on a system of proportional representation covering the territory of a single national electoral district.

4. A deputy of Parliament may not simultaneously be a member of both Houses.

5. The term of office for a deputy of the Senate is six years, and the term of office for a deputy of the Majilis is five years.

Article 51

1. Elections for the deputies of Majilis are carried out on the basis of general, equal, and direct voting rights by secret ballot. Normal elections for the deputies of Majilis are held no later than two months prior to the scheduled end of the authorized term of that Parliament.

2. Elections for the deputies of the Senate are carried out on the basis of indirect voting rights by secret ballot. Half of the elected deputies of the Senate are re-elected every three years. In this regard, these normal elections are held no later than two months prior to the scheduled end of their terms.

3. Irregular elections for the deputies of Parliament are held within two months after the date the powers of the deputies of Parliament were prematurely terminated.

4. A deputy of the Senate may be any citizen of the Republic of Kazakstan who has been a citizen for not less than five years, has reached thirty years of age, has a college-level education and at least five years of work experience, and has been permanently residing on the territory of the respective region, city of republican significance, or capital of the Republic of Kazakstan for no less than three years. A deputy of Majilis may be any citizen of the Republic who has reached twenty five years of age.

5. A person is considered elected if her or she is a candidate who received more than 50% of the votes or electors who participated in an election in a single mandate territorial electoral district, and this is affirmed at a joint session of the deputies of all representative organs of the respective region, city of republican significance, or capital of the Republic. If none of the candidates receives the indicated number of votes, a second election is held, in which the two candidates who have received the largest number of votes participate. The candidate who receives the largest number of votes or electors taking part in this election is considered elected. Political parties that have, on the basis of the results of the elections to the Majilis, received no less than seven percent of the votes of the voters taking part in the elections are eligible in the distribution of political party list deputy mandates. Elections to the Senate are considered competent when more than 50% of the electorate votes. Constitution law determines the procedures for the elections of deputies of the Parliament of the Republic.

6. A deputy of Parliament swears an oath to the people of Kazakstan.

Article 52

1. A deputy of Parliament is not bound by any sort of obligatory mandate.

2. Deputies of Parliament are obligated to take part in the work of Parliament. A deputy must personally cast her or his vote in Parliament. The absence of a deputy, without legitimate reasons, more than three times from meetings of the House or its organs, just as the transfer of voting rights, entails the application of legally established penalties.

3. A deputy of Parliament does not have the right to be a deputy in another representative organ, occupy any paid positions, except teaching, scientific, or creative work, engage in business activities, or become a member of a governing organ or oversight committee of a commercial organization. Violation of these rules entails termination of the powers of that deputy.

4. A deputy of Parliament, during her or his tenure in office, may not be subjected to any kind of arrest, administrative penalty imposed through judicial proceedings, or criminal trial without the consent of the respective House, except when apprehended at the scene of a crime or in the case of commission of a serious crime.

5. The powers of a deputy of Parliament terminate in the event of resignation, declaration of that deputy's incompetence, dissolution of Parliament, or other constitutionally anticipated circumstances. A deputy of Parliament is relieved of her or his office with the enactment of a guilty verdict against her or him by a court of law or by reason of her or his departure from the Republic of Kazakstan to assume permanent residency in another country.

6. The Central Election Commission of the Republic of Kazakstan is in charge of preparing questions connected with levying penalties on deputies, deputies' compliance with the requirements of Paragraph 3 of this Article, the rules of deputy etiquette, termination of the powers of deputies, deprivation of deputies' powers, and the deprivation of deputies' immunity.

Article 53

A joint meeting of the Houses of Parliament:

1) on the proposal of the President of the Republic of Kazakstan, introduces amendments and additions to the Constitution; adopts, amends, and adds to constitutional laws;

2) approves the republican budget and the financial reports of the Government and the Accounting Committee for Monitoring Use of the Republican Budget, and introduces changes and additions to the budget;

3) no later than one month after transmission of the President's objections, conducts secondary discussion and voting on laws and articles of laws objected to by the President of the Republic. Noncompliance with this deadline signifies acceptance of the President's objections. If two thirds of the total number of deputies of each of the Houses of Parliament affirm their previously adopted decision, within seven days, the President signs the law. If the President's objections are not overcome, the law is considered either not adopted, or adopted in the edited version proposed by the President;

4) on the initiative of the President, by the positive vote of two thirds of the total number of deputies in each House, Parliament has the right to delegate its legislative powers to the President for a period not to exceed one year;

5) gives consent to the President's appointments of the Prime Minister of the Republic and the Chair of the National Bank of the Republic;

6) hears the speech of the Prime Minister concerning the Government Program and approves or rejects this Program. A secondary rejection of the Program may be effected by the positive vote of two thirds of the total number of deputies in each House and signifies an expression of vote of no confidence in the Government. The lack of such a two thirds majority signifies approval of the Government Program;

7) on the initiative of not less than one fifth of the total number of deputies in Parliament or in the circumstances established by the Constitution, by the positive vote of two thirds of the total number of deputies in each House, expresses a vote of no confidence in the Government;

8) decides questions of war and peace;

9) on the proposal of the President of the Republic, adopts decisions on the use of the Armed Forces of the republic for peace keeping and security operations in fulfillment of international treaty obligations;

10) develops initiatives to schedule republican referenda;

11) hears the annual message of the Constitutional Council of the Republic concerning the state of constitutional legality in the Republic;

12) forms joint commissions of the Houses, elects to and dismisses from office the chairs of these commissions, and hears reports of the work of the commissions;

13) exercises other powers assigned to the Parliament of Kazakstan.

Article 54

Through the process of first reviewing issues in Majilis and then subsequently in the Senate, Parliament, in separate meetings of the Houses:

1) adopts laws;

2) discusses the republican budget, reports on its utilization, and changes and additions to the budget, and also establishes and repeals governmental taxes and tariffs;

3) establishes the procedure for resolving questions of the territorial administrative system of the Republic of Kazakstan;

4) creates state awards and establishes honorary, military, civil service, diplomatic, and other ranks of the Republic, and determines the state symbols of the Republic;

5) decides issues of state loans and economic and other assistance provided to the Republic;

6) issues acts of amnesty for citizens;

7) ratifies and denounces international treaties of the Republic.

