Constitutional law of the

Republic of Kazakhstan
Introduction
Introduction

• The Republic of Kazakhstan is a transcontinental country located in Central Asia and Eastern Europe. The
territory covers 2.7 million square kilometers and country is ranked as the 9th largest territory in the world. It
is neighbored clockwise from the north by Russia, China, Kyrgyzstan, Uzbekistan, Turkmenistan and also
borders on a significant part of the Caspian Sea. The population is approximately 18 million people, including
Kazakh, Russian, Uyghur, Ukrainian, Uzbek, and Tatar peoples. Approximately 63% of the population consists of
Kazakhs. The capital city was Almaty up until 1997, when it was changed to Astana.
• The official state language is Kazakh. In state institutions and local self-governing bodies, the Russian language
is used on equal grounds with the Kazakh language. According to the 2009 census, 70.2% of the population is
Sunni Muslims, followed by 20.6% Orthodox Christians, 0.1% Buddhists, 0.2% others (mostly Jews), and 2.8% non-
believers.
• The Kazakh khanate was formed in the 15th century and had 3 tribal divisions (juz). From the beginning of the
18th century Russian Empire begun colonization and by the 1860s, the Kazakh khanate became part of the
Russian Empire. Alash Orda, a Kazakh Government led by Alikhan Bokeikhanov, existed between 13 December
1917 and 26 August 1920. The Alash Party proclaimed the autonomy of the Kazakh people in December 1917.
• On 26 August 1920, the Soviet government established the Kyrgyz Autonomous Soviet Socialist Republic, which
in 1925 changed its name to Kazakh Autonomous Soviet Socialist Republic and then Kazakh Soviet Socialist
Republic in 1936. On December 16, 1991, Kazakhstan adopted the Constitutional Law “On State Independence
of the Republic of Kazakhstan,” which represented a major turning point in the nation’s development.
Legal System of Kazakhstan

• The legal system of Kazakhstan is influenced by the traditions of both Islamic law and Roman law. Islamic
law, which was in force up until early 1920, incorporated many norms of Adat, the local customary law
consisting of traditional prescriptions of the peoples of the region. The influence of Roman law came
primarily from the theory and practice of Soviet law and socialist principles.
• Kazakh legislation is currently codified. Legislative and other normative legal acts can be categorized as
constitutional, administrative, civil, criminal, labor-related, tax, customs or other material or procedural
laws.
• A strict hierarchy of the sources of law includes:
• The Constitution of the Republic of Kazakhstan;
• Constitutional laws and decrees;
• International treaties;
• Codes;
• Ordinary laws; and
• Other regulations, normative decrees, and so forth.
Constitution of the Republic of Kazakhstan

• On January 28, 1993, the Supreme Council of the Republic of Kazakhstan adopted the first Constitution of the independent
Kazakhstan. On 30 August 1995, it was changed to the contemporary Constitution, which was adopted by a nation-wide referendum.
The Constitution was amended on October 7, 1998, on May 21, 2007, on February 2, 2011, on March 2, 2017, and on March 20, 2019.
• On October 7, 1998, the Parliament enacted a “Law on amendments and complements to the Constitution of the Republic of
Kazakhstan.” This revision dealt with matters pertaining to the president's term of office, age restrictions, succession of authority in
case of his death or resignation, and terms of Majilis and Senate members.
• As President Nursultan Nazarbayev announced at a joint session of the parliament on May 16, 2007, the proposed changes to the
Constitution of Kazakhstanare as follows:
• Redistribution of powers and responsibilities, in order to strengthen the role of Parliament. Reduction of the presidential term from
seven to five years. Increase in the number of members of Parliament, both in the Majilis, from 77 to 107, and in the Senate, from
39 to 47.
• Strengthening the role of political parties.
• Development of local self-government.
• Improvement of the judiciary system.
• Development of international accords and strengthening of the Republic of Kazakhstan Peoples’ Assembly.
• Further development of civil institutions.
• Strengthening of human rights’ protection system.
• On February 2, 2011 an amendment related to the president’s election procedure was introduced. The Amendment provided
that early elections of President of Kazakhstan shall be appointed by president and conducted in the order and terms
prescribed in relevant Constitutional Law.
• On March 2, 2017 the following main amendments were introduced:
• Amendment that allows to establish special legal regime and court based on English and Welsh law in Astana, Kazakhstan’s
capital city due to establishment of financial centers;
• Amendment that allows revocation of citizenship for terrorism and other grievous harm to the state’s interests;
• Amendment that provides that the Government shall resign when newly elected Parliament’s lower chamber, Majilis, starts
work;
• Amendment that provides special privileges and rights to the first president could not be changed.
• On March 20, 2019 amendment was introduced and approved by Parliament that changed capital’s name enshrined in
Constitution from Astana to Nur-Sultan.
• The Main Law of Kazakhstan constitutionally requires a presidential form of government. This also requires law reform in
present-day Kazakhstan to be based on ideological and political pluralism, with legislation ensuring human rights and social-
legal guarantees.
• The Constitution of Kazakhstan is available in English, Russian and Kazakh on the legal database supported by Ministry of
Justice.
Constitutional Laws

