Section II. Person and Citizen
1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated, as prescribed by law and shall be indivisible and equal regardless of the grounds of its acquisition.
2. A citizen of the Republic shall not be deprived of citizenship, the right to change such citizenship, and also may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for the commission of terrorist crimes, as well as for causing other grave harm to the vital interests of the Republic of Kazakhstan.
3. Foreign citizenship of a citizen of the Republic shall not be recognized.
1. A citizen of the Republic of Kazakhstan shall not be extradited to a foreign state unless otherwise stipulated by international agreements of the Republic.
2. The Republic shall guarantee protection and patronage to its citizens outside its boundaries.
1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.
2. Human rights and liberties shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory and legal acts.
3. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship.
4. Foreigners and stateless people in the Republic shall enjoy rights and freedoms as well as bear responsibilities, established for the citizens unless otherwise stipulated by the Constitution, laws and international agreements.
5. The exercise of a citizen's human rights and freedoms must not violate the rights and freedoms of other people nor infringe on the constitutional system and public morals.
1. Everyone has the right to recognition of his/her legal personality and the right to protect his/her rights and freedoms by all means not contradicting the law, including the necessary defense.
2. Everyone shall have the right to legal defense of his rights and freedoms.
3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.
1. Everyone shall be equal before the law and court.
2. No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances.
1. Everyone shall have the right to life.
2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is established by law as an exceptional punishment for terrorist offenses involving the death of people, as well as for particularly serious crimes committed in wartime, with giving the sentenced person the right to seek pardon.
1. Everyone shall have the right to personal freedom.
2. Arrest and detention shall be allowed only in cases stipulated by law and only with the authorization of the with the right of appeal. Without the authorization of the court, a person shall be detained for a period of not more than seventy-two hours.
3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a lawyer (defender) from the moment of detention, arrest or accusation.
1. Human dignity shall be inviolable.
2. No one should be subjected to torture, violence, abusive or other treatment and punishment degrading human dignity.
1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity.
2. Everyone shall have the right to confidentiality of individual deposits and savings, correspondence, telephone conversations, postal, telegraph, and other messages. The limitation of this right shall be permitted only in cases and according to the procedure directly established by law.
3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to become familiar with the documents, decisions and other sources of information concerning his rights and interests.
1. Everyone shall have the right to determine and indicate or not indicate his national, party and religious affiliation.
2. Everyone shall have the right to use his native language and culture, to freely choose the language of communication, education, instruction and creative activities.
1. Freedom of speech and creative activities shall be guaranteed. Censorship shall be prohibited.
2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.
3. Propaganda or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, and clannish superiority as well as the cult of cruelty and violence, shall not be allowed.
1. Everyone who has the legal right to stay within the territory of the Republic of Kazakhstan shall have the right to free movement throughout its territory and free choice of a place of residence, except in cases stipulated by law.
2. Everyone shall have the right to leave the territory of the Republic. Citizens of the Republic shall have the right to return to the Republic freely.
1. Everyone shall have the right to freedom of conscience.
2. The right to freedom of conscience shall not specify or limit universal human and civil rights and responsibilities before the state.
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of forming associations. The activities of public associations shall be regulated by law.
2. Military servants, employees of national security agencies, law enforcement agencies and judges shall not be members of parties, trade unions, or speak in support of any political party.
1. Everyone shall have the right to freedom of labor, free choice of occupation and profession. Involuntary labor shall be permitted only by a court sentence or in the conditions of a state of emergency or martial law.
2. Everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, as well as to social protection against unemployment.
3. The right to individual and collective labor disputes using the methods for resolving them, established by law, including the right to strike, shall be recognized.
4. Everyone shall have the right to rest. Working labor agreements specifying the length of working time, days off and holidays, and paid annual leave shall be guaranteed by law.
1. The right to housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court judgment. Entry into housing, its inspection and search shall be permitted only in certain cases and according to the procedure stipulated by law.
2. Provisions to provide citizens with housing in the Republic of Kazakhstan shall be created. Citizens in need of housing shall be categorized in a manner, to be prescribed by law and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law.
1. Citizens of the Republic of Kazakhstan shall privately own any legally acquired property.
2. The property, including the right of inheritance, shall be guaranteed by law.
3. No one may be deprived of his property unless otherwise stipulated by a court judgment. Forcible alienation of property for public use in extraordinary cases specified by law shall be exercised on condition of its equivalent compensation.
4. Everyone shall have the right to freedom of entrepreneurial activity, and free use of property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and limited by law. Unfair competition shall be prohibited.
1. Marriage and family, motherhood, fatherhood, and childhood shall be under the protection of the state.
2. Care and upbringing of children shall be a natural right and responsibility of parents.
3. Adult, able-bodied children must take care of their disabled parents.
1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of the main income-provider and other legal grounds.
2. Voluntary social insurance, the creation of additional forms of social security, and charity shall be encouraged.
1. Citizens of the Republic of Kazakhstan shall have the right to protection of health.
2. Citizens of the Republic shall be entitled to free, guaranteed, extensive medical assistance established by law.
3. Paid medical treatment shall be provided by state and private medical institutions, as well as by people engaged in private medical practice on terms and according to the terms and procedures stipulated by law.
1. Citizens shall be guaranteed free secondary education in state educational establishments. Secondary education shall be obligatory.
2. A citizen shall have the right to obtain a higher education on a competitive basis in a state higher educational institution.
3. Fee-based education in private educational institutions shall be carried out on the grounds and in the manner prescribed by law.
4. The state shall set uniform compulsory standards in education. The activity of any educational institution must comply with these standards.
1. The state shall aim to protect the environment in favour of human life and health.
2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with the law.
Citizens of the Republic of Kazakhstan shall have the right to assemble peacefully and without weapons, hold meetings, campaigns and demonstrations, street processions and pickets. The use of this right may be restricted by law in the interests of state security, public order, and protection of health, rights, and the freedom of other persons.
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.
2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administration as well as to participate in an all-nation referendum.
3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to those citizens judged incapable by a court as well as those held in places of confinement upon a court’s sentence.
4. Citizens of the Republic shall have an equal right to serve in public office. The requirements for candidates for public offices shall be conditioned only by the character of the duties of the office and shall be established by law.
1. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor, and dignity of other people.
2. Everyone must appreciate the state symbols of the Republic.
Payment of legally established taxes, fees, and other obligatory payments shall be a duty and responsibility of everyone.
1. Defense of the Republic of Kazakhstan shall be a sacred duty and responsibility of its every citizen.
2. Citizens of the Republic shall perform military service according to the procedure and in the forms established by law.
Citizens of the Republic of Kazakhstan must care for the protection of historical and cultural heritage, and preserve monuments of history and culture.
Citizens of the Republic of Kazakhstan must preserve nature and protect natural resources.
1. Rights and freedoms of an individual and citizen may be limited only by law and only to the extent necessary for the protection of the constitutional system, defense of public order, human rights and freedoms, and the health and morality of the population.
2. Any acts capable of violating inter-ethnic and inter-religious harmony shall be recognized as unconstitutional.
3. Restriction of the rights and freedoms of citizens for political reasons shall not be allowed in any form. The rights and freedoms provided for by articles 11, 13–15, paragraph 1 of article 16, article 17, article 19, article 22, paragraph 2 of article 26 of the Constitution, are not subject to limitation in any case.