The Constitution of the Republic of Kazakhstan (adopted on August 30, 1995 at the republican referendum)
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CONSTITUTION
OF THE REPUBLIC OF KAZAKHSTAN

 

Adopted on August 30, 1995 at the republican referendum.

Entered into force on September 5, 1995 on the day the results of referendum were published.

The amendments and additions made by Law of the Republic of Kazakhstan dated on October 7, 1998, Law of the Republic of Kazakhstan dd. May 21, 2007, Law of the Republic of Kazakhstan dated on February 2, 2011, Law of the Republic of Kazakhstan dated on March 10, 2017. In accordance with the Decree of the President of the Republic of Kazakhstan dated on September 6, 1995 № 2454 «Of the Constitution of the Republic of Kazakhstan»

 

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SectionI. General Provisions

Section II. The Individual and Citizen

Section III.The President

Section IV.The Parliament

Section V. The Government

Section VI. The Constitutional Council

Section VII.Court and justice

Section VIII.Local public administration and self-administration

Section IX. Concluding and transitional provisions

 

«We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, committed to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, adopt this Constitution».

 

Section I.

General Provisions

Article 1

1. The Republic of Kazakhstan proclaims itself as a democratic, secular, legal and social state whose highest values are: an individual, his life, rights and freedoms.

2. The fundamental principles of the activity of the Republic are: public concord and political stability; economic development for the benefit of all the nation; Kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at the republican referendum or in the Parliament.

Article 2

1. The Republic of Kazakhstan is a unitary state with a presidential form of government.

2. The sovereignty of the Republic shall cover the whole of its territory. The state shall ensure the integrity, inviolability and inalienability of its territory.

3. The administrative-territorial division of the Republic, the status of its capital shall be determined by the law. The Capital of Kazakhstan is Astana city.

4. The names «Republic of Kazakhstan» and «Kazakhstan» shall be equal.

Footnote: See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

 

Article 3

1. The people shall be the only source of state power.

2. The people shall exercise power directly through the all-nation referendum and free elections, as well as delegate the execution of their power to state institutions.

3. Nobody shall have the right to arrogate the power in the Republic of Kazakhstan. Arrogation of power shall be persecuted by law. The right to act on behalf of the people and the state shall belong to the President as well as to the Parliament of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities.

4. The state power in the Republic of Kazakhstan shall be unified and executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and a system of checks and balances, which governs their interaction.

Article 4

1. The provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic shall be the functioning law in the Republic of Kazakhstan.

2. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.

3. International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases, when the application of an international treaty requires the issuance of law.

4. All laws, international treaties of which the Republic is a party, shall be published. Official publication of regulatory legal acts, dealing with the rights, freedoms and responsibilities of citizens shall be the necessary condition for their application.

Footnote: See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Article 5

1. The Republic of Kazakhstan shall recognize ideological and political diversity. The formation of political party organizations in state bodies shall not be permitted.

2. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public associations, and of public associations in the affairs of the state, imposing the functions of state institutions on public associations shall not be permitted.

3. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.

4. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.

5. Activities of foreign religious associations on the territory of the Republic as well as appointment of heads of religious associations in the Republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the Republic.

Article 6

1. The Republic of Kazakhstan shall recognize by the same token protect state and private property.

2. Property shall impose obligations, and its use must simultaneously benefit the society. Subjects and objects of ownership, the scope and limits of the rights of proprietors, and guarantees of their protection shall be determined by law.

3. The land and underground resources, waters, flora and fauna, other natural resources shall be owned by the state. The land may also be privately owned on terms, conditions and within the limits established by legislation.

Article 7

1. The state language of the Republic of Kazakhstan shall be the Kazak language.

2. In state institutions and local self-administrative bodies, the Russian language shall be officially used on equal grounds along with the Kazak language.

3. The state shall promote conditions for the study and development of the languages of the people of Kazakhstan.

Article 8

The Republic of Kazakhstan shall respect principles and norms of international law, pursue the policy of cooperation and good-neighborly relations between states, their equality and non-interference in each other’s domestic affairs, peaceful settlement of international disputes and renounce the first use of the military force.

Article 9

The Republic of Kazakhstan shall have its state symbols — the flag, emblem and anthem. Their description and order of official use shall be established by the constitutional law.

Section II.