Article 55

Within the exclusive jurisdiction of the Senate are:

1) on the initiative of the President of the Republic of Kazakstan, electing to and dismissing from office the Chair of the Supreme Court, and the chairs of the panels of and the judges of the Supreme Court of the Republic, and receiving their oaths;

2) giving consent to the President's appointment of the Procurator General and Chair of the National Security Committee of the Republic;

3) depriving the Prosecutor General and the Chair and judges of the Supreme Court of the Republic of immunity;

4) prematurely terminating the powers of local governmental organs in accordance with the laws of the Republic;

5) delegating two deputies to membership in the High Judicial Council of the Republic of Kazakstan;

6) reviewing a question raised by Majilis concerning the removal from office of the President of the Republic and submission of the results of this review to consideration by a joint meeting of Parliament.

Article 56

Within the exclusive jurisdiction of Majilis are:

1) taking under review and reviewing draft legislation;

2) preparing proposals with regard to the objections of the President of the Republic of Kazakstan concerning laws adopted by the Parliament of the Republic;

3) on the initiative of the President of the Republic of Kazakstan, electing to and dismissing from office the Chair, Assistant Chair, Secretary, and members of the Central Election Commission of the Republic;

4) announcing regular elections for the President of the Republic;

5) delegating two deputies to membership in the Professional College of Justice;

6) advancing an accusation against the President of the Republic of commission of state treason.

Article 57

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

1) appoints to office for five year terms three members of the Accounting Committee for Monitoring Use of the Republican Budget;

2) delegates half of the members of the commission formed by Parliament in the circumstances anticipated in Paragraph 1 of Article 47 of the Constitution;

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

4) terminates the powers of deputies of that house, and, likewise, on the petition of the Procurator General of the Republic of Kazakstan, decides issues of depriving deputies of that House of their immunity;

5) conducts Parliamentary hearings on the issues within its jurisdiction;

6) on the initiative of no less than one third of the total number of deputies in that house, has the right to hear the reports of members of the Government on issues of their operations, and, by the positive vote of two thirds of the total number of deputies in that house, to adopt an appeal to the President of the Republic to dismiss from office a member of the Government in the event of her or his noncompliance with the laws of the Republic. If the President of the Republic denies such an accusation, then the deputies, by a vote supported by no less than two-thirds of the total number of deputies in that House, have the right, upon the expiration of six months from the date of the first accusation, to a second time raise the issue of dismissing a member of the Government. In this case, the President of the Republic dismisses that member of the Government.

7) forms the coordination and working organs of that House;

8) adopts rules for the operations of and other decisions concerning issues connected with the organization of and internal procedures of that House.

Article 58

1. The houses are headed by chairs, elected by the Senate and Majilis, from among their deputies fluent in the state language, by secret ballot, by a majority of the votes of the total number of the deputies in that House. Candidates for the position of Chair of the Senate are nominated by the President of the Republic of Kazakstan. Candidates for the position of Chair of Majilis are nominated by the deputies of that House.

2. The chairs of the Houses may be recalled from their positions, and likewise have the right to resign, if a majority of the total number of deputies in that House so vote.

3. The Chair of a House of Parliament:

    1) convenes and presides over meetings of that House;

    2) exercises general management over the preparation of issues introduced for review in that House;

    3) presents that House with candidates for election to the positions of assistants to the Chair of that House;

    4) ensures compliance with the rules in the work of that House;

    5) manages the coordination of the organs of that House;

    6) signs the acts issued by that House;

    7) appoints two members of the Constitutional Council of the Republic of Kazakstan;

    8) fulfills other obligations assigned to her or him by the rules of Parliament.

4. The Chair of Majilis:

    1) opens sessions of Parliament;

    2) convenes regular joint meetings of the Houses and chairs regular and irregular joint meetings of the Houses.

5. Concerning the issues in her or his jurisdiction, a Chair of a House issues orders.

Article 59

1. A session of Parliament may take the form of joint and separate meetings of its Houses.

2. The first session of Parliament is convened by the President of the Republic of Kazakstan no later than thirty days from the date of the publication of election results.

3. Regular sessions of Parliament are held once each year, starting on the first working day in September and lasting until the last working day in June.

4. A session of Parliament is opened by the President of the Republic and closed at a joint meeting of the Senate and Majilis. In the period between sessions of Parliament, the President of the Republic on her or his own discretion, on the proposal of the chairs of the Houses, or on the proposal of no less than one third of the total number of deputies of Parliament may convene an irregular joint meeting of the Houses. At such a meeting, only the issues which served as the reason for convening that meeting may be reviewed.

5. Joint and separate meetings of the Houses are held conditional to the presence of at least two thirds of the total number of deputies of each of the Houses.

6. Joint and separate meetings of the Houses are open. In the circumstances anticipated in the rules, closed sessions may be held. The President of the Republic, the Prime Minister and members of the Government, the Chair of the National Bank, the Procurator General, and the Chair of the National Security Committee have the right to be present at and be heard at any and all meetings.

Article 60

1. The Houses form permanent committees, the number of which is not to exceed seven in either House.

2. In order to resolve issues affecting the joint work of the Houses, the Senate and Majilis have the right to, on equal terms, form joint commissions.

3. Committees and commissions issue resolutions concerning issues in their jurisdiction.

4. The procedures for forming, the powers of, and the organization of the operations of committees and commission are determined by law.

Article 61

1. The right to introduce draft legislation belongs to the deputies of the Parliament of the Republic of Kazakstan and the Government of the Republic, and is realized exclusively in Majilis.

2. The President of the Republic has the right to prioritize review of draft legislation, and, likewise, to declare immediate review of draft legislation, thereby signifying that Parliament should review that legislation within one month from the date of its introduction. In the event of Parliament's non-compliance with such a declaration, the President of the Republic has the right to issue a decree, having the force of law, which operates until Parliament adopts a new law through the procedures established by the Constitution.

