The Constitution of Kazakhstan

"The constitutional reform marked the beginning of a new era in the history of Kazakhstan.

From now on, the principles of justice, transparency and solidarity will be strictly observed."

President Kassym-Jomart Tokayev

на русском. қазақша. in English.

Section IV. Parliament

Article 49

1. The Parliament of the Republic of Kazakhstan is the highest representative body of the Republic exercising legislative power.

2. Parliament's powers shall begin from the opening of its first session and terminate with the first session of the Parliament of a new convocation.

3. The powers of Parliament may be terminated early in cases and as stipulated by the Constitution.

4. Constitutional Law shall determine the organization and activity of Parliament as well as the legal status of its deputies.

Article 50

1. The Parliament shall consist of two Chambers: the Senate and the Mazhilis, which act on a permanent basis.

2. The Senate shall be composed of deputies in the procedure stipulated by Constitutional Law: represented by two individuals from each region, city of republic significance, and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate shall be assigned by the President of the Republic, accounting for the need to provide in the Senate for representation of national, cultural and other significant interests of the society.

3. The Mazhilis shall consist of one hundred and seven deputies elected in the procedure established by Constitutional Law.

4. A deputy of Parliament may not be a member of both Chambers at the same time.

5. The term of powers of the Senate’s deputies shall be six years, and the term of the deputies of the Mazhilis shall be five years.

Article 51

1. Election of the ninety-eight deputies of the Mazhilis shall be carried out by the universal, equal and direct suffrage by secret ballot. Nine deputies of the Mazhilis shall be elected by the Assembly of the People of Kazakhstan. Regular elections of the deputies of the Mazhilis shall be held no later than two months before the expiry of the term of powers of the current Parliament convocation.

2. The election of deputies of the Senate shall be carried out on the basis of indirect suffrage by secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the expiry of their term of office.

3. Extraordinary elections of the deputies of Parliament or the Mazhilis of Parliament shall be held within two months from the day of early termination of the powers of Parliament or the Mazhilis of Parliament respectively.

4. A deputy of Parliament may be a person who is a citizen of the Republic of Kazakhstan and who has been a permanent resident for the last ten years on its territory. A deputy of the Senate may be a person who has reached thirty years of age, has a higher education and length of service of not less than five years, and has been a permanent resident for not less than three years on the territory of the respective region, city of republic significance or the capital of the Republic. A deputy of the Mazhilis may be a person who has reached twenty-five years of age.

5. Constitutional Law shall regulate elections of the deputies of the Parliament of the Republic.

6. A deputy of Parliament shall take an oath before the people of Kazakhstan.

Article 52

1. Excluded by the Law of the Republic of Kazakhstan dated No. 254 dated May 21, 2007 (shall be applied from the date of its official publication).

2. Deputies of Parliament are obliged to take part in its work. Voting in Parliament shall be carried out by the deputy only in person. The absence of a deputy without a clear reason at meetings of the Chambers and their bodies more than three times, as well as the transfer of the right to vote, entails the application to the deputy of statutory measures of punishment.

3. A deputy of Parliament shall not have the right to be a deputy of another representative body, occupy other paid positions, except teaching, research, and creative activities, be engaged in entrepreneurial activity, be a member of a governing body or a supervisory board of a commercial organization. Violation of this rule shall entail the termination of a deputy's powers.

4. A deputy of Parliament during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed judicially, charged with criminal liability without the consent of a respective Chamber except for cases of being detained at the scene of a crime or the commission of serious crimes.

5. The powers of a deputy of the Parliament shall be terminated in cases of resignation, death, being recognized as incapable, dead or untraceable by a valid judgment of the court, and in other cases stipulated by the Constitution and the Constitutional Law.

A deputy of the Parliament shall be deprived of his mandate in cases of:

1) his departure for permanent residence beyond the Republic of Kazakhstan;

2) the entry into force against him of a conviction rendered by a court;

3) loss of citizenship of the Republic of Kazakhstan.

A deputy of the Mazhilis of Parliament shall be deprived of his mandate in cases of:

1) withdrawal or expulsion of a deputy from a political party, from which, in accordance with constitutional law, he has been elected;

2) termination of a political party, from which, in accordance with constitutional law, he has been elected.

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

The powers of the deputies of Parliament and the Mazhilis of Parliament shall be terminated early in cases of dissolution of Parliament and the Mazhilis of Parliament respectively.

6. Preparation of issues concerning the application of penalty measures to the deputies, their compliance with the requirements of item 3 of this article, rules of deputy ethics, as well as termination of the deputies' powers and deprivation of their powers and deputy inviolability, shall be imposed by the Central Election Commission of the Republic of Kazakhstan.

