Section VIII. State Administration and Self-Government
Article 85
Local state administration is carried out by local representatives and executive bodies that are responsible for the state of affairs in the relevant territory.
Article 86
1. Maslikhats are local representative bodies that express the will of the population and of the respective administrative-territorial units and, taking into account national interests, determine the measures necessary for its implementation and control their implementation.
2. Maslikhats shall be elected by the population on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.
3. A citizen of the Republic of Kazakhstan who has reached twenty years of age may be elected deputy of the Maslikhat. A citizen of the Republic may be a deputy of only one Maslikhat.
4. The jurisdiction of Maslikhats includes:
1) the approval of plans, economic and social development programs of the territory and local budgets, and reports on their execution;
2) the solution of issues related to their jurisdiction of the local administrative-territorial structure;
3) the consideration of reports of the heads of local executive bodies on issues that are referred by law to the competence of the Maslikhat;
4) the formation of standing commissions and other working bodies of the Maslikhat, the hearing of reports on their activities, and the solution of other issues related to organization of work in Maslikhat;
5) implementation in accordance with the legislation of the Republic of other powers to ensure the rights and legitimate interests of citizens.
5. The powers of the Maslikhat may be terminated early by the President of the Republic following consultations with the Prime Minister and the Presidents of the Chambers of Parliament, as well as if the Maslikhat makes a decision on self-dissolution.
6. The competence of Maslikhats, the order of their organization and activities, and the legal status of their deputies are established by law.
Article 87
1. Local executive bodies are included in the unified system of executive bodies of the Republic of Kazakhstan, and ensure the implementation of the state-wide policy of the executive power in combination with the interests and development needs of the relevant territory.
2. The jurisdiction of local executive bodies includes:
1) the development of plans, economic and social development programs of the territory, and local budget, including ensuring their implementation;
2) the management of communal property;
3) the appointment and dismissal of heads of local executive bodies, and the solution of other issues related to the organization of work of local executive bodies;
4) the implementation in the interests of the local government of other powers imposed on local executive bodies by the legislation of the Republic.
3. Each local executive body is headed by the Akim (Mayor) of the relevant administrative and territorial unit, which is the representative of the President and the Government of the Republic.
4. Akims of regions, cities of republican significance and the capital are appointed by the President of the Republic with the consent of Maslikhats of regions, cities of republican significance and the capital, respectively. Akims of other administrative-territorial units shall be appointed or elected to office, as well as dismissed from office in the manner determined by law. The President of the Republic has the right, at his discretion, to dismiss the Akims from office.
5. On the initiative of at least one-fifth of the total number of Maslikhat deputies, the question of expressing a vote of no confidence in the Akim may be raised. In this case, the Maslikhat has the right to express no confidence in the Akim by the majority of votes of the total number of his deputies and raise the question of his release from office to the President of the Republic or the higher Akim, respectively. Powers of Akims of regions, cities of republican significance and the capital shall be terminated when the newly elected President of the Republic takes office.
6. The competence of local executive bodies, the organization and the procedure for their activities shall be established by law.
Article 88
1. Maslikhats make decisions on issues of their competence, and Akims make decisions and orders that are binding on the territory of the corresponding administrative and territorial unit.
2. Draft decisions of Maslikhats providing for a reduction in local budget revenues or an increase in local budget expenditures can be submitted for consideration only if there is a positive conclusion by an Akim.
3. Decisions of Maslikhats that do not comply with the Constitution and legislation of the Republic of Kazakhstan may be cancelled in court.
4. Decisions and orders of Akims can be reversed by the President, the Government of the Republic of Kazakhstan or a higher Akim respectively, as well as in court.
Article 89
1. In the Republic of Kazakhstan, local self-government is recognized, which provides for independent decision-making by the population regarding local issues.
2. Local self-government is exercised by the population directly, as well as through Maslikhats and other local self-government bodies in local communities covering the territories in which population groups live compactly.
In accordance with the law, local governments may be delegated the exercise of state functions.
3. The organization and activities of local self-government in Kazakhstan are regulated by law.
4. Independence of local governments is guaranteed within the limits of their authority established by law.
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