3. Parliament has the right to issue laws that regulate the most important relations of society and that establish fundamental principles and norms affecting:

    1) the legal subjectivity of natural and legal persons, civil rights and liberties, and the obligations and responsibilities of natural and legal persons;

    2) conditions on property and property rights;

    3) the basic organization and operation of governmental organs, organs of self-government, and civil and military service;

    4) taxation and the establishment of tariffs and other obligatory payments;

    5) the republican budget;

    6) issues of judicial proceedings and justice;

    7) education, health care, and social welfare;

    8) the privatization of enterprises and their property;

    9) environmental protection;

    10) the administrative territorial system of the Republic;

    11) ensuring the defense and security of the state.

All other relations are regulated by sub-legal acts.

4. Draft legislation that is reviewed and approved by a majority of the votes of the total number of deputies of Majilis is submitted to the Senate, where it is reviewed in the space of no more than sixty days. Draft legislation that is adopted by a majority of the votes of the total number of deputies of the Senate becomes law, and, within ten days, is presented to the President for her or his signature. If the legislation is rejected in its entirety by a majority of the votes of the total number of deputies of the Senate, it is returned to Majilis. If two thirds of the total number of deputies of Majilis vote to approve the legislation, it is submitted to the Senate for secondary discussion and vote. Draft legislation rejected for a second time may not be re-introduced during that session.

5. Introductions, by a majority of votes of the total number of deputies of the Senate, of amendments or additions to draft legislation are submitted to Majilis. If, by a majority of votes of the total number of its deputies, Majilis consents to the proposed amendments and additions, the law is considered adopted. If, also by a majority, Majilis objects to the amendments and additions introduced by the Senate, the disagreement between the Houses is resolved through conciliatory procedures.

6. Draft legislation anticipating a reduction in governmental income or an increase in governmental expenditures may be introduced only on the condition of favorable findings from the Government of the Republic.

7. In the event that draft legislation introduced by the Government is not adopted, the Prime Minister has the right to, at a joint meeting of the Houses of Parliament, pose a question of trust in the Government. A vote on this issue is held no sooner than forty eight hours from the posing of the question of trust. If a proposal for a vote of no confidence does not gather the constitutionally established necessary number of votes, the draft legislation is considered adopted without vote. However, the Government may not exercise this right more than two times in one year.

Article 62

1. Parliament adopts legislative acts, compliance with which is mandatory over the entirety of the territory of the Republic, in the forms of laws of the Republic of Kazakstan, resolutions of Parliament, and resolutions of the Senate and Majilis.

2. Laws of the Republic enter into force after they are signed by the President of the Republic.

3. Amendments and additions to the Constitution are adopted by the positive vote of no less than three quarters of the total number of deputies of both of the Houses.

4. Constitutional laws are adopted on issues anticipated by the Constitution by the positive vote of no less than two thirds of the total number of deputies of both of the Houses.

5. Legislative acts of Parliament and its Houses are adopted by the positive vote of a majority of the deputies of the Houses, unless otherwise anticipated by the Constitution.

6. At least two readings are required for questions of introducing amendments and additions to the Constitution, or adopting, amending, or adding to constitutional laws.

7. Republican laws and resolutions of Parliament and its Houses should not be contrary to the Constitution. Resolutions of Parliament and its Houses should not be contrary to any law.

8. The procedures for developing, presenting, discussing, enacting, and publishing legal and other normative acts of the Republic are ruled by special law and rules of Parliament and its Houses.

Article 63

1. The President of the Republic of Kazakstan may disband Parliament if: Parliament expresses a vote of no confidence in the Government, the Parliament twice withholds consent to appointment of the Prime Minister, or there is a political crisis resulting from insurmountable disagreements between the Houses of Parliament or between Parliament and other branches of governmental power.

2. Parliament may not be disbanded during periods of state of emergency or martial law, the last six months of the President's term, or within one year of a previous disbandment.

Article 64

1. The Government exercises the executive power of the Republic of Kazakstan, heads the system of executive organs, and manages the work of these organs.

2. The Government, in all its operations, is responsible to the President of the Republic, and is also accountable to the Parliament of the Republic in the circumstances anticipated in Subsection 6 of Article 53 of the Constitution.

3. Members of the Government are accountable to the Houses of Parliament in the circumstances anticipated in Subsection 6 of Article 57 of the Constitution.

4. The competence, organization, and operations of the Government are determined by constitutional law.

Article 65

1. The Government is formed by the President of the Republic of Kazakstan through the procedures anticipated by the Constitution.

2. Within ten days after appointment, the Prime Minister of the Republic proposes the structure and membership of the Government to the President of the Republic.

3. Members of the Government swear an oath to the people and President of Kazakstan.

Article 66

The Government of the Republic of Kazakstan:

1) develops and implements the basic directions of the social and economic policy of the state, the defense capacity and security of the state, and the ensuring of public order;

2) presents Parliament with the republican budget and the report of its utilization, and also ensures implementation of the budget;

3) introduces draft legislation in Majilis and ensures compliance with the laws;

4) manages state property;

5) develops measures for carrying out the foreign policy of the Republic;

6) manages the operations of the ministries, governmental committees, and other central and local executive organs;

7) repeals or suspends, entirely or partially, the force of acts of ministries, governmental committees, or other central and local executive organs of the Republic;

8) appoints to and dismisses from office the managers of the central executive organs which do not constitute parts of the Government;

9) appoints, for five year terms, four members of the Accounting Committee for Monitoring Use of the Republican Budget;

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

Article 67

The Prime Minister of the Republic of Kazakstan:

1) organizes, manages, and personally answers for the work of the Government;

2) within one month after her or his appointment, presents a speech in Parliament concerning the Government Program, and, in the case of its rejection, presents a second speech concerning the Government Program within two months;

3) signs resolutions of the Government;

4) reports to the President about the basic directions of the work of the Government and about all its most important decisions;

5) fulfills other functions connected with organizing and managing the work of the Government.

Article 68

1. Members of the Government are independent in their decision members to the extent of the competence and are personally responsible before the Prime Minister of the Republic for the work of the state agencies accountable to them. A member of the Government who does not agree with the policies being carried out by the Government resigns or is subject to dismissal from office.

2. Members of the Government do not have the right to be deputies of a representative organ, occupy any paid positions, except teaching, scientific, or creative work, engage in business activities, or become a member of a governing organ or oversight committee of a commercial organization.

Article 69

1. The Government of the Republic of Kazakstan, for issues within its jurisdiction, issues resolutions, compliance with which is mandatory over the entirety of the territory of the Republic.

2. The Prime Minister of the Republic issues orders, compliance with which is mandatory over the entirety of the territory of the Republic.

3. Resolutions of the Government and orders of the Prime Minister should not be contrary to the Constitution, to legal acts, or to decrees or orders of the President of the Republic.

Article 70

1. The Government relinquishes its powers before a newly elected President of the Republic of Kazakstan.

2. The Government, in the same manner as any one of its members, has the right to announce its resignation to the President of the Republic if it considers the further exercise of the functions assigned to it to be impossible.

3. The Government announces its resignation to the President of the Republic in the event that Parliament issues a vote of no confidence in the Government.

4. Within ten days, the President of the Republic considers whether to accept or reject a resignation.

5. Acceptance of a resignation signifies termination of the powers of the Government or its respective member. Acceptance of the resignation of the Prime Minister signifies the termination of the powers of the entire Government.

6. In the case of rejection of the resignation of the Government or one of its members, the President entrusts the Government or one of its members with the further exercise of respective obligations. In the case of rejection of a resignation of the Government declared in connection with the expression of a vote of no confidence in her or him by Parliament, the President has the right to disband Parliament.

7. The President of the Republic has the right, at her or his own personal discretion, to take a decision to terminate the powers of the Government or dismiss any of its members from office. Dismissal from office of the Prime Minister signifies the termination of the powers of the entire Government.

Article 71

1. The Constitutional Council of the Republic of Kazakstan consists of seven members with terms lasting for six years. Ex-Presidents of the Republic have the right to be lifetime members of the Constitutional Council.

2. The Chair of the Constitutional Council is appointed by the President of the Republic, and in the event of a tie in voting the chair has the deciding vote.

3. Two members of the Constitutional Council are appointed by the President of the Republic, two by the Chair of the Senate, and two by the Chair of Majilis. Half of the members of the Constitutional Council are re-appointed every three years.

4. The positions of chair of or member of the Constitutional Council are not compatible with the office of a deputy, with other paid positions, except teaching, scientific, or creative work, with engagement in business activities, or with membership in a governing organ or oversight committee of a commercial organization.

5. The chair and members of the Constitutional Council, during their terms of office may not be subjected to any kind of arrest, administrative penalty imposed through judicial proceedings, or criminal trial without the consent of Parliament, except when apprehended at the scene of a crime or in the case of commission of a serious crime.

6. The organization and operations of the Constitutional Council are regulated by constitutional law.

Article 72

1. On the petition of the President of the Republic of Kazakstan, the Chair of the Senate, the Chair of Majilis, not less than one fifth of the total number of deputies of Parliament, or the Prime Minister, the Constitutional Council:

    1) in the event of conflict, decides a question of the validity of elections for President of the Republic or deputies of Parliament, or holding a republican referendum;

    2) before they are signed by the President, reviews laws adopted by the Parliament to determine their accordance with the Constitution of the Republic;

    3) before their ratification, reviews international treaties of the Republic to determine their accordance with the Constitution;

    4) issues official interpretation of the norms of the Constitution;

    5) issues findings in the circumstances anticipated in Paragraphs 1 and 2 of Article 47 of the Constitution.

2. The Constitutional Council reviews petitions from courts in the circumstances established in Article 78 of the Constitution.

Article 73

1. In the event of an appeal to the Constitutional Council on an issue indicated in Subsection 1 of Paragraph 1 of Article 72 of the Constitution, the President's assumption of office, the registration of the elected deputies of Parliament, or the results of a republican referendum are suspended.

2. In the event of an appeal to the Constitutional Council on an issue indicated in Subsection 2 or 3 of Paragraph 1 of Article 72 of the Constitution, the running of the time limit for signature or ratification of the respective act is suspended.

3. The Constitutional Council delivers its decision within one month of the date an appeal is submitted. At the request of the President of the Republic, that deadline may be shortened to ten days if the issue cannot bear any delay.

4. The President of the Republic may object to a decision of the Constitutional Council in full or in part, and these objections may be overcome by the positive vote of two thirds of the total number of members of the Constitutional Council. If the objections of the President are not overcome, the decision of the Constitutional Council is not considered adopted.

Article 74

1. Laws and international treaties that are pronounced contrary to the Constitution of the Republic of Kazakstan may not be, respectively, signed or ratified, or carried into force.

2. Laws and other normative legal acts that are pronounced as abridging the rights and freedoms of the person and citizen that are secured by the Constitution are repealed and are not subject to implementation.

3. Decisions of the Constitutional Council enter into force on the date of their adoption, are generally obligatory over the entirety of the territory of the Republic, are final, and are not subject to appeal.

Article 75

1. Justice in the Republic of Kazakstan is exercised only by courts of law.

2. The judicial power is exercised through civil, criminal, and other legally established forms of judicial proceedings. In cases anticipated by law, criminal proceedings are conducted with the participation of jury representatives.

3. The courts of the Republic are the Supreme Court of the Republic and the legally established local courts of the Republic

4. The judicial system of the Republic is established by the Constitution of the Republic and by constitutional laws. The creation of special or emergency courts under any sort of name is not allowed.

Article 76

1. The judicial power is exercised in the name of the Republic of Kazakstan, has as its mission the defense of the rights, freedoms, and lawful interests of citizens and organizations, and the ensuring of compliance with the Constitution, laws, other normative legal acts, and international treaties of the Republic.

