DRAFT Law of the Republic of Kazakhstan “On amendments and additions to the Constitution of the Republic of Kazakhstan”

Decree of the President of the Republic of Kazakhstan

On holding a republican referendum on June 5, 2022

In accordance with paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan and Article 18 of the Constitutional Law of the Republic of Kazakhstan “On the Republican Referendum”, I DECREE:

1. To hold a republican referendum on June 5, 2022.

2. Submit to the republican referendum the draft Law of the Republic of Kazakhstan “On amendments and additions to the Constitution of the Republic of Kazakhstan” with the following wording of the question: “Do you accept amendments and additions to the Constitution of the Republic of Kazakhstan set out in the draft Law of the Republic of Kazakhstan “On Amendments and additions to the Constitution of the Republic of Kazakhstan” published in the mass media information on May 6, 2022?”.

3. Officially publish this Decree and the draft Law of the Republic of Kazakhstan “On Amendments and additions to the Constitution of the Republic of Kazakhstan” in the mass media on May 6, 2022.

4. Assign the organization and conduct of the republican referendum to the Central Election Commission performing the functions of the Central Referendum Commission, as well as to territorial and precinct election commissions performing the functions of territorial and precinct referendum commissions.

5. The Government of the Republic of Kazakhstan, together with the Central Election Commission of the Republic of Kazakhstan, other central state bodies and local executive bodies of the Republic of Kazakhstan, shall take the necessary measures to organize and conduct a republican referendum.

6. This Decree shall enter into force from the date of publication.

President
of the Republic of Kazakhstan
K. Tokayev

Nur-Sultan, Akorda, May 5, 2022

№ 888

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The 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 should not be members of political parties, trade unions, or support any political party.”.

The beginning of the form

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 appointed 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 posts 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: