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The Constitution

of the Republic of Kazakhstan of August, 30 1995

as amended by:

Law No. 284 of 7th October 1998 of the Republic of Kazakhstan.

[relevant provisions]

We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peaceloving and civil society, dedicated 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, accept this Constitution.

Section I

GENERAL PROVISIONS

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Article 2

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

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Article 3

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

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

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Article 5

1. The Republic of Kazakhstan shall recognize ideological and political diversity. The merging of public and state institutions, and 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, and financing of public associations by the state 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.

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Section II

THE INDIVIDUAL AND CITIZEN

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Article 18

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3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.

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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 of 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.

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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.

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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, 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.

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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.

Section III

THE PRESIDENT

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Article 41

1. The President of the Republic shall be elected by universal, equal and direct suffrage under a secret ballot for a seven-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 forty 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.

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

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 case, stipulated by Article 48 of the Constitution, the oath shall be taken by a person who has taken the powers of the President of the Republic of Kazakhstan within one month since taking 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 premature release 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. One and the same person may not be elected the President of the Republic more than two times in a row.

Article 43

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

2. The President of the Republic snail suspend activity in any political party for the period he exercises his powers.

Article 44

1. The President of the Republic of Kazakhstan shall:

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Article 46

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

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Section IV

PARLIAMENT

Article 49

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

2. Parliament's 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. Parliament shall consist of two Chambers acting on a permanent basis: the Senate and the Majilis.

2. The Senate shall be composed of deputies elected in twos from each oblast, major city and the capital of the Republic of Kazakhstan, at a joint session of the deputies of all representative bodies of the respectively oblast, major city and the capital of the Republic. Seven deputies of the Senate shall be appointed by the President of the Republic for the term of the Senate.

3. The Majilis shall consist of seventy-seven deputies. Sixty-seven deputies shall be elected in constituencies having one mandate and formed according to the administrative-territorial division of the Republic with an approximately equal number of constituents. Ten deputies shall be elected on the basis of the Party Lists according to the system of proportional representation and in the territory of a unified national constituency.

4. A deputy of 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 the deputies of the Majilis shall be carried out on the basis of the universal, equal and direct right under secret ballot. Regular elections of the deputies of the Majilis shall be held no later than two months before the termination of the powers of current 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 Parliament shall be held within two months from the moment of premature termination of Parliament's powers.

4. A deputy of the Senate may be a citizen of the Republic of Kazakhstan who has been a citizen of the Republic for not less than five years and 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 citizen of the Republic of Kazakhstan who has reached twenty-five years of age.

5. A candidate shall be deemed elected if he receives more than fifty percent of the votes of constituents or electors who took part in the voting in a constituency having one mandate, at the joint session of deputies of all the representative bodies correspondingly of the oblasts, the city of republican significance and the capital of the Republic. If none of the candidates receives the aforementioned number of votes, a second round of voting shall be held between the two candidates who obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents or electors who took part in voting shall be deemed elected. Only those political parties which received not less than seven percent of votes of constituents who took part in the elections, shall be admitted to distribution of deputy mandates in accordance with the results of elections to the Majilis on the basis of Party Lists. Elections to the Senate shall be deemed valid in case more than fifty percent of electors took part in the voting. Procedure of elections of the deputies of the Parliament of the Republic shall be determined by constitutional law.

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

Article 52

1. A deputy of Parliament shall not be bound by any imperative mandate.

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, enter a managing body or a supervisory board of a commercial organization. Violation of this rule shall result in the termination of a deputy's 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, being recognized as incapable, dissolution of Parliament and in other cases stipulated by the Constitution. A deputy of Parliament shall be deprived of his mandate in cases being duly convicted in a court of law, establishing permanent residency beyond the boundaries of the Republic of Kazakhstan.

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:

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Article 56

The following belongs to exclusive jurisdiction of the Majilis:

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Section VI

THE CONSTITUTIONAL COUNCIL

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Article 72

1. The Constitutional Council by appeal of the President of the Republic of Kazakhstan, the (chairperson of the Senate, the Chairperson of Majilis, not less than one-fifth of the total number of deputies of Parliament, the Prime Minister shall:

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Article 73

1. The inauguration of the President, registration of the elected deputies of Parliament or results of all-nation referendum snail be suspended in cases of appeal to the Constitutional Council on issues mentioned in subparagraph 1) of paragraph 1 of Article 72 of the Constitution.

2. The term of signing or ratifying of the corresponding acts shall be suspended in case of appeal to the (constitutional Council on issues mentioned in subparagraphs 2) and 3) of paragraph I of Article 72 of the Constitution.

3. The constitutional Council shall pass a resolution within one month from the day of appeal. This period of time, at the demand of the President or the Republic, may be shortened by 10 days if the issue is urgent.

4. The President of the Republic may object, as a whole or in part to the resolutions of the Constitutional Council. These objection shall be overruled by two-thirds of the votes of the total number of the members of the Constitutional Council. If the objections of the President are not overruled, the resolution of the Constitutional Council shall be considered not adopted.

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Section VIII

LOCAL PUBLIC ADMINISTRATION

AND SELF-ADMINISTRATION

Article 85

Local public administration shall be exercised by local representative and executive bodies which are responsible for the state of affairs of the respective territory.

Article 86

1. Local representative bodies - maslikhats - shall express the will of the population of respective administrative-territorial units and with regard to the common public interests shall determine the measures needed for its realization, and control their implementation.

2. Maslikhats shall be elected by the population on the basis of universal, equal suffrage under secret ballot for a four -year term.

3. A deputy of a maslikhat may be a citizen of the Republic of Kazakhstan who has reached twenty years of age. A citizen of the Republic may be a deputy of only one maslikhat.

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Article 89

1. In the Republic of Kazakhstan, local self-administration which ensures that the issues of local significance shall be resolved independently by the population, shall be recognized.

2. Local self-administration shall be exercised by the population directly through elections as well as through elective and other bodies of local self-administration in rural and urban local communities covering the territories on which groups of the population live compactly.

3. The procedure or organization and activity of the bodies of local self-administration shall be determined by citizens themselves within the limits of their powers established by law.

4. The independence of the bodies of local self-administration shall be guaranteed within the limits of their powers established by law.

Section IX

CONCLUDING AND TRANSITIONAL PROVISIONS

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Article 91

1. Amendments and additions to the Constitution of the Republic of Kazakhstan may be introduced only by an all-nation referendum held by the decision of the President of the Republic made on his own initiative, at the recommendation of Parliament or the Government. The draft of amendments and additions to the Constitution shall not be submitted to an all-nation referendum if the President decides to pass it to the consideration of Parliament. In this case, Parliament's decision shall be adopted according to the procedure established by this Constitution. In case the President of the Republic refuses the proposal of the Parliament on submission of amendments and additions to the Constitution for the consideration of the Republican referendum, the Parliament has the right by majority of not less than four-fifths of votes of the total number of deputies of each Chamber of the Parliament to adopt the law on making of these amendments and additions to the Constitution. In such case the President of the Republic shall sign this law or submit it for the consideration of the Republican referendum which shall be deemed valid if more than half of the Republican citizens, possessing the right to participate in the Republican referendum, take part in it. Amendments and additions to the Constitution, which are submitted for the consideration of the Republican referendum, shall be deemed adopted, if more than half of citizens, taking part in it, vote for it.

2. The unitary status and territorial integrity of the Republic, the forms of government may not be changed.

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