2. The judicial power extends to all cases and conflicts arising on the basis of the Constitution, laws, other normative legal acts, and international treaties of the Republic.

3. Decisions, sentences, and other resolutions of courts have obligatory force over the entirety of the territory of the Republic.

Article 77

1. In the execution of justice, judges are independent, subordinate only to the Constitution and law.

2. Any sort of interference in the operations of a court's execution of justice is impermissible and entails legal liability. For certain cases, judges are not accountable.

3. In applying the law, judges should be guided by the following principles:

    1) a person is considered not guilty in the commission of crime until her or his guilt is pronounced by the verdict of a court;

    2) no one may be subjected to repeated criminal or administrative liability for one and the same violation of the law;

    3) the jurisdiction over a person, anticipated for that person by the law, may not be changed without her or his consent;

    4) every person has the right to be heard in a court of law;

    5) laws establishing or increasing the liability of, assigning new obligations to, or worsening the condition of citizens, do not have retroactive force. If, after the commission of a violation of the law, a new law repeals or lessens liability for that violation, the new law is applied;

    6) the accused is not obligated to prove her or his innocence;

    7) no one is obligated to give testimony against her or his self or spouse, nor against her or his close relatives, the sphere of whose effect is determined by law. Members of the clergy are not obligated to be witnesses against individuals who have entrusted in them for confession.

    8) any doubts concerning the culpability of a person are interpreted for the benefit of the accused;

    9) evidence received through illegal means does not have legal force. No one may be convicted purely on the basis of her or his own confession;

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

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

Article 78

Judges do not have the right to apply laws and other normative legal acts that abridge the rights and freedoms of the person and citizen secured by the Constitution. If a court judges that a law or other normative legal act subject to application abridges the rights and freedoms of the person and citizen secured by the Constitution, it is obligated to suspend the case proceedings and appeal to the Constitutional Council with an inquiry concerning declaration of the act as unconstitutional.

Article 79

1. Courts consist of permanent judges, the independence of whom is defended by the Constitution and law. The powers of a judge may be terminated or suspended exclusively on the grounds established by law.

2. Judges are not subjected to any kind of arrest or measures of administrative penalty imposed by judicial procedure, nor may they be brought to criminal trial, without the consent of the President of the Republic of Kazakstan founded upon a finding of the High Judicial Council of the Republic, or, in the circumstances established by Subsection 3 of Article 55 of the Constitution, without the consent of the Senate, except when apprehended at the scene of a crime or in the case of commission of a serious crime.

3. Citizens of the Republic who have reached 25 years of age, possess higher legal education, have at least two years of work experience in the legal profession, and have passed a qualifying exam may be judges. Additional requirements may be established by law for the judges of the courts of the Republic.

4. The office of a judge is incompatible with the office of a deputy, with other paid positions, except teaching, scientific, or other creative work, with engagement in business activities, or with membership in a governing organ or oversight committee of a commercial organization.

Article 80

The financing of courts and the provision of judges with housing is carried out at the expense of the funds of the republican budget and should ensure the possibility of full and independent exercise of justice.

Article 81

The Supreme Court of the Republic of Kazakstan is the highest judicial organ for civil, criminal, and other cases falling within the competence of courts of general jurisdiction, supervises, through the procedures established by law, the operations of these courts, and issues clarifications on issues of judicial practice.

Article 82

1. The Chair of the Supreme Court of the Republic and the judges and chairs of the panels of the Supreme Court of the Republic of Kazakstan are elected by the Senate on the petition of the President of the Republic based on the recommendations of the High Judicial Council of the Republic.

2. The chairs, judges, and chairs of the panels of regional courts and other courts of equal status are appointed to office by the President of the Republic on the recommendations of the High Judicial Council of the Republic.

3. The chairs and judges of other courts of the Republic are appointed to office by the President of the Republic on the petition of the Minister of Justice, based on the recommendations of the Professional College of Justice.

4. The High Judicial Council is headed by a Chair, appointed by the President of the Republic, and consists of the Chair of the Constitutional Council, the Chair of the Supreme Court, the Procurator General, the Minister of Justice, deputies of the Senate, judges, and other persons appointed by the President of the Republic. The Professional College of Justice is an autonomous independent institution formed from deputies of Majilis, judges, procurators, teachers of law, legal scholars, and employees of the organs of justice.

5. The status of and procedures for forming and organizing the operations of the High Judicial Council and the Professional College of Justice are determined by law.

Article 83

1. In the name of the state, the Procuracy exercises the highest supervision for the exact and uniform application of laws, decrees of the President of the Republic of Kazakstan, and other normative legal acts on the territory of the Republic, for the legality of searches, inquiries, investigations, and administrative and executive proceedings, takes measures to expose and remove any and all violations of legality, and contests laws and other legal acts that are contrary to the Constitution and laws of the Republic. The Procuracy represents the interests of the state in court and, in the circumstances, through the procedures, and to the extent established by law, carries out criminal prosecutions.

2. The Procuracy of the Republic consists of a unified centralized system of lower level procurators subordinate to higher level procurators and the Procurator General of the Republic. The Procuracy exercises its powers independently of other governmental organs and officials and is accountable only to the President of the Republic.

3. The Procurator General of the Republic, during her or his term in office, is not subjected to any kind of arrest or measures of administrative penalty imposed by judicial procedure, nor may she or he be brought to criminal trial, without the consent of the Senate, except when apprehended at the scene of a crime or in the case of commission of a serious crime. The term of office of the Procurator General is five years.

4. The jurisdiction of and organization and procedures of work of the Procuracy of the Republic are determined by law.

Article 84

1. Inquiries into and preliminary investigations of criminal cases are carried out by special organs that are separate from the courts and Procuracy.

2. The powers of, organization of, and procedures for organs of inquiry, investigation, and searches in the Republic of Kazakstan are regulated by law.

Article 85

Local state government is exercised by local representative and executive organs that are responsible for the state of affairs on their corresponding territories.