The Individual and Citizen

Article 10

1. Citizenship of the Republic of Kazakhstan shall be acquired and terminated, as prescribed by the law, shall be indivisible and equal regardless of the grounds of its acquisition.

2. A citizen of the Republic of Kazakhstan under no circumstances may be deprived of citizenship of the right to change his citizenship, and may not be exiled from the territory of Kazakhstan.

3. Foreign citizenship of a citizen of the Republic shall not be recognized.

Footnote: See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Article 11

1. A citizen of the Republic of Kazakhstan may not be extradited to a foreign state, unless otherwise stipulated by international treaties of the Republic.

2. The Republic shall guarantee its citizens protection and patronage outside its boundaries.

Article 12

1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.

2. Human rights and freedoms 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 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 treaties.

5. Exercise of a citizen’s human rights and freedoms must not violate rights and freedoms of other people, infringe on the constitutional system and public morals.

Article 13

1. Legal personality of everyone shall be recognized and everyone shall have the right to protect his rights and freedoms with all means not contradicting the law, including self-defense.

2. Everyone shall have the right to judicial 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.

Article 14

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.

Article 15

1. Everyone shall have the right to life.

2. No one shall have the right to arbitrarily deprive life of a person. The death penalty shall be established by law, as an exceptional punishment for terroristic crimes,resorting to lethal force, and also for especially grave crimes, committed in wartime, with granting to a sentenced person a right to appeal for pardon.

Article 16

1. Everyone shall have the right to personal freedom.

2. Arrest and detention shall be allowed only in cases stipulated by law and with the sanction of a court with right of appeal of an arrested person. Without the sanction of a court, a person maybe detained for a term no 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 defense lawyer (defender) from the moment of detention, arrest or accusation.

Article 17

1. A person’s dignity shall be inviolable.

2. No one must be subject to torture, violence or other treatment and punishment, that is cruel or humiliating to human dignity.

Article 18

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 personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right shall be permitted only in the 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.

Article 19

1. Everyone shall have the right to determine and indicate or not to 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.

Article 20

1. The 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, class and clannish superiority as well as the cult of cruelty and violence, shall not be allowed.

Article 21

1. Everyone who has a legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose 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 freely return to the Republic.

Article 22

1. Everyone shall have the right to freedom of conscience.

2. The right to freedom of conscience must not specify or limit universal human and civil rights and responsibilities before the state.

Article 23

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. The military, employees of national security, law-enforcement bodies and judges must abstain from membership in political parties, trade unions, and actions in support of any political party.

Article 24

1. Everyone shall have the right to freedom of labor, and the free choice of occupation and profession. Involuntary labor shall be permitted only on a sentence of court or in the conditions of a state of emergency or martial law.

2. Everyone shall have the right to safe and hygienic working conditions, to just remuneration for labor without discrimination, as well as to social protection against unemployment.

3. The right to individual and collective labor disputes with the use of methods for resolving them, stipulated by law including the right to strike, and shall be recognized.

4. Everyone shall have the right to rest. Working labor agreements stipulating the length of working time, days-off and holidays, and paid annual leave shall be guaranteed by law.

Article 25

1. Housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court decision. Penetration into housing, its inspection and search shall be permitted only in cases and according to the procedure stipulated by law.

2. Conditions shall be created in the Republic of Kazakhstan to provide citizens with housing. 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.

Article 26

1. Citizens of the Republic of Kazakhstan may privately own any legally acquired property.

2. 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 decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law, may be exercised on condition of its equivalent compensation.

4. Everyone shall have the right to freedom of entrepreneurial activity, and free use of his property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and limited by law. Unfair competition shall be prohibited.

Article 27

1. Marriage and family, motherhood, fatherhood and childhood shall be under the protection of the state.

2. Care of children and their upbringing shall be a natural right and responsibility of parents.

3. Able-bodied children of age must take care of their disabled parents.

Article 28

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 a breadwinner and other legal grounds.

2. Voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged.

Article 29

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 the terms and according to the procedures, stipulated by law.

Article 30

1. The citizens shall be guaranteed free secondary education in state educational establishments. Secondary education shall be obligatory.

2. A citizen shall have the right to receive on a competitive basis a higher education in a state higher educational establishment.

3. The citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms, established by law.

4. The state shall set uniform compulsory standards in education. The activity of any educational establishment must comply with these standards.

Article 31

1. The state shall set an objective to protect the environment, favorable for the life and health of the person.

2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.