• Within the framework of the formation of the legal foundations of state order, the following constitutional laws were
adopted. Adilet, the legal information system of regulatory legal acts of the Republic of Kazakhstan offers access to
number of articles focusing on constitutional analysis. Click constitutional law from the main page, under Act form to
access these articles. Below is a selected list of those that might be of interest.
• On State Independence of the Republic of Kazakhstan, in English and Russian
• On the President of the Republic of Kazakhstan, in English and Russian
• On the First President of the Republic of Kazakhstan, in English and Russian
• On the Parliament of the Republic of Kazakhstan and the Status its Deputies, in English and Russian
• On the Government of the Republic of Kazakhstan, in English and Russian
• On Republican Referendum, in English and Russian
• On Elections in the Republic of Kazakhstan, in English and Russian
• Constitutional Law on Elections in English and Russian
• Constitutional Law on the Judicial System and the Status of Judges, in English and Russian
• On Constitutional Council of the Republic of Kazakhstan, in English and Russian.
• On State Symbols of the Republic of Kazakhstan, in English and Russian.
Codes

• The principal branches of Kazakhstan law have been codified. Here is the list of codes:
• Civil Code, General part in English and Russian.
• Civil Code, Special part in English and Russian.
• Civil Procedural Code in English and Russian.
• Criminal Code in English and Russian.
• Criminal Procedural Code in English and Russian.
• Penal Execution Code in English and Russian.
• Labor Code in English and Russian.
• Code on Administrative Violations in English and Russian.
• Budget Code in English and Russian.
• Water Code in English and Russian.
• Land Code in English and Russian.
Codes

• Code on Marriage and Family in English and Russian

• Forest Code in English and Russian.
• Ecological Code, in English and Russian.
• Customs Code of Eurasian Economic Union between Russia, Kazakhstan, Belorussia,
Kyrgyzstan and Armenia in English and Russian.
• Code on Customs Regulations in English and Russian.
• Tax Code in English and Russian.
• Code on Peoples’ Health and Healthcare System in English and Russian.
• Entrepreneur Code in English and Russian.
• Code on Subsoil and Subsoil use in English and Russian.
Other Normative Acts

• Links to other Kazakh legal documents are available in English and

Russian on “ADILET” - Ministry of Justice’s official online legal
database.
State Order in the Republic of Kazakhstan

• Article 3 of the Constitution states that the state power in the Republic of Kazakhstan is unified
and executed on the basis of the Constitution and laws; this is done in accordance with the
principle of its division into the legislative, executive, and judicial branches, and a system of
checks and balances that governs their interaction.
• The legislative branch is comprised of the Parliament of the Republic of Kazakhstan (the Senate
and the Majilis).
• The executive branch is comprised of the Government, state committees, and other central and
local executive bodies of the Republic.
• The judicial branch is comprised of the Supreme Court and local courts (regional, district and
others).
• Constitutional Council of the Republic of Kazakhstan according to the Constitution is a separate
body and independent from judicial, executive or legislative branches.
• The President post according to the Constitution does not belong to any of the power branches.
The Presidency