Article 53

Parliament at a joint session of the Chambers shall:

1) introduce amendments and supplements to the Constitution pursuant to the proposal of the President of the Republic of Kazakhstan;

1-1) adopts constitutional laws;

1-2) holds a second discussion and vote on constitutional laws or articles of the constitutional law that have raised objections of the President of the Republic, within one month from the date of sending objections. Failure to comply with this deadline means acceptance of the President's objections. If the Parliament, by a three-quarters majority of the total number of deputies of each Chamber, overcomes the objections of the President, the President signs the constitutional law within one month. If the President's objections are not overcome, the constitutional law is considered rejected or adopted in the wording proposed by the President;

2) approve the reports of the Government and the Accounts Committee for Control over Implementation of Republican Budget on the implementation of the national budget. Failure to approve the report of the Government on the execution of the Republican Budget by Parliament means that the Parliament expresses a vote of no confidence in the Government;

3) Excluded by the Law of the Republic of Kazakhstan No.51-VI dated March 10, 2017 (shall be applied from the date of its first official publication).);

4) take a decision on war and peace issues;

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

6) grant a hearing of annual messages of the Constitutional Council on the state of the constitutional legality in the Republic;

7) form joint commissions of the Chambers, elect and release their chairpersons from office, hear reports on the activity of the commissions;

8) exercise other powers assigned to the Parliament by the Constitution.

Article 54

1. Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate shall adopt constitutional and other laws as well as:

1) Approve the national budget and make amendments and supplements thereto;

2) Establish and annul state taxes and dues;

3) Establish the rules for resolution of issues related to the administrative and territorial structure of the Republic of Kazakhstan;

4) Institute state awards, honorary, military and other titles, ranked positions, diplomatic ranks of the Republic of Kazakhstan, and determine state symbols of the Republic;

5) resolve issues of state loans and economic and other assistance granted by the Republic of Kazakhstan;

6) Resolve amnesty issues;

7) Ratify and denounce international treaties of the Republic.

2. The Parliament at a separate session of the Chambers through consecutive consideration of issues first in the Mazhilis and then in the Senate shall:

1) Discuss the National Budget Performance Report;

2) if a law or an article of the law gives rise to objections by the President of the Republic of Kazakhstan, Parliament shall hold a repeated discussion and voting on the laws or articles of the law within a month from the day of the submission of any objections. Failure to comply with this term shall indicate acceptance of the President’s objections. If the Mazhilis and the Senate by a majority of two thirds of the total deputies of each Chamber approve the earlier decision, the President shall sign the law within a month. If neither of the two Chambers votes against the President's objections, the law shall be deemed either rejected or adopted in the wording proposed by the President. If the Head of State has any objections to constitutional laws adopted by the Parliament, these shall be considered in the procedure stipulated by this sub-item. If the President has objections to the constitutional laws, these may be rejected by a vote of at least three quarters of the total membership of each chamber.

3) Initiate the national referendum.

Article 55

The following shall be the exclusive responsibility of the Senate:

1) Election and release from office of the Chairperson of the Supreme Court and judges of the Supreme Court of the Republic of Kazakhstan upon the recommendation of the President of the Republic of Kazakhstan, and swearing them into office;

1-1) election of The Human Rights Commissioner in Kazakhstan for a five-year term and his release from office upon the recommendation of the President of the Republic of Kazakhstan;

2) approval of the President’s nominees for Chairperson of the National Bank, Prosecutor General and the Chairperson of the National Security Committee of the Republic of Kazakhstan;

3) removal of immunity of the Prosecutor General, the Chairperson and judges of the Supreme Court of the Republic;

4) has been excluded pursuant to the RoK Law dated May 21, 2007 N 254, (is enacted from the date of its official publishing);

5) performance of the Parliament’s functions with regard to adoption of constitutional and other laws, when the Mazhilis is absent due to the early termination of its powers;

6) performance of other powers that have been conferred upon the Senate by the Constitution.

Article 56

1. The following shall be the exclusive responsibility of the Mazhilis:

1) The decision to consider draft constitutional and other laws submitted to Parliament and the consideration of such laws.;

2) acceptance of the President's candidate for Prime Minister by a majority vote of the total number of deputies of the Chamber.;

3) Announcement of the regular Presidential elections in the Republic;

3-1) hearing twice a year the report of the Chairman of the Supreme Audit Chamber;

4) performance of other powers that have been conferred upon the Mazhilis by the Constitution.

2. Upon the proposal of at least one fifth of its total membership, the Mazhilis is empowered to adopt by a simple majority of its total membership, a vote of no confidence in the Government.

Article 57

Each of the Parliament Chambers shall independently, without participation from the other Chamber:

1) appoint two members of the Constitutional Council; appoint two members of the Central Election Commission for a five-year term; and appoint three members of the Accounts Committee for Control over Implementation of the Republican Budget;

2) delegate half of the members of the commission formed by Parliament in the case provided for in Article 47.1 of the Constitution;

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

4) terminate the powers of the Chambers’ deputies, and upon recommendation of the Prosecutor General of the Republic of Kazakhstan, resolves the issues of their immunity removal;

5) hold Parliamentary hearings on the issues of its responsibilities;

6) have the right, on the initiative of a vote by at least one third of the total membership, to hear the reports of the Government on their performance. After the hearings, a majority of at least two-thirds vote of the total membership of the Chamber, is entitled to adopt the request of the President of the Republic to remove from office the member of the Government who failed to comply with the legislation of the Republic. The President shall then dismiss that member.

7) establish the coordinating and working bodies of the Chambers;

8) adopt the regulations of their activities, other decisions on the issues of the Chamber structure and the internal code of conduct.

Article 58

1. The Chambers shall be headed by their chairpersons, who are elected by the Senate and the Mazhilis from among the deputies who are fluent in the state language, by a secret vote of a majority of the total membership. The Senate Chairperson shall be nominated by the President of the Republic of Kazakhstan. The Mazhilis Chairperson shall be nominated by the Chamber deputies.

2. The Chairpersons of the Chambers may be released from office and are entitled to submit their resignation by way of a majority vote by the Chambers.

3. The Chairpersons of Parliament's Chambers shall:

1) convene and chair sessions of the Chambers;

2) exercise general supervision of the issues subject to consideration by the Chambers;

3) nominate the Deputy Chairs of the Chambers;

4) ensure the respect for the regulations by Chambers in their activity;

5) supervise the activity of the coordinating bodies of the Chambers;

6) sign acts issued by the Chambers;

7) nominate the members of the Constitutional Council, the Central Election Commission and the Accounts Committee for Control over Implementation of the Republican Budget;

8) comply with other duties entrusted by the Regulation of Parliament.

4. The Mazhilis Chairperson shall:

1) open the sessions of Parliament;

2) convene regular joint sessions of the Chambers and chair the regular and extraordinary joint sessions of the Chambers.

5. The Chairpersons of the Chambers shall issue instructions on the matters of their responsibility.

Article 59

1. Parliamentary sessions shall proceed in the form of joint and separate sessions of the Chambers.

2. The President of the Republic of Kazakhstan shall convene the first session no later than thirty days after the election results are published.

3. The regular sessions of the Parliament shall be held once a year from the first business day of September to the last business day of June.

4. Generally the session of Parliament shall be opened by the President of the Republic and closed at joint sessions of the Senate and Mazhilis. During the intersession period, the President of the Republic of Kazakhstan, either on his own initiative, or at the suggestion of one of the Chairpersons or at least one-third of the total membership of the Parliament, is entitled to convene an extraordinary session of Parliament. Only the issues that were the reason for the convocation shall be considered at this session.

5. Joint and individual sessions of the Chambers shall be held if at least two-thirds of the total membership of each Chamber are present.

6. Joint and individual sessions of the Chambers shall be open. If provided for by the regulations, the session may be held behind closed doors. The President of the Republic, the Prime Minister and members of the Government, the Chair of the National Bank, the Prosecutor General, and the Chairperson of the National Security Committee shall have the right to be present at any session and be heard.

Article 60

1. The Chambers shall establish standing committees with at least seven members in each Chamber.

2. The Senate and Mazhilis shall have the right to establish joint commissions in equal numbers to resolve the issues related to their joint activities.

3. The committees and commissions shall issue resolutions on the matters of their responsibility.

4. The law shall govern the procedure of the establishment of these committees, their powers and workflow management.

Article 61

1. The President of the Republic, the Deputies of Parliament and the Government shall have the right of a legislative initiative which shall be realized only in the Mazhilis.

2. The President of the Republic of Kazakhstan shall have the right to determine priority consideration of draft laws which means that the draft law shall be adopted as a matter of urgency within two months.

Draft laws introduced as a legislative initiative of the Government of the Republic in order to promptly respond to conditions that pose a threat to the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country, are subject to consideration by the Parliament immediately at a joint session of its Chambers.

3. Parliament shall have the right to issue laws that regulate the most important public relations and establish fundamental principles and standards relating to:

1) the legal capacity of individuals and legal entities, civil freedoms and rights, and the obligations and responsibilities of individuals and legal entities;

2) the system of ownership and other real property rights;

3) the basis of the organization and activities of central and local government bodies and of civil and military service;

4) taxation and the application of fees and other mandatory charges;

5) the republican budget;

6) issues of the judicial system and legal proceedings;

7) education, health care and social provisions;

8) the privatization of enterprises and their property;

9) environmental protection;

10) the administrative and territorial structure of the Republic;

11) national defence and security.

All other issues are covered by local by-laws.

In the case of the introduction of draft laws to the Parliament provided for in paragraph 2 of this Article, the Government of the Republic has the right to adopt, under its responsibility, temporary regulatory legal acts having the force of law on the issues specified in part one of this paragraph, which are valid until the entry into force of laws adopted by the Parliament or until the Parliament does not adopt laws.

4. If the Mazhilis consider and adopt draft law by a majority vote of the total number of its deputies, this draft law shall be submitted to the Senate for consideration within not more than sixty days. If the Senate by majority vote of the total number of its deputies agrees with the proposed draft law, the law shall be deemed to be adopted, subject to the submission to the President for signing. If Senate reject the draft law by majority vote of the total number of its deputies, this draft law shall be returned to the Mazhilis. If the Mazhilis, by the majority vote of two-thirds of the total number of deputies, agrees with the draft law once again, this draft law shall be submitted to the Senate for a second discussion and voting. A twice-rejected draft law may not be submitted again during the same session.

5. Amendments and supplements to a draft law proposed by Senate by the majority vote of the total number of its deputies, shall be sent to the Mazhilis. If the Mazhilis by the majority vote of the total number of its deputies agree with the proposed amendments and supplements, the law shall be deemed to be adopted. If the Mazhilis by the same majority vote rejects the amendments and supplements proposed by the Senate by the same majority vote, the disagreement between the Chambers shall be resolved through conciliatory procedures.

5-1. If the Mazhilis consider and adopt the draft constitutional law by at least two-thirds vote of the total number of its deputies, this draft law shall be submitted to the Senate for consideration within not more than sixty days. If the Senate adopt the draft by at least a two-thirds vote of the total number of its deputies, then the constitutional law shall be deemed adopted and is subject to submission to the President of the Republic of Kazakhstan within ten days for signing. The Mazhilis or the Senate may reject the draft constitutional law as a whole by a majority vote of the total number of the deputies of the Chamber. The amendments and supplements to a draft constitutional law proposed by Senate by the two-thirds vote of its deputies, shall be sent to the Mazhilis. If the Mazhilis by the two thirds vote of its deputies agrees with the proposed amendments and supplements, the constitutional law shall be deemed to be adopted. If the Mazhilis by the same majority vote rejects the amendments and supplements proposed by the Senate, the disagreement between the Chambers shall be resolved through conciliatory procedures.

6. The draft laws that provide for the reduction of state revenues or increase in state expenditures may only be submitted when there is a positive resolution of the Government of the Republic of Kazakhstan. This resolution shall not be required with respect to the draft laws that are subject to consideration by the Mazhilis of the Parliament as part of the legislative initiative of the President of the Republic of Kazakhstan.

7. If the draft law submitted by the Government has not been adopted, the Prime- Minister shall have the right to raise an issue of confidence in the Government at a joint session of the Chambers. The voting on this issue shall be held no earlier than forty-eight hours from the moment of calling for a vote of confidence. If the call for a vote of confidence does not receive the majority vote of the total number of deputies of each Chambers, a draft law shall be deemed to be adopted without voting. However, the Government may not exercise this right more than twice a year.

Article 62

1. The Parliament adopts legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of Parliament, and resolutions of the Senate and the Mazhilis which are binding throughout the territory of the Republic.

2. The laws of the Republic come into force after the President of the Republic signs them.

3. Amendments and additions to the Constitution shall be made by a majority of at least three-quarters of the votes of the total number of deputies in each Chamber.

4. Constitutional laws shall be adopted on issues stipulated by the Constitution by a majority of at least two-thirds of the votes of the total number of deputies of each Chamber.

5. Legislative acts of Parliament and its Chambers shall be adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.

6. At least two readings on the introduction of amendments and additions to the Constitution of the Republic of Kazakhstan shall be conducted.

7. Laws of the Republic and resolutions of Parliament and its Chambers shall not contradict the Constitution. Resolutions of Parliament and its Chambers should not contradict the laws.

8. The order of development, presentation, discussion, enactment and publication of legislative and other regulatory legal acts of the Republic shall be governed by the special law and regulation of Parliament and its Chambers.

Article 63

1. The President of the Republic, after consulting with the chairpersons of the Chambers of Parliament and the Prime Minister, may dissolve Parliament or the Mazhilis of Parliament.

2. The Parliament and Mazhilis of the Parliament cannot be dissolved during a state of emergency or martial law, or during the last six months of the office of the President, or within one year of the previous dissolution.