Article 32

Citizens of the Republic of Kazakhstan shall have the right to peacefully and without arms assemble, hold meetings, rallies 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 freedoms of other persons.

Article 33

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-administrations 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 the citizens judged incapable by a court as well as those held in places of confinement on a court’s sentence.

4. Citizens of the Republic shall have the equal right to serve in a public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.

Article 34

1. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.

2. Everyone must respect the state symbols of the Republic.

Article 35

Payment of legally established taxes, fees and other obligatory payments shall be a duty and responsibility of everyone.

Article 36

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.

Article 37

Citizens of the Republic of Kazakhstan must care for the protection of historical and cultural heritage, and preserve monuments of history and culture.

Article 38

Citizens of the Republic of Kazakhstan must preserve nature and protect natural resources.

Article 39

1. Rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, health and morality of the population.

2. Any actions capable of upsetting interethnic concord shall be deemed unconstitutional.

3. Any form of restrictions to the rights and freedoms of the citizens on political grounds shall not be permitted. Rights and freedoms stipulated by articles 10-11; 13-15 paragraph 1 of article 16; article 17; article 19; article 22; paragraph 2 of article 26 of the Constitution shall not be restricted in any event.

Footnote: See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Section III.

The President

Article 40

1. The President of the Republic of Kazakhstan shall be the head of the state, its highest official determining the main guidelines of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.

2. The President of the Republic shall be the symbol and guarantor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.

3. The President of the Republic shall ensure by his arbitration, concerted functioning of all branches of state power and responsibility of the institutions of power before the people.

Article 41

1. The President of the Republic shall be elected by universal, equal and direct suffrage under a secret ballot for a five-year term in accordance with the Constitutional Law by the citizens of the Republic, who have come of age.

2. A citizen of the Republic shall be eligible for the office of the President of the Republic of Kazakhstan if he is by birth not younger, than thirty-five and not older, than sixty-five, and has a perfect command of the state language and has lived in Kazakhstan for not less than fifteen years.

3. Regular elections of the President of the Republic shall be held on the first Sunday of December and shall not coincide with the election of a new Parliament of the Republic.

3-1. extraordinary presidentialelections shall be assigned bythe decision ofthe President of theRepublic andshall be heldin the procedure andterms, established by the Constitutional Law.

4. Is excluded by the Law of the Republic of Kazakhstan, dated on 07.10.1998 № 284

5. The candidate, who receives more than 50 percent of the votes of the constituents, who have taken part in the election shall be deemed elected. If none of the candidates receives the above number of votes, the second round of elections shall be held between the two candidates, who have obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents, who have taken part in the second round of elections shall be deemed elected.

Footnote: Article 41 as amended by laws of the Republic of Kazakhstan, dated on 07.10.1998 № 284: See resolutions of the Constitutional Council of the Republic of Kazakhstan, dated on 09.10.1998 № 9/2; dated on 19.08.2005 № 5; dated on 21.05.2007 N 254 (shall be enforced from the day of its official publication); dated on 02.02.2011 № 403-IV(shall be enforced from the day of its official publication), See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Article 42

1. The President of the Republic of Kazakhstan shall take office from the moment of swearing to the people the following oath: «I solemnly swear that I will faithfully serve the people of Kazakhstan, strictly observe the Constitution and the laws of the Republic of Kazakhstan, guarantee the rights and freedoms of the citizens, honestly perform the high duties of the President of the Republic of Kazakhstan entrusted to me.»

2. The oath shall be taken on the second Wednesday of January in a ceremonial atmosphere in the presence of the deputies of Parliament, the members of the Constitutional Council, the judges of the Supreme Court, as well as all former Presidents of the Republic. In the case, stipulated by article 48 of the Constitution, the person who assumes the powers of the President of the Republic of Kazakhstan shall take the oath within one month from the day of assumption of the powers of the President of the Republic.

3. The powers of the President of the Republic shall terminate from the moment, the newly elected President of the Republic takes office as well as in the case of early discharge from office, resignation or death. All former Presidents of the Republic, except those who were discharged from office shall have the title of ex-President of the Republic of Kazakhstan.

4. (The item is excluded by the Law of the Republic of Kazakhstan, dated on October 7, 1998 № 284)

5. One and the same person may not be elected to the President of the Republic more than two times in a row.

This restriction shall not apply to the First President of the Republic of Kazakhstan.