Article 86

1. Local representative organs are councils (maslikhati) that express the will of the population of the corresponding administrative territorial unit, that, taking into account general state interests, determine measures necessary for the realization of the will of the local population, and that monitor compliance with these decisions.

2. Councils are elected by the population on the basis of general, equal, and direct voting rights by secret ballot for terms of four years.

3. A citizen of the Republic of Kazakstan who has reached twenty years of age may be elected deputy of a council. A citizen of the Republic may be a deputy in only one council.

4. Within the jurisdiction of councils are:

    1) approving plans, economic and social programs for the development of the territory, and the local budget and report of its utilization;

    2) deciding issues, assigned to their jurisdiction, concerning the local administrative territorial system;

    3) reviewing the reports of managers of local executive organs on issues assigned by law to the jurisdiction of a council;

    4) forming permanent commissions and other working organs of a council, hearing the reports of their work, and deciding other issues connected with the work of that council;

    5) exercising, in accordance with the laws of the Republic, other powers to ensure the rights and lawful interests of citizens.

5. The powers of a council may be terminated prematurely by the Senate on the grounds and through the procedures established by law, or in the event that a council adopts a decision to disband itself.

6. The competency of councils, manner of their organization and work, and legal status of their deputies are established by law.

Article 87

1. Local executive organs are part of a unified system of executive organs in the Republic of Kazakstan and ensure that general state policies of the executive power are carried out in conjunction with the interests and developmental needs of their corresponding territories.

2. Within the jurisdiction of local executive organs are:

    1) developing plans and economic and social programs for the development of the territory, as well as the local budget and compliance with its implementation;

    2) managing communal property;

    3) appointing to and dismissing from office the managers of local executive organs and deciding other issues connected with the work of local executive organs;

    4) exercising, in the interests of local state government, other powers assigned to local executive organs by the laws of the Republic.

3. A representative of the President and Government of the Republic, the governor of the corresponding administrative territorial unit heads a local executive organ.

4. The governors of regions, cities of republican significance, and the capital are appointed to office by the President of the Republic on the petition of the Prime Minister. Governors of other administrative territorial units are appointed or elected according to the procedures determined by the President of the Republic. The President of the Republic has the right, at her or his discretion, to dismiss governors from office.

5. A council has the right, by the positive vote of two thirds of the total number of its deputies, to express lack of confidence in a governor and advance the issue of her or his dismissal from office to the President of the Republic or her or his immediately superior governor The powers of governors of regions, cities of republican significance, and the capital are terminated when a newly elected President assumes office.

6. The competency of local executive organs and the manner of their organization and work are established by law.

Article 88

1. For issues within their competency, councils adopt decisions and governors adopt decisions and orders, and compliance with them is mandatory over the entirety of the corresponding administrative territorial unit.

2. Draft decisions of councils anticipating a reduction in local budgetary income or an increase in local budgetary expenditures may be introduced for consideration only on the condition of favorable findings from the governor.

3. Decisions of councils which are not in accord with the Constitution and laws of the Republic of Kazakstan may be repealed through judicial proceedings.

4. Decisions and orders of governors may be repealed, respectively, by the President of the Republic of Kazakstan, the Government, the immediately superior governor, or in judicial proceedings.

Article 89

1. Local self-government ensuring the population's independent resolution of issues of local significance is recognized in the Republic of Kazakstan.

2. Local self-government is exercised by the population both directly through elections and also through the elected and other organs of local self-government in rural and urban local communities that encompass densely populated groups of people.

3. Within the boundaries established by law, The organization and operations of an organ of local self-government are determined by its citizens.

4. The independence of organs of local self-government, within the boundaries of their legally established powers, is guaranteed.

Article 90

1. The Constitution of the Republic of Kazakstan, which is adopted by a republican referendum, enters into force on the date of the official publication of the results of the referendum, and, simultaneously, the force of an earlier adopted Constitution of the Republic of Kazakstan is terminated.

2. The date of the adoption of the Constitution by a republican referendum is declared a state holiday: Day of the Constitution of the Republic of Kazakstan.

Article 91

1. Amendments and additions to the Constitution of the Republic of Kazakstan may be effected by republican referendum conducted by a decision of the President of the Republic that was adopted on her or his personal discretion or on the proposal of the Parliament or Government. Draft amendments and additions to the Constitution are not introduced to republican referendum if the President decides to submit them to be reviewed by Parliament. The decision of Parliament is adopted in this circumstance through the procedures established by the Constitution. If the President of the Republic denies a proposal of the Parliament to put changes and amendments to the Constitution before a republican referendum, the Parliament has the right, if no less than four fifths of the total number of deputies in each House of Parliament vote to support such a measure, to adopt a law about incorporating these changes and amendments into the Constitution. In this case, the President of the republic either signs this law or puts it to a republican referendum, which is considered competent if more than half of the citizens of the republic who have the right to participate in a republican referendum do participate. Changes and amendments to the Constitution, which are put to a republican referendum, are considered adopted if more than half of the citizens participating in the vote voted for them.

2. The provisions of the Constitution concerning either the unity and territorial integrity of the state or the form of government of the Republic may not be amended.

Article 92

1. Constitutional laws should be adopted within one year from the date of the entry of the Constitution into force. If laws named in the Constitution as constitutional, or acts having the force of such laws, were adopted prior to the moment of the Constitution's entry into force, then they are brought into accordance with the Constitution and are considered constitutional laws of the Republic of Kazakstan.

2. Other laws named in the Constitution should be adopted by the procedures and deadlines determined by Parliament, but no later than two years from the date of the Constitution's entry into force.

3. Decrees of the President of the Republic that were issued during the time period of his exercise of additional powers in accordance with the law of the Republic of Kazakstan of 10 December 1993 "About Temporary Delegation to the President of the Republic of Kazakstan and Heads of Local Administrations of Additional Powers" and which have the force of law may be amended, added to, or repealed only through the procedures anticipated for amending, adding to, or repealing laws of the Republic. Decrees of the President of the Republic that were issued during the time period of his exercise of additional powers concerning issues anticipated by Paragraphs, 12-15, 18, and 20 of Article 64 of that Constitution of the Republic of Kazakstan which was adopted on 28 January 28 1993 are not subject to approval by Parliament.

