The Constitution of the Republic of Kazakhstan

The important role in maintenance of the constitutional legality is played by the Constitutional Council.

Its activity a reliable guarantee of conformity of the Kazakhstan legislation to spirit and the letter of the Main law

N. Nazarbaev

1. 2. 3.

Section IV. The Parliament

Article 49

1. Parliament of the Republic of Kazakhstan is the highest representative body of the Republic performing legislative functions.

2. Parliaments powers shall begin from the opening of its first session and terminate with the first session of a new convocation.

3. The powers of Parliament may be prematurely terminated in cases and according to the procedure stipulated by the Constitution.

4. The organization and activities of Parliament, the legal status of its deputies shall be determined by constitutional law.

Article 50

1. The Parliament shall consist of two Chambers acting on a permanent basis: the Senate and the Majilis.

2. The Senate shall be composed of deputies represented in an order, established by the constitutional law, on two persons from each oblast, major city and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate shall be appointed by the President of the Republic taking into account necessity of maintenance of representation for the Senate of national-cultural and other significant interests of a society.

3. The Majilis shall consist of hundred seven deputies elected in an order, established by the constitutional law.

4. A deputy of the Parliament may not be a member of both Chambers simultaneously.

5. Term of the powers of Senate deputies shall be six years; term of the powers of the Majilis deputies shall be five years.

Article 51

1. Elections of ninety eight deputies of Majilis shall be carried out on the basis of the universal, equal and direct right under secret ballot. Nine deputies of Majilis shall be elected by Assembly of the people of Kazakhstan. Regular elections of the deputies of the Majilis shall be held no later than two months before the termination of the powers of current the Parliament.

2. The elections of the deputies of the Senate shall be carried out on the basis of indirect electoral right under secret ballot. Half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the end of their term in office.

3. Extraordinary elections of the deputies of the Parliament or the Majilis of the Parliament shall be held within two months from the day of premature termination of powers accordingly the Parliament or the Majilis of the Parliament.

4. A deputy of the Parliament may be a person, who has been a citizen of the Republic of Kazakhstan and a permanent resident for the last ten years on the territory. A deputy of the Senate may be a person, who has reached thirty years of age, has a higher education and length of service of not less than five years and has been a permanent resident for not less than three years on the territory of the respective oblast, major city or the capital of the Republic. A deputy of the Majilis may be a person of the Republic of Kazakhstan who has reached twenty-five years of age.

5. Elections of deputies of the Parliament shall be regulated by the constitutional law.

6. A deputy shall take an oath before the people of Kazakhstan.

Article 52

1. It was excluded according to Law of the Republic of Kazakhstan 21.05.07 254-III.

2. The deputies of Parliament must take part in its work. The deputies shall only vote in person in Parliament. Absence of a deputy at sittings of the Chambers and their bodies without a good reason for more than three times as well as transferring the right to vote shall cause the imposition of penalties established by law.

3. A deputy of Parliament shall have no right to be a deputy of another representative body, hold other paid offices, except teaching, research and creative activities, engage in entrepreneurial activity, and enter a managing body or a supervisory board of a commercial organization. Violation of this rule shall result in the termination of a deputys powers.

4. A deputy of Parliament during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed by a court of law, arraigned on a criminal charge without the consent of a respective Chamber except for the cases of being apprehended on the scene of a crime or committing grave crimes.

5. The powers of the deputies of Parliament shall be terminated in cases of resignation, his death, being recognized of the deputy on the judgment which has entered validity incapacitated, died or is unknown absent and others provided by the Constitution and the constitutional law cases. A deputy of the Parliament shall be deprived of his mandate in cases of:

1) establishment permanent residency beyond the boundaries of the Republic of Kazakhstan;

2) enter in force of conviction against deputy;

3) loss of citizenship of the Republic of Kazakhstan.

A deputy of Majilis of the Parliament shall be deprived of his mandate in cases:

1) exit or an exception of the deputy from the political party from which according to the constitutional law the deputy is selected;

2) termination of activity of political party from which according to the constitutional law the deputy is selected. Powers of the appointed deputies of the Senate of the Parliament shall be ahead of schedule stopped under the decision of the President of the Republic. Powers of deputies of the Parliament and the Majilis of the Parliament stop in dissolution cases accordingly the Parliament and the Majilis of the Parliament.

6. Preparation of questions concerning the imposition of penalties on the deputies, their observance of the requirements of paragraph 3 of this article, principles of the deputies ethics, as well as termination of the deputies powers and deprivation of their powers and deputy immunity, shall be delegated to the Central Election Commission of the Republic of Kazakhstan.