Footnote: Article 42, as amended by the Laws of the Republic of Kazakhstan, dated on October 7, 1998 № 284; dated May 21, 2007N254 (Shall be enforced from the day of its official publication.)

Article 43

1. The President of the Republic of Kazakhstan shall not have the right to be a deputy of a representative body, occupy other paid positions and engage in entrepreneurial activity.

2. (is excluded dated May 21, 2007 № 254)

Footnote: Article 43 as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 № 254 (shall be enforced from the day of its official publication).

Article 44

1. The President of the Republic of Kazakhstan shall:

1) Annually address the people of Kazakhstan with a message on the state of the country and main guidelines of the domestic and foreign policy of the Republic of Kazakhstan;

2) Appoint regular and extraordinary elections to the Parliament of the Republic and its Chambers; convene the first session of Parliament and accept the oath of its members to the people of Kazakhstan; call extraordinary joint sessions of the Chambers of Parliament; sign laws submitted by the Senate of Parliament within a month, promulgate the law or return the law or its separate articles for a second discussion and vote;

3) after consultations with factions of the political parties, represented in the Majilis of the Parliament submit the candidature of Prime Minister of the Republic of Kazakhstan for approval by Majilis; appoint a Prime Minister of the Republic with the consent of the Majilis of the Parliament; discharge him from office; pursuant to the proposal of the Prime Minister determine the structure of the Government of the Republic,form, abolish and reorganize central executive bodies of the Republic which are not included into the Government, appoint to positions of the members of the Republic’s Government;appoint to the positions ofMinisters of ForeignAffairs, Defense,Interior Affairs, Justice;discharge from officemembers of the Government; accept the oath of the members of the Government; chair the sessions of the Government on especially important issues; charge the Government with bringing a bill into the Majilis of Parliament; repeal or suspend completely or partially the effect of the acts of the Government and Prime Minister of the Republic, akims of the regions, cities of the Republic significance and the capital;

4) Appoint to the positions of the Chairperson of the National Bank, Prosecutor General and Chairperson of the Committee of National Security of the Republic with the consent of the Senate of Parliament with the Parliament's consent; discharge them from office;

5) Create, abolish and reorganize national bodies which are directly subordinate and accountable to the President of the Republic,

6) Appoint and recall the heads of diplomatic representative offices of the Republic;

7) Appoint the Chairperson and two members of the Central Election Commission, the Chairperson and two members of the Estimation Committee for Control over Implementation of the Republican Budget for a five year term;

8) Approve national programs of the Republic;

9) approve the unified system of financing and labour payment for all bodies financed by the national budget of the Republic pursuant to the proposal of the Prime Minister of the Republic;

10) Adopt a resolution on conductof the national referendum;

11) Conduct negotiations and sign international treaties of the Republic; sign ratification instruments; letters of credentials and recall from diplomatic and other representatives of foreign states accredited to him;

12) Act as the Commander-in-Chief of the Armed Forces of the Republic, appoint and discharge from office the highest command of the Armed Forces;

13) Award state decorations of the Republic; confer honorary, highest military and other ranks, ranked positions, diplomatic ranks and qualification degrees;

14) Resolve issues of citizenship of the Republic, and granting of political asylum;

15) Exercise pardon of citizens;

16) in the event of a serious and immediate threat to the democratic institutions of the Republic, its independence and territorial integrity, political stability of the Republic, security of its citizens and the disruption of normal functioning of the Constitutional bodies of the state, after official consultations with Prime Minister and Chairpersons of the Parliamentary Chambers of the Republic take measures dictated by the above circumstances includingimposition of a state of emergency on the entire territory and in particular areas of Kazakhstan, and immediately inform the Parliament of the use of the Armed Forces of the Republic;

17) in the case of aggression against the Republic or immediate external threat to its security, the President shall impose martial law on the entire territory of the Republic or in its particular areas, declare a partial or total mobilization and immediately inform the Parliament of the Republic about it;

18) Form the Republican Guard and the Presidential Guard subordinated to the President;

19) Appoint to and discharge from office the State Secretary of the Republic of Kazakhstan, determine his status and powers; form the Administration of the President of the Republic;

20) Form the Security Counciland other consultative and advisory bodies as well asthe Assembly of People of Kazakhstan and the Supreme Judicial Council;

21) Exercise other powers in accordance with the Constitution and the laws of the Republic.