4. Laws of the Republic of Kazakstan in force at the moment of the Constitution's entry into force are applied in those parts that do not contradict the Constitution, and, within two years from the date of adoption of the Constitution, should be brought into accordance with the Constitution.

Article 93

For the purposes of implementing Article 7 of the Constitution, the Government and local representative and executive organs are obligated to create all the organizational, material, and technical conditions necessary so that all citizens of the Republic of Kazakstan, at no cost to themselves, in accordance with special law, attain fluent mastery of the state language.

Article 94

1. The President of the Republic of Kazakstan, elected in accordance with the laws of the Republic of Kazakstan, who is active at the moment that the Constitution enters into force, acquires those powers of the President of the Republic of Kazakstan established by the Constitution and exercises them for the duration of the term established by the decision adopted by the republican referendum of 29 April 1995. With the consent of the President of the Republic of Kazakstan the current term of office of the President of the Republic may be reduced by a resolution of the Parliament of the Republic adopted at a joint session of its Houses by a majority of the votes of the total number of deputies of each of the Houses. In such a case, the Majilis of Parliament, within one month, schedules elections for the President of the Republic of Kazakstan. The President of the Republic, elected from the results of this election, takes the oath of office within one month from the date of publication of the results of the election and exercises powers until the entrance into office of a President of the Republic, elected in regular presidential elections that should be held seven years later on the first Sunday of December.

2. The Vice President of the Republic of Kazakstan, elected in accordance with the laws of the Republic of Kazakstan, who is active at the moment that the Constitution enters into force, preserves his powers until the expiration of the term for which he was elected.

Article 95

1. One half of the deputies of the Senate of the first convening of this body are elected for terms of four years, and the other half of the deputies for terms of two years through the procedures established by constitutional law.

2. Provisions of the Constitution of the Republic of Kazakstan concerning the election of deputies of the Majilis of Parliament on the basis of political party lists are to be applied beginning with the election of deputies of the Majilis of the second session of Parliament.

Article 96

The Cabinet of Ministers of the Republic of Kazakstan, from the date that the Constitution enters into force, acquires the rights, obligations, and responsibilities established by the Constitution for the Government of the Republic of Kazakstan.

Article 97

The initial composition of the Constitutional Council of the Republic of Kazakstan is formed in the following manner: the President of the Republic, the Chair of the Senate of Parliament, and the Chair of the Majilis of Parliament each appoint one member of the Constitutional Council for a three year term and one member of the Constitutional Council for a six year term, and the Chair of the Constitutional Council is appointed by the President of the Republic for a six year term.

Article 98

1. The organs of justice and investigation anticipated by the Constitution are formed by the procedures and deadlines anticipated by corresponding laws. Until the formation of these organs, acting organs of justice and investigation preserve their powers.

2. The judges of the Supreme Court, the High Arbitration Court, and the local courts of the Republic of Kazakstan preserve their powers until the formation of the courts anticipated by the Constitution. Vacancies in judicial positions are filled through the procedures established by the Constitution.

These amendments revised the following articles, listed below in their original 1995 forms:

Article 33

4. Citizens of the Republic have equal rights of access to governmental service. Requirements made of candidates for governmental service positions are conditioned only by the character of the position's obligations and are established by law. The age of a governmental employee should not exceed sixty years or, in exceptional circumstances, sixty five years.

Article 41

1. The President of the Republic of Kazakstan is elected in accordance with constitutional law by the adult citizens of the Republic on the basis of general, equal, and direct voting rights by secret ballot for a term of five years.

2. A citizen born in the Republic, no younger than thirty-five years of age and no older than sixty-five years of age, with fluent command of the state language, who has been residing in Kazakstan for no less than fifteen years may be elected President of the Republic.

4. Premature elections for the President of the Republic are held in the circumstances and at the times established by paragraph 1 of Article 48 of the Constitution. [this paragraph was removed completely, so paragraph 5 is now paragraph 4.]

5. An election is considered to be official if more than fifty percent of the voters participate. A candidate who collects more than fifty percent of the votes of the voters who participate in an election is considered elected. If none of the candidates gather the indicated number of votes, there is a second round of voting, in which the two candidates who received the largest number of votes participate. The candidate who receives the largest number of votes of the voters who participate in the election is considered elected. [amended and now paragraph 4]

Article 42

2. The oath is sworn on the second Wednesday in January in a solemn ceremony in the presence of the deputies of parliament, members of the Constitutional Council, judges of the Supreme Court, and all the former Presidents of the Republic. In the event that the President is elected in an irregular election, the oath is sworn within one month from the date of publication of the election results.

4. The powers of a President of the Republic who was elected in an irregular election are exercised until the assumption of office of a President of the Republic who is elected in a regular presidential election, which should be held every five years after an irregular election on the first Sunday in December. [this paragraph was removed completely, so paragraph 5 is now paragraph 4.]

5. The same person may not be elected President of the Republic more than twice consecutively. [now paragraph 4]

Article 44

The President of the Republic of Kazakstan:

7) appoints, for a term of five years, the Chair of the Accounting Committee for Monitoring Use of the Republican Budget;

Article 48

1. In the event of the premature dismissal or removal from office of the President of the Republic of Kazakstan, or in the case of her or his death, execution of the obligations of the President is temporarily transferred to the Chair of the Senate. In the event of the inability of the Chair of the Senate to undertake the obligations of the President, they are transferred to the Prime Minister of the Republic. In this circumstance, irregular elections for the President of the Republic should be held not later than two months from the moment the powers of the President of the Republic were prematurely terminated.

2. A person exercising the obligations of the President of the Republic does not have the right to disband the Parliament of the Republic, terminate the powers of the Government of the Republic, signal a republican referendum, or introduce proposals for the amendment of or addition to the Constitution of the Republic.

