What amendments to the Constitution of Kazakhstan are being put to a referendum – full text

The text of amendments to the Constitution of Kazakhstan submitted to a referendum has been submitted, Qazweek.kz reports.kz

Below is the full text of the draft law of the Republic of Kazakhstan “On amendments and additions to the Constitution of the Republic of Kazakhstan”.

Article 1. To make the following amendments and additions to the Constitution of the Republic of Kazakhstan adopted at the republican referendum on August 30, 1995:

1. In paragraph 1 of Article 4, replace the word “Council“ with the word ”Court”.
2. Paragraph 3 of Article 6 should be worded as follows:

“3. The earth and its subsoil, waters, flora and fauna, and other natural resources belong to the people. The State exercises the right of ownership on behalf of the people. Land may also be privately owned on the grounds, conditions and within the limits established by law.”.

3. Paragraph 2 of Article 15 should be worded as follows:

“2. No one has the right to arbitrarily deprive a person of life. The death penalty is prohibited.”.

4. Paragraph 2 of Article 23 should be worded as follows:

“2. Chairmen and judges of the Constitutional Court, the Supreme Court and other courts, chairmen and members of the Central Election Commission, the Supreme Audit Chamber of the Republic, military personnel, employees of national security agencies, law enforcement agencies must not be members of political parties, trade unions, or support any political party.”.

5. Paragraph 1 of Article 24 should be worded as follows:

“1. Everyone has the right to freedom of work, free choice of occupation and profession. Forced labor is allowed only on the basis of a judicial act on finding guilty of committing a criminal or administrative offense or in conditions of emergency or martial law.”.

6. In article 42:

1) paragraph 2 should be worded as follows:

“2. The oath is taken on the second Wednesday of January in a solemn atmosphere in the presence of members of Parliament, judges of the Constitutional Court, the Supreme Court, as well as ex-presidents of the Republic. In the case provided for by Article 48 of the Constitution, the person who assumed the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the date of acceptance of the powers of the President of the Republic.”;

2) delete the second part of paragraph 5.

7. Add paragraphs 3 and 4 to Article 43 as follows:

“3. For the period of exercising his powers, the President of the Republic of Kazakhstan should not be a member of a political party.

4. Close relatives of the President of the Republic of Kazakhstan are not entitled to hold positions of political civil servants, heads of quasi-public sector entities.”.

8. In article 44:

1) in subparagraph 2), replace the words “Senate of the Parliament” with the word “Parliament”;

2) in subparagraph 3), the words “cancels or suspends in whole or in part the acts of akims of regions, cities of republican significance and the capital;” exclude;

3) subparagraph 4) should be worded as follows:

“4) with the consent of the Senate of the Parliament appoints the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General and the Chairman of the National Security Committee of the Republic of Kazakhstan; dismisses them from their posts;”;

4) in subparagraph 7), the words “Accounting Committee for Control over the execution of the republican budget” should be replaced with the words “Supreme Audit Chamber”;

5) in subparagraph 10-1), replace the word “Council” with the word “Court”;

6) in subparagraph 19), replace the word “secretary” with the word “adviser”.

9. Delete paragraph 4 of article 46.

10. In article 47:

1) in paragraph 1, replace the word “Council” with the word “Court”;

2) in paragraph 2, replace the word “Council” with the word “Court”.

11. In article 50:

1) the second sentence of paragraph 2 should be worded as follows:

“Ten deputies of the Senate are appointed by the President of the Republic, five of whom are on the proposal of the Assembly of People of Kazakhstan.”;

2) paragraph 3 should be worded as follows:

“3. The Mazhilis consists of ninety-eight deputies elected in accordance with the procedure established by the constitutional law under the mixed electoral system: according to the system of proportional representation in the territory of a single national electoral district, as well as in single-mandate territorial electoral districts.”.

12. Paragraph 1 of Article 51 should be worded as follows:

“1. The election of deputies of the Mazhilis is carried out on the basis of universal, equal and direct suffrage by secret ballot. Regular elections of deputies of the Mazhilis are held no later than two months before the end of the term of office of the current convocation of Parliament.”.

13. The third part of paragraph 5 of Article 52 should be worded as follows:

“A deputy of the Mazhilis of the Parliament is deprived of his mandate when:

1) withdrawal or exclusion of a deputy from a political party from which, in accordance with the constitutional law, he was elected on the basis of a party list;

2) termination of the activity of the political party from which, in accordance with the constitutional law, the deputy was elected on the basis of the party list;

3) recall by voters, in the manner determined by the constitutional law, of a deputy elected in a single-mandate territorial electoral district.”.

14. In article 53:

1) add sub-paragraphs 1-1) and 1-2) as follows:

“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 to be rejected or adopted in the wording proposed by the President;”;

2) in subparagraph 2), the words “Accounting Committee for Control over the execution of the republican budget” should be replaced with the words “Supreme Audit Chamber”;

3) in subparagraph 6), replace the word “Council” with the word “Court”.