• The President of the Republic of Kazakhstan is the head of state and the highest official in the state. The role of the president
includes determining the main directions of the domestic and foreign policy of the state and representing Kazakhstan within the
country and in international relations.
• According to Article 40 of the Constitution, he shall ensure by his arbitration the concerted functioning of all branches of state
power, as well as the responsibility of the institutions of power before the people. The President is elected every 5 years on the
basis of universal suffrage. One person may not be elected President of the Republic more than two times in a row. However,
according to Article 42 of the Constitution, this restriction does not apply to the First President, Nursultan Nazarbayev.
• Nursultan Abishevich Nazarbaev from 1989 through 1991, served as First Secretary of the Central Committee of the Communist Party
of Kazakhstan. From February to April 1990, he concurrently served as Chairman of the Supreme Council of the Kazakh Soviet
Socialist Republic. In April of 1990, he became the President of the Republic of Kazakhstan. On December 1, 1991, the first general
elections for the Presidency were held, in which Nazarbayev was reelected as head of the state. A nation-wide referendum of April
29, 1995 confirmed this decision. This referendum also extended the powers of the President until the year 2000. On January 10,
1999, Nazarbayev was elected again as President of Kazakhstan, supported by 79.78% of voters. On December 4, 2005, nation-wide
elections for the Presidency of the republic were held again, where Nazarbayev won the support of 91.15 % of voters.
• On March 20, 2019 Nursultan Nazarbayev resigned from presidency after serving on this position three decades and became a
member of the Security Council, a council with wide-ranging authority to determine and control the country’s internal and external
issues, as well as a member of the Constitutional Council.
• The official website of President of the Republic of Kazakhstan has the following useful information in English, Russian and Kazakh
in order to get a high-level understanding of country’s major development programs that have impact on legislation and/or later
are formalized into law, decrees, or orders:
• infrastructure, development programs that ministries and local public administrations ( akimat) follow, work and spend public funds
(for instance, program of industrial and innovative development; program of infrastructure development; program of education
development; program for digitalization);
• external and internal political affairs;
• The country’s main laws such as constitution, laws, decrees, orders.
Parliament

• The highest representative body of the Republic of Kazakhstan is the bicameral Parliament. It consists of the
Senate and the Majilis, in accordance with Article 50 of the Constitution. The first two-chamber Parliament
was elected in December 1995.
• The Senate is composed of deputies elected in twos from each region and major city, as well as the capital
of the Republic of Kazakhstan. Elections are conducted at a joint session of the deputies of all
representative bodies of the respective oblast or major city and the capital of the Republic. The President
also appoints fifteen senators. The term of office for Senate deputies is six years.
• The Majilis consists of 107 deputies, 98 of whom are directly elected by voters from the geographical
electoral districts. 9 deputies are elected by the Assembly of People of Kazakhstan. The term of office for
the Majilis deputies is five years.
• The duties of Parliament in joint sessions of the Chambers include:
• Introducing amendments and making additions to the Constitution;
• Adopting constitutional laws, approving the budget for the state, as well as the reports of the Government,
and the Accounts Committee about the budget’s implementation, and introducing changes into the budget;
• Conducting second rounds of discussion and voting on the laws or articles of the law;
• Hearing the reports of the Prime Minister on the Government's program, and approving or rejecting the
program;
• Hearing annual messages of the Constitutional Council of the Republic on the state of the constitutional
legality in the Republic or reports on the activity of the commissions;
Parliament

• Deciding issues of war and peace;

• Adopting decisions concerning the use of the Armed Forces of the Republic to fulfill international obligations in
support of peace and security, at the proposal of the President of the Republic;
• Putting forward initiativescalling for nation-wide referenda;
• Exercising any other powers assigned to Parliament by the Constitution.
• With adoption in 1995, the new Constitution the present Parliament replaced one-chamber body of the
representative power - the Supreme Soviet. The first elections to the Senate and Mazhilis of the Parliament were
held in December 1995. Total 47 deputies were elected to the Senate and 67 deputies were elected to the Majilis.
• In autumn 1999 in accordance with introduced constitutional amendments, the elections on mixed scheme to the
Mazhilis of the Parliament of the Republic were held. The scheme afforded the possibility for political parties to
be elected to the Parliament as to party lists on the basis of proportional representation.
• A new structure of the chambers of Parliament was formed in August 2007 according to constitutional changes and
amendments of May 2007. The President additionally appointed 8 members to the Senate of Parliament on August
28, 2007, in view of the above-stated changes and amendments that increased the number of Presidential
nominees up to 15 people.
• According to the amendments to the Constitution, the Majilis consists of 107 members. 98 of them are elected on
the basis of universal, equal and direct suffrage by secret ballot and remaining 9 deputies were elected by the
Assembly of the People of Kazakhstan.
The Government