Footnote: Article 44 is amended by the Law of the Repiblic of Kazakhstan, dated on October 7, 1998 № 284. See resolution of the Constitutional Council of the Republic of Kazakhstan, dated on June 30, 1999 № 10/2. See resolution of the Constitutional Council of the Republic of Kazakhstan, dated on July 3, 2000 15/2. See resolution of the Constitutional Council of the Republic of Kazakhstan, dated on November 12, 2001 № 14/2. Article 44 as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 № 254 (shall be enforced from the day of its official publication), See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Article 45

1. The President of the Republic of Kazakhstan, on the basis of and for the exercise of the Constitution and the laws, shall issue decrees and resolutions which are binding on the entire territory of the Republic.

2. In the case stipulated by subparagraph 4) of the Article 53 of the Constitution the President of the Republic shall issue laws, and in the case stipulated by subparagraph 2) of the Article 61 of the Constitution, the President of the Republic shall issue decrees having the force of laws of the Republic.

3. The acts of Parliament signed by the President of the Republic as well as the acts of the President issued on the initiative of the Government shall be preliminary signed respectively by the Chairperson of each Parliament's Chambers or the Prime Minister who shall be juridically responsible for the legality of these acts.

Footnote: See The Law of the Republic of Kazakhstan dated on March 10, 2017 № 51-VI

Article 46

1. The President of the Republic of Kazakhstan, his honour and dignity shall be inviolable.

2. Provision, service, and guard of the President of the Republic and his family shall be carried out at the state's expense.

3. The provisions of this article shall apply to ex-Presidents of the Republic.

4. Status and powers of the First President of Kazakhstan shall be determined by the Constitution of the Republic and Constitutional Law.

Footnote: Article 46 as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 № 254 (shall be enforced from the day of its official publication).

Article 47

1. The President of the Republic of Kazakhstan may be prematurely discharged from office in the case of continued incapacity to carry out his duties due to illness. In this case, the Parliament shall form a commission consisting of equal numbers of deputies from each Chamber and specialists in the corresponding areas of medicine. The decision onearlydischarge shall be adopted at a joint sitting of the Parliament's Chambers by the majority of no less than three-fourths from the total number of deputies of each Chamberon the grounds ofopinion of the commission and the Constitutional Council on compliance with the established constitutional procedures.

2. The President of the Republic shall bear responsibility for the actions performed, while carrying out his duties and only in the case of high treason may be discharged from office by Parliament. The decision to bring an accusation and conduct its investigation may be adopted by the majority of the deputies of the Majilis at the initiative of no less, than one-third of the total number of its deputies. Investigation of the accusation shall be organized by the Senate and its results shall be transferred for consideration by the majority of votes of the total number of the deputies of the Senate at a joint session of the Parliament's Chambers. The final decision of this issue shall be adopted at the joint session of the Parliament's Chambers by the majority of no less than three-fourths of the total number of the deputies of each Chamber if there isopinion of the Supreme Court on the validity of the accusation and conclusion of the Constitutional Council on compliance with the established constitutional procedures. The failure to make a final decision within two months from the moment of the accusation shall result in the recognition of rejection of the accusation against the President of the Republic. Rejection of the accusation of the President of the Republic in commission of high treason at any stage shall result in early termination of the powers of the deputies of the Majilis, who initiated the consideration of this issue.

3. The issue of discharge of the President of the Republic from office may not be initiated within the period of consideringby him the issueon early termination of the powers of the Parliament of the Republic or the Majilis of the Parliament.

Footnote: Article 47 as amended by the Law of the Republic of Kazakhstan, dated on May 21, 2007 № 254 (shall be enforced from the day of its official publication).

Article 48

1. In case of earlydischarge or impeachment of the President of the Republic of Kazakhstan from office as well as in case of his death the powers of the President of the Republic shall be transmitted for the remaining period to the Chairperson of the Senate of Parliament; if the Chairperson of the Senate is unable to assume the powers of the President, they shall pass to the Chairperson of the Majilis of Parliament; if the Chairperson of the Majilis is unable to assume the powers of the President, they shall pass to the Prime Minister of the Republic. The person who assumes the powers of the President of the Republic shall resign his powers respectively of the Chairperson of the Senate, the Chairperson of the Majilis, the Prime Minister. In that case substitution of vacant state offices shall be performed in accordance with the procedure stipulated by the Constitution.

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