15. In article 54:

1) the first paragraph of paragraph 1 should be worded as follows:

“1. The Parliament adopts laws in a separate session of the Chambers by sequentially considering issues first in the Majilis and then in the Senate, including:”;

2) subparagraph 2) of paragraph 2 should be worded as follows:

“2) holds a second discussion and vote on the laws or articles of the 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 Majilis and the Senate overcome the objections of the President by a two-thirds majority of the total number of deputies of each chamber, the President signs the law within one month. If the President’s objections are not overcome by at least one of the Chambers, the law is considered to be rejected or adopted in the wording proposed by the President;”.

16. In article 55:

1) subparagraph 2) should be worded as follows:

“2) consent to the appointment by the President of the Republic of the Chairman of the Constitutional Court, the Chairman of the National Bank, the Chairman of the Supreme Judicial Council, the Prosecutor General, the Chairman of the National Security Committee of the Republic;”;

2) add the words “Commissioner for Human Rights in the Republic of Kazakhstan” to subparagraph 3).

17. In paragraph 1 of article 56:

1) in subparagraph 1), the words “and consideration of these projects” should be deleted;

2) add subparagraph 3-1) as follows:

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

18. Subparagraph 1) of Article 57 should be worded as follows:

“1) appoints three judges of the Constitutional Court; appoints two members of the Central Election Commission, three members of the Supreme Audit Chamber for a five-year term;”.

19. Subparagraph 7) of paragraph 3 of Article 58 should be worded as follows:

“7) submit to the Chambers candidates for appointment to the positions of judges of the Constitutional Court, members of the Central Election Commission, the Supreme Audit Chamber;”.

20. In article 61:

1) add paragraph 2 with part two of the following content:

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

2) add paragraph 3 with part three of the following content:

“In the case of introducing bills to Parliament provided for in paragraph 2, 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 Parliament or until the Parliament does not adopt laws.”;

3) paragraphs 4 and 5 should be worded as follows:

“4. A law adopted by a majority vote of the total number of deputies of the Mazhilis is submitted to the Senate, where it is considered for no more than sixty days.

The Majilis has the right to reject the draft law as a whole by a majority vote of the total number of deputies. The rejected bill is considered rejected and returned to the initiator.

A law approved by a majority vote of the total number of deputies of the Senate is submitted to the President for signature within ten days. If the Senate does not approve the law as a whole or its individual articles, the law is returned to the Majilis. At the same time, the Senate has the right to propose to the Majilis a new version of certain articles of the law.

If the Senate has not taken a corresponding decision within sixty days, the law is submitted to the President for signature.

5. If the Majilis, by a majority vote of the total number of deputies, agrees with the wording of certain articles of the law proposed by the Senate, the law is considered adopted by the Majilis in a new version and approved by the Senate and is submitted to the President for signature within ten days.

If the Majilis by the same majority of votes objects to the wording of certain articles of the law proposed by the Senate, as well as if the Senate has not approved the law as a whole, disagreements between the Chambers are resolved through conciliation procedures.

The wording of the law developed by the conciliation commission is subject to consideration by the Majilis and the Senate in accordance with the procedure established by paragraph 4 of this article.

In cases when the Majilis, by a majority vote of the total number of deputies of the Chamber, has not adopted the law in the wording proposed by the conciliation commission, the Majilis shall re-vote on the law in the previously adopted version.

If the Majilis confirms the earlier decision by a two-thirds majority of the total number of deputies of the Chamber during the repeated vote, the law is submitted to the President for signature within ten days.

If the law does not gain the specified majority of votes of the deputies of the Mazhilis, the law is considered rejected and returned to the initiator.”;

4) delete paragraph 5-1.

21. In article 62:

1) paragraph 5 should be worded as follows:

“5. Laws are adopted by the Majilis, approved by the Senate by a majority vote of the total number of deputies of the chambers, unless otherwise provided by the Constitution.

Resolutions of the Parliament and its chambers are adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution.”;

2) paragraph 6 after the word “Kazakhstan“ should be supplemented with the words “, according to the draft constitutional laws”.

22. In the title of section VI, replace the word “Council“ with the word ”Court”.
23. To state Article 71 in the following wording:

“Article 71

1. The Constitutional Court of the Republic of Kazakhstan consists of eleven judges, including the Chairman, whose powers last six years.

The same person may not be appointed as a judge of the Constitutional Court more than twice in a row.

2. The Chairman of the Constitutional Court is appointed by the President of the Republic with the consent of the Senate of the Parliament.
3. Four judges of the Constitutional Court are appointed by the President of the Republic, three judges of the Constitutional Court are appointed respectively by the Senate and the Majilis.

The Deputy Chairman of the Constitutional Court is appointed by the President of the Republic on the proposal of the Chairman of the Constitutional Court from among the judges of the Constitutional Court.