• The Government implements the executive power of the Republic of Kazakhstan, preside over the system of executive
bodies, and supervise their activity. The Government, in all of its activity is responsible to the President of the
Republic and to Parliament, as stipulated by the Constitution. Article 66 of the Constitution sets forth the main
government’s functions:
• develop the main directions of the socio-economic policy of the state, its defense capability, security, guarantee of
public order and organize their realization;
• present to the Parliament the republican budget and a report about its performance, ensure implementation of the
budget;
• introduce draft of laws into the Majilis and ensure enforcement of laws;
• organize management of state property;
• develop measures for the conduct of the foreign policy of the Republic of Kazakhstan;
• manage the activity of ministries, state committees, other central and local executive bodies;
• annul or suspend completely or partially, the effect of acts of ministries, state committees, other central and local
executive bodies of the Republic;
• appoint to and release from office heads of central executive bodies not encompassed by the Government;
• perform other functions assigned to it by this Constitution, laws and acts of the President.
• The prime minister and first deputy prime minister are appointed by the president. Council of Ministers is also
appointed by the president. According to the Constitution President could appoint and dismiss the government,
appoint administrative heads of regions and cities.
• The website of the Government of the Republic of Kazakhstan contains some laws and decrees in Kazakh, Russian and
English.
Constitutional Council

• Part six of the Constitution contains fundamental regulations, which establish constitutional control in the Republic. This
control is designated to the Constitutional Council, a body separate from the juridical system. The Constitutional Council is a
state structure charged with ensuring the supremacy of the Constitution of the Republic as the basic law for the whole territory
of Kazakhstan.
• The Constitutional Council consists of seven members; the Chairman and two members are appointed by the President of the
Republic, and the Chairmen of the Senate and Majilis each appoint two members for six-year terms. Ex-presidents are also life-
long members of Constitutional Council. Half of the members of the Constitutional Council shall be renewed every three years.
• Article 72 of the Constitution sets forth the following main functions of the Constitutional Council:
• decide on the correctness of conducting the elections of the President of the Republic, deputies of Parliament, and conducting
an all-nation referendum in case of dispute;
• consider the laws adopted by Parliament with respect to their compliance with the Constitution of the Republic before they
are signed by the President;
• consider resolutions adopted by the Parliament and its Chambers for its compliance with the Constitution of the Republic;
• consider the international treaties of the Republic with respect to their compliance with the constitution, before they are
ratified;
• officially interpret provisions of the Constitution;
• conclude in cases stipulated by paragraphs 1 and 2 of Article 47 of the Constitution.
• In addition, the Constitutional Council could consider the appeals of courts regarding particular legal act’s conformity to the
Constitution. Its website contains the decisions of the Constitutional Council, the acting laws, articles and other information
(Kazakh, Russian, English).
 Judicial Authority

