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 IX. Final and Transitional Provisions

Article 90

1. The Constitution of the Republic of Kazakhstan, adopted at a republican referendum, enters into force from the day of the official publication of the results of the referendum, with simultaneous termination of the previously adopted Constitution of the Republic of Kazakhstan.

2. The day of adoption of the Constitution at a republican referendum is declared a public holiday - the Day of the Constitution of the Republic of Kazakhstan.

Article 91

1. Amendments and additions to the Constitution of the Republic of Kazakhstan may be introduced by a republican referendum, held by decision of the President of the Republic, adopted by him on his own initiative or on the proposal of Parliament or the Government. The draft amendments and additions to the Constitution shall not be submitted to the republican referendum if the President decides to submit it to Parliament. The decision of Parliament shall be made in this case in the manner prescribed by the Constitution. If the President of the Republic rejects the proposal of Parliament to submit amendments and additions to the Constitution to the republican referendum, the Parliament has the right to adopt a law that makes these amendments and additions to the Constitution by a majority of at least four fifth votes of the total number of deputies of each Chamber of Parliament. In this case, the President of the Republic signs this law or submits it to the republican referendum, which is considered valid if more than half of the citizens of the Republic who have the right to participate in the republican referendum took part in the vote. Amendments and additions to the Constitution which are submitted to the republican referendum, are considered adopted if more than half of the citizens who took part in the voting voted for them in at least two thirds of regions, cities of republican significance and the capital.

2. The independence of the state established by the Constitution, the unitarity and territorial integrity of the Republic, the form of the Republic’s government as well as the fundamental principles of the Republic which were laid down by the Founder of independent Kazakhstan, the First President of the Republic of Kazakhstan - ,Yelbasy, and its status are unchanged.

3. Changes and additions to the Constitution of the Republic shall be submitted to the republican referendum or to the Parliament of the Republic for consideration if the opinion of the Constitutional Council on their compliance with the requirements established by paragraph 2 of this article is available.

Article 92

1. Constitutional laws shall be adopted within a year from the day the Constitution enters into force. If laws that are defined as constitutional in the Constitution, or acts that have the power of such have been adopted by the time it enters into force, then they are brought into line with the Constitution and are considered constitutional laws of the Republic of Kazakhstan.

2. Other laws named in the Constitution shall be adopted in the order and terms determined by the Parliament, but not later than two years from the day the Constitution enters into force.

3. Decrees of the President of the Republic, issued during the term of exercising additional powers in accordance with the Law of the Republic of Kazakhstan of December 10, 1993 On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations and having the force of law, may be modified, added or cancelled only in the manner which provides for the changing, supplementing or repealing of the laws of the Republic. Decrees of the President of the Republic, issued during the term of exercising additional powers, on matters provided for by paragraphs 12-15, 18 and 20 of Article 64 of the Constitution of the Republic of Kazakhstan, adopted on January 28, 1993, are not subject to approval by the Parliament of the Republic.

4. Legislation of the Republic of Kazakhstan which is in force at the time the Constitution comes into force shall be applied to the extent that does not contradict the Constitution, and within two years of the date of adoption of the Constitution should be brought into line with it.

Article 93

In order to implement Article 7 of the Constitution, the Government along with local representative and executive bodies are obliged to create all the necessary organizational, material and technical conditions for free, as well as free of charge learning of the state language by all citizens of the Republic of Kazakhstan in accordance with a special law.

Article 94

1. The President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan which is in force at the time the Constitution enters into force, acquires the powers of the President of the Republic of Kazakhstan established by it and implements these powers during the period established by the decision adopted at the republican referendum on April 29, 1995. With the consent of the President of the Republic of Kazakhstan, the present 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 meeting of its Chambers by a majority of votes from the total number of deputies of each Chamber. In this case, the Mazhilis of the Parliament shall, within one month, appoint the election of the President of the Republic of Kazakhstan. The President of the Republic, elected on the basis of these elections, shall take the oath within one month of the date of publication of the election results, and exercises his authority until taking office as President of the Republic, elected at the next presidential election, to be held after seven years on the first Sunday of December.

2. The Vice-President of the Republic of Kazakhstan, elected in accordance with the legislation of the Republic of Kazakhstan in force at the time the Constitution enters into force, shall retain his authority until the expiration of the term for which he was elected.

Article 94-1

The provision of paragraph 1 of Article 41 of the Constitution, which determines the term of office of the President of the Republic, applies to a person who will be elected President of the Republic following the presidential election held in connection with the expiration of the seven-year term of office of the President of the Republic elected in the elections dated December 4, 2005.

Article 95

1. One half of the deputies of the Senate of the first convocation shall be elected for a term of four years, the other half of the deputies for a term of two years, in accordance with the procedure established by constitutional law.

2. The provisions of the Constitution of the Republic of Kazakhstan, on the election of deputies of the Mazhilis of Parliament and on the basis of party lists, apply after the election of deputies of the Mazhilis of Parliament of the second convocation.

Article 96

From the day the Constitution enters into force, the Cabinet of Ministers of the Republic of Kazakhstan acquires the rights, duties and responsibilities of the Government of the Republic of Kazakhstan established by it.

Article 97

The first composition of the Constitutional Council of the Republic of Kazakhstan is formed as follows: each of the President of the Republic, the Chairperson of the Senate of Parliament and the Chairperson of the Mazhilis of the Parliament shall appoint one member of the Constitutional Council for a term of three years, with the exception of the Chairperson of the Constitutional Council who shall be appointed by the President Republic for a period of six years.

Article 98

1. The bodies of justice and investigation provided for by the Constitution shall be formed in the manner and within the periods stipulated by the relevant laws. Prior to their formation, the existing justice and investigation bodies shall retain their authority.

2. Judges of the Supreme Court, the Supreme Arbitration Court, and local courts of the Republic of Kazakhstan shall retain their powers until the formation of courts stipulated by the Constitution. Vacant positions of judges shall be replaced in the manner prescribed by the Constitution.

Article 99

1. Until the formation of the Constitutional Court and the Supreme Audit Chamber, the Chairmen and members of the Constitutional Council and the Accounts Committee for Control over the Execution of the republican Budget retain their powers.

Prior to the formation of the Constitutional Court, the functions of the Constitutional Court provided for in paragraphs 1 and 2 of Article 72 of the Constitution are performed by the Constitutional Council.

2. Normative resolutions of the Constitutional Council shall be applied in the part that does not contradict the Constitution, until they are reviewed by the Constitutional Court.

3. The provisions of the Constitution of the Republic of Kazakhstan on the formation of Chambers of Parliament are applied starting from the election of deputies of the Majilis of the eighth convocation.