4. The position of a judge of the Constitutional Court is incompatible with a deputy mandate, the occupation of other paid positions, except for teaching, scientific or other creative activities, the implementation of entrepreneurial activities, membership in the governing body or supervisory board of a commercial organization.
5. During the term of their powers, judges of the Constitutional Court may not be arrested, subjected to a drive, administrative penalties imposed in court, brought to criminal responsibility without the consent of Parliament, except in cases of detention at the scene of a crime or the commission of serious crimes.
6. The organization and activity of the Constitutional Court are regulated by the Constitutional law.”.

24. In article 72:

1) in paragraphs 1 and 2, replace the word “Council” with the word “Court”;

2) add paragraphs 3, 4 and 5 as follows:

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

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 man and citizen enshrined in the Constitution for compliance with the Constitution of the Republic.”.

25. In article 73:

1) in paragraphs 1 and 2, replace the word “Council” with the word “Court”;

2) paragraph 3 should be worded as follows:

“3. The Constitutional Court makes its decision within the time limits established by the constitutional law.”.

26. In article 74:

1) paragraph 2 should be worded as follows:

“2. Laws and other legal acts, their individual provisions recognized as unconstitutional, including infringing on the rights and freedoms of a person and citizen enshrined in the Constitution, are canceled and are not subject to application from the date of adoption by the Constitutional Court of the decision or from the date established by it.”;

2) in paragraph 3, replace the word “Council” with the word “Court”.

27. The title of section VII should be worded as follows:

“Section VII

Courts and justice. Prosecutor’s Office. Commissioner for Human Rights”.

28. In article 78, replace the word ”Council“ with the word ”Court”.
29. Paragraphs 4 and 5 of Article 82 should be worded as follows:

“4. The Chairman of the Supreme Judicial Council is appointed by the President of the Republic with the consent of the Senate of the Parliament.

5. The status, procedure for the formation of the composition and organization of the work of the Supreme Judicial Council are determined by law.”.
6. In paragraph 4 of Article 83, replace the word “law“ with the words “constitutional law”.
7. Add the following article 83-1:

“Article 83-1

1. The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the rights and freedoms of man and citizen.
2. When exercising his powers, the Commissioner for Human Rights is independent and unaccountable to State bodies and officials.
3. During the term of his/her powers, the Commissioner for Human Rights may not be arrested, subjected to a drive, administrative penalties imposed in court, brought to criminal responsibility without the consent of the Senate, except in cases of detention at the scene of a crime or the commission of serious crimes.
4. The legal status and organization of the activities of the Commissioner for Human Rights are determined by the Constitutional law.”.

32. In article 87:

1) paragraph 4 should be worded as follows:

“4. Akims of regions, cities of republican significance and the capital are appointed by the President of the Republic with the consent of deputies of maslikhats located on the territory of the region, or deputies of maslikhats of cities of republican significance and the capital, respectively.

The President of the Republic proposes at least two candidates for which a vote is held. The candidate who received the most votes of the deputies of the maslikhats who took part in the voting is considered to have received consent.

Akims of other administrative-territorial units are appointed or elected to office, as well as dismissed from office in accordance with the procedure determined by law. The President of the Republic has the right, at his discretion, to dismiss the akims of regions, cities of republican significance and the capital.”;

2) the second sentence of paragraph 5 should be worded as follows:

“In this case, the maslikhat, by a majority of votes from the total number of its deputies, has the right to express no confidence in the akim and raise the issue of his dismissal from office, respectively, before the President of the Republic in relation to the akims of regions, cities of republican significance and the capital or higherthe current akim in relation to the akims of other administrative-territorial units.”.

33. In paragraph 4 of Article 88, the word “By the President,” exclude.
34. In article 91:

1) paragraph 2 should be worded as follows:

“2. The independence of the state established by the Constitution, the unitarity and territorial integrity of the republic, the form of its government, the fundamental principles of the republic’s activities are unchanged.”;

2) in paragraph 3, replace the word “Council” with the word “Court”.

35. Add the following article 99:

“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 shall be applied starting from the election of deputies of the Mazhilis of the Parliament of the eighth convocation.”.

Article 2.

1. The provisions of the Constitution of the Republic of Kazakhstan defining the procedure for the adoption of constitutional laws and laws, as well as the activities of the Constitutional Court, shall enter into force from January 1, 2023.

Draft laws approved by the Majilis and under consideration by the Parliament on January 1, 2023, are considered laws and are considered in accordance with the procedure established by Article 61 of the Constitution of the Republic of Kazakhstan.

2. The norms of the Constitution of the Republic of Kazakhstan, establishing a new procedure for the empowerment of officials, are put into effect as the term of office expires or the powers of these officials terminate, unless otherwise provided by the Constitution of the Republic of Kazakhstan.
3. Until the composition of the Supreme Audit Chamber is formed, the Accounts Committee for Control over the Execution of the republican Budget continues to exercise the functions and powers provided for by the legislation of the Republic of Kazakhstan.

Article 3. This Law shall enter into force from the date of the official publication of the announcement of the results of the referendum, taking into account the provisions of Article 2 of this Law.