Article 53

Parliament at a joint session of the Chambers shall:

1) introduce changes and additions to the Constitution at the proposal of the President of the Republic of Kazakhstan;

2) approve the reports of the Government, and the Accounts Committee on the control over execution of the republican budget on execution of the republican budget. Non-approval the report of the Government about execution of the republican budget denotes the expression by the Parliament a vote of no confidence in the Government;

3) have the right to delegate legislative Powers for a term not exceeding one year to the President by two-thirds of the votes from the total number of deputies of each Chamber at the initiative of the President;

4) decide issues of war and peace;

5) adopt a decision 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;

6) hear annual messages of the Constitutional Council of the Republic on the state of the constitutional legality in the Republic;

7) form joint commissions of the Chambers; elect and release from office their chairpersons; hear reports on the activity of the commissions;

8) exercise other powers assigned to the Parliament by the Constitution.

Article 54

1. Parliament at separate sessions of the Chambers through consecutive consideration of issues first in the Majilis and then in the Senate shall adopt constitutional laws and law, including:

1) confirm the republican budget and make changes and additions in the budget;

2) establish and cancel the state taxes and tax collections;

3) establish the procedure for resolving the issues of the administrative-territorial division of the Republic of Kazakhstan;

4) establish state awards, honorary, military and other titles, ranked positions, diplomatic ranks of the Republic of Kazakhstan, and define state symbols of the Republic;

5) decide issues of state loans and rendering of economic and other assistance by the Republic;

6) decide issues of amnesty to citizens;

7) ratify and denounce international treaties of the Republic.

2. Parliament in separate session of Chambers by consecutive consideration of questions in the beginning in Majilis, and then in the Senate:

1) discuss the reports on execution of the republican budget;

2) spend second discussion and voting by laws or articles of the law which has caused objections of the President of the Republic, in a month from the day of a direction of objections. Non-observance of this term denotes the acceptance of objections of the President. If the Majilis and the Senate by the majority of two-thirds of votes of total number of deputies from each Chamber confirms the decision adopted earlier, the President shall sign the law within one month. If the Presidents objections are not overruled, at least by one of Chambers, the law shall be deemed not adopted or adopted in the version proposed by the President. Objections of the Head of the state on the constitutional laws passed by the Parliament are considered in the order provided by the present subparagraph. Thus objections of the President on the constitutional laws shall be overcome by the Parliament not less than three quarters of votes from total number of deputies of each of Chambers;

3) display the initiative about appointment of a republican referendum.

Article 55

The following shall belong to exclusive jurisdiction of the Senate:

1) election and discharge from office, the Chairperson of the Supreme Court and judges of the Supreme Court of the Republic at the proposal of the President of the Republic of Kazakhstan, and swearing them into office;

2) approval of the appointment of the Chairperson of National Bank, the Procurator General and the Chairperson of the Committee of National Security by the President of the Republic of Kazakhstan;

3) deprivation of inviolability of the Procurator General, the Chairperson and judges of the Supreme Court of the Republic;

4) It was excluded according to Law of the Republic of Kazakhstan 21.05.07 254-III;

5) performance of functions of the Parliament of the Republic on acceptance of the constitutional laws and laws in time absence of the Majilis caused by the prescheduled termination of its powers;

6) realization of other powers assigned by the Constitution on the Senate of the Parliament.

Article 56

The following belongs to exclusive jurisdiction of the Majilis:

1) accepting for consideration drafts of the constitutional laws brought in Parliament and laws and consideration of these drafts;

2) by a majority of votes from total number of deputies of Chamber consent to the President of the Republic on appointment of the Prime Minister of Republic;

3) announcing regular elections of the President of the Republic;

4) realization of other powers assigned by the Constitution on the Majilis of the Parliament.

2. The Majilis by a majority of votes from total number of deputies of the Majilis at the initiative of not less than one-five from total number of deputies of Majilis has the right to express a vote of no confidence in the Government.

Article 57

Each Chamber of the Parliament independently, without participation of the other Chamber shall:

1) appoint two members of the Constitutional Council to office; appoint two members for a five-year term to the Central Election Commission and three members of the Accounts Committee for control over execution of the republican budget to office;

2) delegate half of the members of the commission formed by Parliament in the case envisaged by paragraph I of article 47 of the Constitution;

3) elect half of the members of joint commissions of the Chambers;

4) terminate powers of the deputies of the Chambers, as well as resolve the issues of depriving deputies of their deputy immunity at the proposal of the Procurator General of the Republic of Kazakhstan;

5) hold Parliamentary hearings on the issues of its jurisdiction;

6) have the right to hear reports of the members of the Government of the Republic on the issues of their activities at the initiative of no less than one-thirds from the total number of the deputies of the Chambers. Following the results of hearing the report by a majority of votes from total number of the deputies of the Chambers have the right to accept the reference to the President of the Republic of Kazakhstan about releasing a member of the Government from office in the case of non-observance of the laws of the Republic. If the President of the Republic refuses such appeal, then the deputies, by a majority of votes from total number of the deputies of the Chambers, shall possess the right to put a question to the President anew on release from the position of a member of the Government on expiration of six months since the first appeal. In this case the President of the Republic shall release from the position of a member of the Government;

7) form coordinating and working bodies of the Chambers;

8) adopt procedural orders of their activities and other decisions on the issues connected with organization and the internal routine of the Chambers.

Article 58

1. The Chambers shall be headed by their chairpersons who are elected by the Senate and the Majilis from among the deputies who have a perfect command of the state language, under secret ballot by a majority of votes from the total number of the deputies of the Chambers. The candidacy for the Chairperson of the Senate shall be nominated by the President of the Republic of Kazakhstan. The candidacy for the Chairperson of the Majilis shall be nominated by the deputies of the Chamber.

2. The Chairpersons of the Chambers may be recalled from office and also have the right to submit their resignation if the majority of the total number of the deputies of the Chambers have voted against them.

3. The Chairpersons of Parliaments Chambers shall:

1) convene sessions of the Chambers and preside over them;

2) exercise general supervision in preparation of the issues under consideration by the Chambers;

3) nominate the candidacies of Deputy Chairpersons to the Chambers;

4) ensure the observance of the procedural orders in the activities of the Chambers;

5) supervise the activities of the coordinating bodies of the Chambers;

6) sign acts issued by the Chambers;

7) propose the candidacies of members to the Constitutional Council, the Central Election Commission and the Accounts Committee for control over execution of the republican budget to the Chambers for appointment to office;

8) fulfill other duties assigned to them by the procedural orders of Parliament.

4. The Chairperson of the Majilis shall:

1) open sessions of Parliament;

2) convene regular joint sessions of the Chambers, preside at regular and extraordinary joint sessions of the Chambers.

5. The chairpersons of the Chambers shall issue instructions on the items of their jurisdiction.

Article 59

1. Parliaments sessions shall proceed in the form of joint and separate sessions of its (chambers).

2. The first session of Parliament shall be convened by the President of the Republic of Kazakhstan no later than thirty days from the day of publishing of the election results.

3. Regular sessions of the Parliament shall be held once a year from the first working day of September to the last working day of June.

4. Session of Parliament, as a rule, shall be opened by the President of the Republic and closed at joint sessions of the Senate and Majilis. In the period between Parliaments sessions, the President of the Republic of Kazakhstan may call an extraordinary session of the Parliament on his own initiative, at the suggestion of the chairpersons of the Chambers or no less than one-thirds from the total number of the deputies of the Parliament. Only the issues that were the reason for convocation shall be reviewed at this session.

5. Joint and separate sessions of the Chambers shall be held on condition that no less than two-thirds from the total number of the deputies of each Chamber are present.

6. Joint and separate sessions of the Chambers shall be open. In cases stipulated by the procedural orders, sessions may be closed. The President of the Republic, the Prime Minister and members of the Government, the Chairperson of National Bank, the Procurator General, the Chair-person of the Committee of National Security shall have the right to be present at any session and be heard.

Article 60

1. The Chambers shall form standing committees, the number of which shall not exceed seven in each Chamber.

2. The Senate and Majilis shall have the right to form joint commissions on a parity basis for solution of issues dealing with the joint activity of the Chambers.

3. The committees and commissions shall issue resolutions on items of their jurisdictions.

4. The procedure of formation, the powers and organization of the activities of the committees and commissions shall be determined by law.

Article 61

1. The right of a legislative initiative shall belong to the President the Republic, the deputies of the Parliament, to the Government and shall be realized exclusively in the Majilis.

2. The President of the Republic of Kazakhstan shall have the right to determine priority consideration of draft of laws as well as to declare consideration of a draft of law urgent signifying that Parliament must consider this draft within a month from the day of its submission. If the Parliament does not meet this requirement, the President of the Republic shall have the right to issue a decree having the force of law which shall be. in effect until Parliament adopts a new law as established by the Constitution.