• Justice in the Republic of Kazakhstan may only be exercised by the court. Judicial power shall be exercised through constitutional, civil,
administrative, criminal, and other forms of judicial procedure as established by law. In certain cases, stipulated by law, criminal
procedure shall be carried out with the participation of jurymen. The courts of the Republic include the Supreme Court of the Republic
and local courts of the Republic which are established by law. The judicial system of the Republic is established by Article 75 of the
Constitution of the Republic of Kazakhstan and the constitutional law. The establishment of special and extraordinary courts under any
name is not allowed.
• The Supreme Court of the Republic of Kazakhstan is the highest judicial body for civil, criminal, and other cases, which are under the
courts of general jurisdiction. This court also exercises supervision over the activities of other courts in the form of juridical procedure
stipulated by law and provides interpretation on the issues of judicial practice.
• Article 77(3) of the Constitution sets forth the following principles that judge must abide when dealing with the case at hand:
• a person shall be considered to be innocent of committing a crime until his guilt is established by a court's sentence that has come into
force;
• no one may be subject twice to criminal or administrative prosecution for one and the same offense;
• no one may have his jurisdiction, as stipulated by law changed without his consent;
• everyone shall have the right to be heard in court;
• the laws establishing or intensifying liability, imposing new responsibilities on the citizens or deteriorating their conditions shall have no
retroactive force. If after the commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied;
• the accused shall not be obligated to prove his innocence;
• no person shall be compelled to give testimony against oneself, one's spouse and close relatives whose circle is determined by law. The
clergy shall not be obligated to testify against those who confided in them with some information at a confession;
• any doubts of a person's guilt shall be interpreted in the favor of the accused;
• evidence obtained by illegal means shall have no juridical force. No person may be sentenced on the basis of his own admission of guilt;
• application of the criminal law by analogy shall not be allowed.
• The Chairperson of the Supreme Court, the Chairpersons of the Collegiums and judges of the Supreme Court of
the Republic of Kazakhstan is elected by the Senate at the proposal of the President of the Republic based on a
recommendation of the Highest Judicial Council of the Republic.
• The Chairpersons of oblast and equivalent courts, the Chairpersons of the Collegiums and judges of the oblast
and equivalent courts shall be appointed by the President of the Republic at the recommendation of the Highest
Judicial Council of the Republic.
• The Chairperson and judges of other courts of the Republic shall be appointed by the President of the Republic
at the proposal of the Minister of Justice based on a recommendation of the Qualification Collegium of Justice.
• The Highest Judicial Council is headed by the Chairperson who is appointed by the President of the Republic and
consists of the Chairperson of the Constitutional Council, the Chairperson of the Supreme Court, the Procurator
General, the Minister of Justice, deputies of the Senate, judges and other persons appointed by the President of
the Republic. The Qualification Collegium of Justice is an autonomous, independent institution formed from
deputies of the Majilis, judges, public prosecutors, teachers and scholars of law and workers of the bodies of
justice.
• The website of the Supreme Court contains useful information in Russian and Kazakh . The Constitution, codes,
laws, secondary legislation, and decisions of the Supreme Court are available in Kazakh and Russian.
• On March 2, 2017, an amendment to the Constitution was introduced that allowed the establishment of special
legal regimes and courts based on English and Wales law in the Astana International Financial Center. AIFC Court
is independent in its activities and is not part of the country’s general judicial system. Its purpose, as it was
declared, is to protect the rights, freedoms and legal interests of the parties and to ensure that the acting law
of the AIFC is implemented. AIFC Court consists of two courts instances: trial court and appeals court.
• The chairman and judges of the court are appointed and dismissed by the president based on the
recommendation of the Governor of the AIFC. The court does not carry out any criminal and
administrative proceedings and has exclusive jurisdiction over:
• disputes between AIFC Participants, AIFC Participants and AIFC Bodies and an AIFC Participant or
AIFC Body and its expatriate Employees;
• disputes relating to activities conducted in the AIFC and governed by the Acting Law of the AIFC;
• disputes transferred to the AIFC Court by agreement of the parties.
• AIFC Court’s activity is governed by the resolution of the council, "On the Astana International
Financial Center Court", that is based on the principles and norms of England and Wales and/or
the standards of other global financial centers.
• Decisions of the AIFC Court of Appeal are final and not subject to appeal and are binding on all
natural and legal persons. Its decisions are enforced in the same way in Kazakhstan as decisions
of general Kazakh courts.
• Useful legal information on AIFC Court such as constitutional statute, court regulations, court
rules could be found in English on their website.
Local Public Administration and Self-Administration

• Local public administration is exercised by local representative and executive bodies, which are responsible for the state of affairs
of the respective territory. Local public administration is exercised by  Akim and its Akimat apparatus. Akims of the oblasts, major
cities and the capital are appointed to office by the President of the Republic on the recommendation of the Prime
Minister. Akims of other administrative-territorial units are appointed or elected to office in the order, determined by the President
of the Republic of Kazakhstan. The President of the Republic shall have the right to release  akims from office at his own discretion.
• The main functions of the local executive body are the following:
• Drafting of plans for economic and social programs for development of the territory, creating and providing for the realization of
local budgets;
• Management of public property;
• Appointment of the heads of local executive bodies, determining their release from office, and resolution of other issues connected
with the work of local executive bodies;
• Exercising any other powers delegated to local executive bodies by the legislation of the Republic, in the interests of local public
administration.
• Local representative bodies are maslikhats. Deputies to maslikhat are elected by people for a four-year term. The main functions of
the maslikhat include:
• approval of plans, economic and social programs for development of the territory, local budget and reports of their performance;
• decision of issues of local administrative-territorial organization in their jurisdiction;
• consideration of reports by heads of local executive bodies on the issues delegated by law to the jurisdiction of a  maslikhat;
• formation of standing commissions and other working bodies of a maslikhat, nearing reports about their activity, decision of other
issues connected with organization of the work of a maslikhat;
• exercise other authorities for insuring of the rights and legitimate interests of citizens in accordance with the legislation of the
Republic.