Constitution of Kazakhstan

We, the people of Kazakhstan, united by a common historical destiny, having established statehood on the ancestral land of Kazakhstan, conscious of ourselves as a peaceful civil society, committed to the ideals of freedom, equality and concord, desirous of taking our worthy place in the world community, aware of our high responsibility towards present and future generations, proceeding from our sovereign right, adopt this Constitution.

Section 2

Article 13

1. Everyone shall have the right to recognition as a person before the law and to the defence of his/her rights and freedoms by all means not inconsistent with the law, including necessary defence.
2. Everyone shall have the right to judicial protection of his/her rights and freedoms.
3. Everyone shall have the right to qualified legal assistance. In the cases provided for by law, legal assistance shall be provided free of charge.

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Article 14

1. Everyone shall be equal before the law and court.
2. No one shall be discriminated against on the grounds of origin, social, official or property status, sex, race, nationality, language, attitude to religion, convictions, place of residence or any other circumstance.

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Article 17

1. Human dignity shall be inviolable.

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

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Article 24

1. Everyone shall have the right to free choice of work, occupation and profession. Forced labour shall be permitted only on the basis of a court order following conviction for a criminal or administrative offence, or in the event of a state of emergency or martial law.
2. Everyone shall have the right to working conditions that meet safety and health requirements, to remuneration for work without discrimination and to social protection against unemployment.
3. The right to individual and collective labour disputes shall be recognised, with the use of legally established means for their settlement, including the right to strike.
4. Everyone shall have the right to rest. Persons working under contract shall be guaranteed the legally established length of working hours, days of rest and public holidays, and paid annual leave.

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Article 27

1. Marriage and the family, maternity, paternity and childhood shall be protected by the state.
2. The care and upbringing of children shall be the natural right and duty of parents.
3. Able-bodied adult children shall take care of their disabled parents.

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Article 28

1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and a pension, as well as social security in old age, in case of sickness, disability or loss of the main source of income, and on other legal grounds.
2. Voluntary social insurance, the creation of complementary forms of social security and charity shall be encouraged.

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Article 33

1. Citizens of the Republic of Kazakhstan shall have the right to participate directly and through their representatives in the management of state affairs, to make personal, individual and collective appeals to state and local self-government bodies.
2. Citizens of the Republic shall have the right to elect and be elected to bodies of state and local self-government, as well as to participate in a republican referendum.
3. The right to elect and be elected to bodies of state and local self-government, as well as to participate in a republican referendum, shall not extend to citizens who have been declared legally incompetent by a court, or to citizens who have been placed in a detention facility by a court order.
4. Citizens of the Republic shall have equal rights to hold public office. The requirements for candidates for public office shall be determined solely by the nature of the duties of the office and shall be established by law.

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Article 39

1. The rights and freedoms of man and citizen may be limited only by law and only to the extent necessary to protect the constitutional system, public order, human rights and freedoms, or the health and morals of the population.
2. Any act likely to violate inter-ethnic and inter-religious harmony shall be recognised as unconstitutional.
3. Restrictions on the rights and freedoms of citizens for political reasons shall not be permitted in any form. The rights and freedoms provided for in Articles 11, 13–15, paragraph 1 of Article 16, Article 17, Article 19, Article 22, paragraph 2 of Article 26 of the Constitution may not be restricted in any way.

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Section 3

• Article 40

  1. The President of the Republic of Kazakhstan shall be the Head of State, the holder of the highest office, who shall determine the main directions of the domestic and foreign policy of the state and represent Kazakhstan at home and in international relations.
  2. The President of the Republic shall be the symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of man and citizen.
  3. The President of the Republic shall ensure the coordinated functioning of all branches of government and the accountability of the authorities to the people.

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• Article 44

  The President of the Republic of Kazakhstan shall:

  1. annually address the people of Kazakhstan with a message on the state of the country and the main directions of the domestic and foreign policy of the Republic of Kazakhstan;
  2. call regular and special elections to the Parliament of the Republic and its Chambers; convene the first session of the Parliament and swear in its deputies to the people of Kazakhstan; convene an extraordinary session of the Parliament; sign the law submitted by the Senate of the Parliament within one month, promulgate the law or return the law or some of its articles for further discussion and voting;
  3. after consultation with the factions of political parties represented in the Mazhilis of the Parliament, recommend the candidacy of the Prime Minister of the Republic to the Mazhilis for approval; with the approval of the Mazhilis of the Parliament, appoint the Prime Minister of the Republic; dismiss the Prime Minister of the Republic; on the recommendation of the Prime Minister, determine the structure of the Government; on the recommendation of the Prime Minister, after consulting the Mazhilis of Parliament, appoint the members of the Government; independently appoint the Ministers of Foreign Affairs, Defence and Internal Affairs; dismiss members of the Government; swear in members of the Government; if necessary, preside over meetings of the Government on particularly important matters;
  4. with the consent of the Senate of Parliament, appoint the Chairman of the Constitutional Court, the Governor of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee of the Republic of Kazakhstan; dismiss them from office;
  5. create, abolish and reorganise state bodies directly subordinate to and accountable to the President of the Republic;
  6. appoint and dismiss heads of diplomatic missions of the Republic;
  7. appoint the Chairman and two members of the Central Election Commission, the Chairman and two members of the Supreme Audit Chamber for a term of five years;
  8. Excluded by Law of the Republic of Kazakhstan No. 51-VI of 10 March 2017 (in force from the date of its first official publication).
  9. Excluded by Law of the Republic of Kazakhstan No. 51-VI of 10 March 2017 (in force from the date of its first official publication).
  10. take a decision on holding a republican referendum;
  11. -1) send an appeal to the Constitutional Council on the consideration of an adopted law or other legal act for its conformity with the Constitution of the Republic in the interests of protecting the rights and freedoms of man and citizen, ensuring national security, sovereignty and integrity of the State, to give an opinion in the case provided for in paragraph 3 of Article 91 of the Constitution of the Republic of Kazakhstan;
  12. conduct negotiations and sign international treaties of the Republic, sign ratification documents, credentials and recall diplomatic and other representatives of foreign states accredited to him/her;
  13. act as Supreme Commander of the Armed Forces of the Republic, appoint and dismiss the Commander-in-Chief of the Armed Forces;
  14. award state honours of the Republic; to confer honorary, highest military and other ranks, positions, diplomatic ranks and degrees of qualification;
  15. settle questions of citizenship of the Republic and the granting of political asylum;
  16. exercise the pardon of citizens;
  17. after official consultations with the Prime Minister and the Chairmen of the Chambers of the Parliament of the Republic, take measures dictated by the above-mentioned circumstances, including the proclamation of a state of emergency on the entire territory of the Republic and in certain regions of Kazakhstan, and immediately inform the Parliament about the use of the Armed Forces of the Republic in case of a serious and direct threat to the democratic institutions of the Republic, its independence and territorial integrity, the political stability of the Republic, the security of its citizens, and the disruption of the normal functioning of the constitutional bodies of the state;
  18. in the event of aggression against the Republic or of an imminent external threat to its security, the President shall declare martial law throughout the territory of the Republic or in certain regions, partial or total mobilisation, and shall immediately inform the Parliament of the Republic;
  19. establish the State Security Service under his or her authority;
  20. appoint and dismiss the State Councilor of the Republic of Kazakhstan, determine his/her status and powers; form the administration of the President of the Republic;
  21. establish the Security Council and other consultative and advisory bodies, as well as the Assembly of People of Kazakhstan and the Supreme Judicial Council;
  22. exercise other powers in accordance with the Constitution and laws of the Republic.

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Section 4

Article 62

1. The Parliament shall adopt legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of the Parliament, resolutions of the Senate, and resolutions of the Mazhilis, which shall be binding throughout the territory of the Republic.
2. Laws of the Republic shall come into force after being signed by the President of the Republic.
3. Amendments and additions to the Constitution shall be adopted by a majority of at least three quarters of the votes of the total number of deputies in each Chamber.
4. Constitutional laws on matters specified in the Constitution shall be adopted by a majority of at least two-thirds of the votes of the total number of deputies in each Chamber.
5. Laws shall be adopted by the Mazhilis, approved by the Senate by a majority of the total number of deputies of the Chambers, unless the Constitution provides otherwise.

Resolutions of Parliament and its Chambers shall be adopted by a majority of the total number of deputies in the Chambers, unless the Constitution provides otherwise.

6. Issues of introducing amendments and additions to the Constitution of the Republic of Kazakhstan, draft constitutional laws shall be considered in at least two readings.
7. Laws of the Republic, resolutions of the Parliament and its Chambers shall not contradict the Constitution. Resolutions of the Parliament and its Chambers shall not contradict the laws.
8. The order of drafting, submission, discussion, adoption and publication of laws and other regulatory legal acts of the Republic shall be determined by a special law and the Rules of Procedure of Parliament and its Chambers.

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Section 5: The Government

• Article 66

  The Government of the Republic of Kazakhstan shall:

  1. develop and organise the implementation of the main directions of social and economic policy of the state, its defence, security and public order; in agreement with the President of the Republic, approve state programmes and ensure their implementation;
  2. submit to Parliament republican budget, together with a report on its execution, and ensure its execution;
  3. submit bills to the Mazhilis and ensure their implementation;
  4. organise the administration of State property;
  5. develop measures to implement the foreign policy of the Republic;
  6. direct the activities of ministries, state commissions and other central and local executive bodies;
  7. shall have the power to cancel or suspend, in whole or in part, the activities of Ministries, State Commissions and other central and local executive bodies of the Republic;
  8. Excluded by the Law of the Republic of Kazakhstan No. 51-VI of 10 March 2017 (in force from the date of its first official publication);
  9. Excluded by the Law of the Republic of Kazakhstan No. 284-I of 7 October 1998;
  10. -1) in agreement with the President of the Republic, approve a unified system of financing and remuneration of employees for all bodies operating at the expense of the state budget;
  11. perform other functions assigned to it by the Constitution, laws and presidential decrees.

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A note on translation

• The text of the Constitutions is sourced from the Office of the President (Constitution of the Republic of Kazakhstan and may not represent the best and accurate translation of the underlying original text.