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 VI. Constitutional Council

Article 71

1. The Constitutional Council of the Republic of Kazakhstan consists of seven members, whose powers last six years. Life members of the Constitutional Council are ex-Presidents of the Republic.

2. The Chairperson of the Constitutional Council is appointed by the President of the Republic, and in the event of a split of votes equally, his vote is decisive.

3. Two members of the Constitutional Council are appointed by the President of the Republic and two members of the Constitutional Council are appointed by the Senate and the Mazhilis, respectively.

Half the members of the Constitutional Council are renewed every three years.

4. The position of the Chairperson and member of the Constitutional Council is incompatible with the deputy mandate, the occupation of other paid positions except for teaching, scientific or other creative; or entrepreneurial activities, membership in the governing body or supervisory board of a commercial organization.

5. The Chairperson and members of the Constitutional Council during their term of office may not be arrested, subjected to detention, administrative measures imposed in court, or brought to criminal responsibility without the consent of Parliament, except in cases of detention at the crime scene or committing serious crimes.

6. The organization and activities of the Constitutional Council are governed by constitutional law.

Article 72

1. The Constitutional Council, on the appeal of any of the following: the President of the Republic of Kazakhstan, the Chairperson of the Senate, the Chairperson of the Mazhilis, at least one fifth of the total number of deputies of the Parliament, and the Prime Minister:

1) decides in the event of a dispute the question of correctness of election conduct of the President of the Republic, the deputies of Parliament and the conduct of a republican referendum;

2) considers, before they are signed by the President, the laws adopted by the Parliament for their compliance with the Constitution of the Republic;

2-1) considers, for compliance with the Constitution of the Republic, resolutions adopted by the Parliament and its Chambers;

3) considers, before ratification, the international treaties of the Republic for compliance with their Constitution;

4) gives an official interpretation of the norms of the Constitution;

5) gives conclusions in cases provided for by paragraphs 1 and 2 of Article 47 of the Constitution.

2. The Constitutional Council examines the appeals of the President of the Republic in the cases provided for by subparagraph 10-1) of Article 44 of the Constitution, as well as the appeals of the courts in the cases established by Article 78 of the Constitution.

3. The Constitutional Court, on the appeals of citizens, considers for compliance with the Constitution of the Republic the normative legal acts of the Republic of Kazakhstan directly affecting their rights and freedoms enshrined in the Constitution.

The procedure and conditions for citizens to apply to the Constitutional Court are determined by the constitutional law.

4. The Constitutional Court, upon the appeals of the Prosecutor General of the Republic, considers the issues specified in sub-paragraphs 3) and 4) of paragraph 1 of this Article, as well as regulatory legal acts of the Republic of Kazakhstan for their compliance with the Constitution of the Republic.

5. The Constitutional Court, upon the appeals of the Commissioner for Human Rights, considers normative legal acts affecting the rights and freedoms of person and citizen enshrined in the Constitution for compliance with the Constitution of the Republic.

Article 73

1. In case of an appeal to the Constitutional Council on issues specified in subparagraph 1) of paragraph 1 of Article 72 of the Constitution, the entry into the office of the President, the registration of elected deputies of the Parliament or the summing up of the republican referendum are suspended.

2. In case of appeal to the Constitutional Council on the issues specified in subparagraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution, the time period for signing or ratifying the relevant acts is suspended.

3. The Constitutional Council shall make its decision within one month from the day the application is received. At the request of the President of the Republic, this period may be shortened to ten days if the issue does not tolerate delay.

4. Excluded by the Law of the Republic of Kazakhstan dated 10.03.2017 No. 51-VI (shall be enforced from the date of its first official publication).

Article 74

1. Laws and international treaties recognized as non-compliant with the Constitution of the Republic of Kazakhstan may not be signed or, accordingly, ratified and enforced.

2. Laws and other legal acts recognized as unconstitutional, including those that infringe the rights and freedoms of a person and citizen enshrined in the Constitution, are repealed and shall not be applied.

3. Decisions of the Constitutional Council come into force on the day of their adoption, are generally binding throughout the territory of the Republic, are final and not subject to appeal.