3. Parliament shall have the right to issue laws that regulate the most important public relations, establish fundamental principles and standards dealing with:

1) legal capacity of individuals and legal entities, civil freedoms and rights, obligations and responsibility of individuals and legal entities;

2) conditions of ownership and other rights of property;

3) foundations of organization and activity of state bodies and bodies of local self-administration, state and military service;

4) taxation, establishment and levying of duties and other obligatory payments;

5) the republican budget;

6) issues of the judicial system and legal proceedings;

7) education, health care and social provision;

8) privatization of enterprises and their property;

9) environmental protection;

10) administrative-territorial structure of the Republic;

11) ensuring defense and security of the state. All other relations shall be regulated by legislative acts.

4. A draft of law considered and approved by the majority of votes from the total number of the deputies of the Majilis shall be transmitted to the Senate where it shall be considered for no more than sixty days. A draft of law approved by the majority of votes of the total number of deputies of the Senate shall become the law and shall be submitted to the President to be signed within ten days . A draft of law rejected as a whole by the majority of votes from the total number of the Senates deputies shall be returned to the Majilis. If the Majilis approves the draft of law again by the majority of two-thirds of votes from the total number of its deputies, it shall be transferred to the Senate for a second discussion and voting. A twice -rejected draft may not be submitted again during the same session.

5. Amendments and additions to a draft of law proposed by the majority of votes from the total number of the Senates deputies shall be sent to the Majilis. If the Majilis by the majority of votes from the total number of its deputies agrees with the proposed amendments and additions, the law shall be deemed to be adopted. If the Majilis by the same majority of votes objects to the amendments and additions proposed by the Senate, the disagreement between the Chambers shall be resolved through conciliatory procedures.

5-1. The draft of the constitutional law considered and approved not less than two-thirds of votes from the total number of the deputies of the Majilis shall be transmitted to the Senate where it shall be considered for no more than sixty days. Adopted not less than two-thirds of votes of total number of deputies of the Senate the draft shall become the constitutional law and within ten days shall be submitted to the President of the Republic for the signature. The rejecting the whole draft of the constitutional law shall be carried out by Majilis or the Senate by the majority of votes from total number of the deputies of the Chamber. Brought by the Senate not less than two thirds of votes of its deputies of changes and additions in the draft of the constitutional law shall direct to Majilis. If the Majilis not less than two-thirds of votes of its deputies shall agree with the changes brought by the Senate and additions, the constitutional law shall be considered accepted. If the Majilis at voting by the changes brought by the Senate and additions shall be disagreed with them not less than two-thirds of votes of deputies disagreements between Chambers shall be resolved by conciliation procedures.

6. Drafts of law envisioning reduction of state revenues or increase in state expenditures may be submitted only when supplied with the positive resolution of the Government of the Republic. For drafts of the acts brought in Majilis of the Parliament as the legislative initiative of the President of the Republic, presence of such conclusion shall not required.

7. In the case when of a draft of law submitted by the Government is not adopted, the Prime-Minister shall have the right to raise an issue of confidence in the Government at a joint session of the Chambers. Voting on this issue shall be held not earlier than within forty-eight hours from the moment of calling for a vote of confidence. If the call for a vote of no confidence does not receive the majority of votes from total number of deputies of each of Chambers, a draft of law shall be deemed adopted without voting. However, the Government may not use this right more than twice a year.

Article 62

1. The Parliament shall adopt legislative acts in the form of laws of the Republic of Kazakhstan, resolutions of the Parliament, resolutions of the Senate and the Majilis having obligatory force on the entire territory of the Republic.

2. Laws of the Republic shall come into effect after they are signed by the President of the Republic.

3. Amendments and additions to the Constitution shall be introduced by the majority of no less than three-fourths of votes from the total number of the deputies of each chamber.

4. Constitutional laws shall be adopted on the issues stipulated by the Constitution by the majority of no less than two-thirds of votes from the total number of the deputies of each Chamber.

5. Legislative acts of the Parliament and its Chambers shall be adopted by the majority of votes from the total number of the deputies of the Chambers unless otherwise stipulated by the Constitution.

6. No less than two readings introducing amendments and additions to the Constitution of the Republic of Kazakhstan shall be obligatory.

7. Laws of the Republic, resolutions of the Parliament and its Chambers must not contradict the Constitution.

Resolutions of the Parliament and its Chambers must not contradict laws.

8. The procedure for development, submission, discussion, bringing into effect and promulgation of legislative and other regulatory legal acts of the Republic shall be regulated by a special law and the procedural orders of Parliament and its Chambers.

Article 63

1. The President of the Republic of Kazakhstan after consultations of the Chairpersons of the Chambers of the Parliament and the Prime Minister may dissolve the Parliament or the Majilis of the Parliament.

2. The Parliament and the Majilis of the Parliament may not be dissolved in the period of a state of emergency or martial law, during the last six months of the Presidents term, as well as within a year after a previous dissolution.


 

 

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