Article 49

2. The length of term for Parliament is four years. The powers of Parliament begin at the moment of the opening of its first session and end with the beginning of work of the first session of a newly convened Parliament.

Article 50

2. The Senate is formed by deputies, two of whom are elected from each region, city of republican significance, and the capital of the Republic of Kazakstan, by joint meetings of the deputies of all the representative organs of the, respectively, region, city of republican significance, or capital of the Republic. Seven deputies of the Senate are appointed by the President for the length of term of Parliament.

3. Majilis consists of sixty seven deputies, one and only one of whom is elected from each territorial electoral district, the territorial electoral districts being formed in consideration of the territorial administrative divisions in the Republic and containing roughly equal numbers of voters.

[5. a fifth paragraph was added]

Article 51

2. Elections for the deputies of the Senate are carried out on the basis of indirect voting rights by secret ballot. Half of the elected deputies of the Senate are re-elected every two years. In this regard, these normal elections are held no later than two months prior to the scheduled end of their terms.

5. Elections are considered effective if more than fifty percent of the voters participate. A candidate who collects more than fifty percent of the votes of the voters who participate in an election is considered elected. If none of the candidates gather the indicated number of votes, there is a second round of voting, in which the two candidates who received the largest number of votes participate. The candidate who receives the largest number of votes of the voters who participate in the election is considered elected.

Article 52:

3. A deputy of Parliament does not have the right to be a deputy in another representative organ, occupy any paid positions, except teaching, scientific, or creative work, engage in business activities, or become a member of a governing organ or oversight committee of a commercial organization. Violation of these rules entails termination of the powers of that deputy. A deputy of Parliament is not guaranteed preservation of a former job or position or the provision of a similar job or position upon termination of or expiration of her or his tenure in office.

Article 56

Within the exclusive jurisdiction of Majilis are:

4) announcing regular elections and scheduling irregular elections for the President of the Republic;

Article 57

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

    1) appoints to office for five year terms two members of the Accounting Committee for Monitoring Use of the Republican Budget;

    6) on the initiative of no less than one third of the total number of deputies in that house, has the right to hear the reports of members of the Government on issues of their operations, and, by the positive vote of two thirds of the total number of deputies in that house, to adopt an appeal to the President of the Republic to dismiss from office a member of the Government in the event of her or his noncompliance with the laws of the Republic;

Article 66

The Government of the Republic of Kazakstan:

    2) develops and presents Parliament with the republican budget and the report of its utilization, and also ensures implementation of the budget;

Article 68

    1. Members of the Government are collectively responsible for a decision adopted by the Government, even if they did not vote for that decision if they did not immediately express their disagreement with it.

Article 75:

2. The judicial power is exercised through civil, criminal, and other legally established forms of judicial proceedings.

Article 82

4. The High Judicial Council is headed by the President of the Republic and consists of the Chair of the Constitutional Council, the Chair of the Supreme Court, the Procurator General, the Minister of Justice, deputies of the Senate, judges, and other persons appointed by the President of the Republic. The Professional College of Justice is an autonomous independent institution formed from deputies of Majilis, judges, procurators, teachers of law, legal scholars, and employees of the organs of justice.

Article 87

4. The governors of regions, cities of republican significance, and the capital are appointed to office by the President of the Republic on the petition of the Prime Minister. Governors of other administrative territorial units are appointed by their immediately superior governor. The President of the Republic has the right, at her or his discretion, to dismiss governors from office.

Article 91

1. Amendments and additions to the Constitution of the Republic of Kazakstan may be effected by republican referendum conducted by a decision of the President of the Republic that was adopted on her or his personal discretion or on the proposal of the Parliament or Government. Draft amendments and additions to the Constitution are not introduced to republican referendum if the President decides to submit them to be reviewed by Parliament. The decision of Parliament is adopted in this circumstance through the procedures established by the Constitution.

Article 94

1. The President of the Republic of Kazakstan, elected in accordance with the laws of the Republic of Kazakstan, who is active at the moment that the Constitution enters into force, acquires those powers of the President of the Republic of Kazakstan established by the Constitution and exercises them for the duration of the term established by the decision adopted by the republican referendum of 29 April 1995.

Article 95

One half of the deputies of the Senate of the first convening of this body are elected for terms of four years, and the other half of the deputies for terms of two years through the procedures established by constitutional law.

APPENDIX

Provisions of the previous Constitution of Kazakstan with regard to social associations.

. . . The Republic of Kazakstan guarantees equal legal possibilities to social associations operating within the framework of the Constitution and laws of the Republic. The ideology of no social association may become the ideology of the state.

Article 53: Social associations in the Republic of Kazakstan are accepted to include political parties, popular movements, trade unions, creative unions, and religious and other associations of citizens. The government ensures compliance with the rights and lawful interests of social associations.

Article 54: The intercession of governmental organs and officials into the activity of social associations, in equal measure as the intercession of social associations into the activity of government organs and officials, is not permitted. Social associations may not be assigned the functions of a governmental organ. Social associations pursuing political goals are not allowed to operate in organs of state government, the procuracy, courts, the armed forces, or governmental enterprises, intsitutions, and organizations.

Article 55: Not allowed is the formation or activity of a social association that endorses or practices racial, national, social, or religious intolerance or class exceptionalism, that advocates violent overthrow of the constitutional order, or that threatens the territorial integrity of the Republic. On the territory of the Republic of Kazakstan, it is forbidden to form military formations that are not anticipated by the law of the Republic, as well as to form secret societies and associations.

Article 56: Political parties facilitate the formation and expression of the political will of citizens. The procedures for forming, terminating, and operating political parties is established by law. On the territory of the Republic of Kazakstan, the activities of political parties of foreign states are forbidden.

Article 57: Trade unions are formed to protect the labor and other socio-economic rights and interests of their members, as well as to preserve jobs and improve working conditions.

Article 58: Religious associations are separate from the state. The state may not give preference to any religion or atheism. Political parties may not be formed on religious platforms. Religious associations may not pursue political goals and objectives.