Legal Framework

Constitutional Provisions

The citizens of the Republic of Kazakhstan have a right to create associations and be its members. The activities of such public associations are regulated by law. The military servants, employees of national security service, law enforcement bodies and judges have no right to be members of political parties, trade unions, to assist to any of political partiers (Article 23 of the Constitution of the Republic of Kazakhstan, adopted on August 30, 1995).

Primary Legislation

The Civil Code of the Republic of Kazakhstan (adopted on December 27, 1994).

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Legal Framework

Constitutional Provisions

The citizens of the Republic of Kazakhstan have a right to create associations and be its members. The activities of such public associations are regulated by law. The military servants, employees of national security service, law enforcement bodies and judges have no right to be members of political parties, trade unions, to assist to any of political partiers (Article 23 of the Constitution of the Republic of Kazakhstan, adopted on August 30, 1995).

Primary Legislation

The Civil Code of the Republic of Kazakhstan (adopted on December 27, 1994).

The Law "On Public Associations" (adopted on May 31, 1996).

The Law "On Political Parties" (adopted on July 15, 2002).

The Law "On Non-Commercial Organizations" (adopted on January 16, 2001).

The Law "On Freedom of Belief and Religious Organizations" (adopted on January 15, 1992).

The Law "On Trade Unions" (adopted on April 9, 1993).

The Decree of the President of the Republic of Kazakhstan having the force of the law "On the State Registration of Legal Entities" (adopted on April 17, 1995).

There are also some provisions concerning the freedom of association in the Law "On National Security of the Republic of Kazakhstan" (adopted on June 26, 1998).

Secondary Legislation

The Rules for organization of activity of sub-divisions of the law-enforcement bodies to ensure protection of public order and safety of citizens in carrying out public associations activities in the streets and other public places (adopted by a Decree of the Ministry of Internal Affairs dated December 6, 2000).

Order of the Ministry of Internal Affairs of the Republic of Kazakhstan "On organization of activity of law-enforcement bodies in relations with public associations" (as of December 31, 1993).

Resolution of the Prime Minister of the Republic of Kazakhstan "On regulation of public associations use of non-dwelling premises" (as of 11 September, 1996).

Order of the Chairman of the Registration Service Committee of the Ministry of Justice of the Republic of Kazakhstan "On Adoption of the Form of List of Political Party Members" (as of 19 July, 2002).

Possible Restrictions and suspensions

The main restrictions are connected with declaring of emergency situations and legal provisions connected with it. The state bodies in charge of the emergency situations can limit the freedom of association of citizens for some period of time in order to ensure the security of people in the mentioned period (Article 10 of the Law "On Legal Regime of the Emergency Situation", as of October 15, 1993). Freedom of association is not included into the list of rights and freedoms, which cannot be restricted. (Article 18 of the Law) Violation of the regime or requirements of emergency provisions leads to administrative punishment in the form of a warning, fine or administrative arrest. (Article 362 of the Administrative Offences Code)

State of emergency can be introduced on the entire territory of the Republic of Kazakhstan for a period till 3 days or on a part of its territory - till 6 days. Upon completion of this period the President cancels the state of Emergency. If the circumstances that caused introduction of the state of Emergency were not removed within the established period the President with his Decree can repeatedly prolong it with approval by the Parliament. The President can cancel the state of emergency prior to the established period. Decision on cancellation or prolongation of the state of emergency becomes valid from the moment of its adoption and is immediately promulgated. (Article 9 of the Law "On Legal Regime of the Emergency Situation")

Analysis was prepared with assistance of the Kazakhstan international bureau on human rights and observation of law, representative office of the International center of non-commercial law, OSCE ODIHR Mission in the Republic of Kazakhstan, which completed the ODIHR questionnaire.

Posted: June 2005

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