On State Symbols of the Republic of Kazakhstan

Constitutional Law of the Republic of Kazakhstan dated June 4, 2007 N 258

Unofficial translation

Chapter 1. STATE SYMBOLS OF THE REPUBLIC OF KAZAKHSTAN

Article 1. State Symbols of the Republic of Kazakhstan

      The State Symbols of the Republic of Kazakhstan shall be a State Flag, a State Emblem and a National Anthem.
      National Flag of the Republic of Kazakhstan is a piece of right-angled cloth of sky-blue color with a picture of a golden sun with its 32 rays in the center, under them - a soaring steppe eagle. Flag staff has vertical line with national ornament. The picture of sun, its rays, eagle and ornament are of golden color./length ratio of the flag is 1:2.
      National Emblem of the Republic of Kazakhstan is a picture of a shanyrak (the cupola of a yurta) on a blue background, from which uyks (body bracket) like sun rays are being radiated in framing of wings of mythical horses. On the right and to the left of shanyrak there is the image of mythical winged horses. At the top of the volume is five-pointed star, and at the bottom of the emblem there is an inscription "Kazakhstan". Image of the star, shanyrak, uyk, the mythical winged horse, and the inscription "?azakhstan" are colored in gold
      National Anthem of the Republic of Kazakhstan is a musical and poetic work performed in the cases stipulated by this Constitutional Law.
      Standards of the National Flag and National Emblem of the Republic of Kazakhstan are kept at the Residence of the President of the Republic of Kazakhstan.

Article 2. Legislation, governing the use of State Symbols of the Republic of Kazakhstan

      The order placement and use of state symbols of the Republic of Kazakhstan is determined by the Constitution of the Republic of Kazakhstan, the present Constitutional Law and other normative legal acts of the Republic of Kazakhstan.

Article 3. Approval of State symbols of the Republic of Kazakhstan

      Approve the following:
      1) The image of National Flag of the Republic of Kazakhstan (Annex 1 to the Constitutional Act);
      2) The image of the State Emblem of the Republic of Kazakhstan (Annex 2 to the Constitutional Act);
      3) Music Editor and the National Anthem of the Republic of Kazakhstan (Annex 3 to this Constitutional Act).

Chapter 2. THE NATIONAL FLAG OF THE REPUBLIC OF KAZAKHSTAN

Article 4. The procedure for using Flag of the Republic of Kazakhstan

      National Flag of the Republic of Kazakhstan shall be raised or hoisted mandatorily on the following:
      1) on the building of the Residence of the President of the Republic of Kazakhstan, on that of the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, on those of Ministries, State Committees and such other central executive bodies of the Republic of Kazakhstan, State Bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, to the Constitutional Council of the Republic of Kazakhstan, Supreme Court and other courts of the Republic of Kazakhstan, on that of the General Procurator’s Office of the Republic of Kazakhstan, National Academy of Sciences of the Republic of Kazakhstan, Maslikhats, local executive bodies as well as on buildings of diplomatic and trade representations, consular establishments of the Republic of Kazakhstan - on a permanent basis;
      2) in the cabinet of the President of the Republic of Kazakhstan, in the halls for holding sessions (both joint and separate) of the Senate and Mazhilis of the Parliament of the Republic of Kazakhstan, those of the Bureau of Chambers of the Parliament of the Republic of Kazakhstan, of the Government of the Republic of Kazakhstan, sessions of the Maslikhats of the Republic of Kazakhstan as well in the assembly hall of the Constitutional Council, in the halls of court sessions of the Supreme Court, of its boards and other courts of the Republic of Kazakhstan as well as in the premises of gala registration of births and wedlocks - on a permanent basis;
      3) in the halls where the conduct joint and separate sessions of the Senate and the Mazhilis of the Parliament of the Republic of Kazakhstan, meeting coordination and working bodies of the chambers of the Parliament of the Republic of Kazakhstan, the Government, in the boardrooms of the Constitutional Council of the Republic of Kazakhstan, in the courtrooms of the Supreme Court and local courts of the Republic of Kazakhstan Colleges in the courtrooms of central, local representative and executive bodies, state bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, in the halls of presenting state awards and government of the Republic of Kazakhstan, in the halls of diplomatic missions of Kazakhstan receptions, as well as in areas of registration of births and marriages - always;
      4) to the government buildings at the opening in a festive atmosphere;
      5) on the building or inside the premises for holding international forums with the participation of the President of the Republic of Kazakhstan, of chairpersons of Chambers of the Parliament of the Republic of Kazakhstan, of the Prime-Minister of the Republic or their plenipotentiary representatives if it is stipulated by the standards of international law or by international treaties concluded by the Republic of Kazakhstan;
      6) on sea-going vessels, on those of inland navigation and other vehicles, on which the President of the Republic of Kazakhstan or Prime Minister of the Republic of Kazakhstan are present;
      7) as a stern flag on vessels registered in the established order;
      8) on warships and vessels of the Republic of Kazakhstan - according to military regulations;
      9) in military formations and units of Armed Forces, in those of Republican Guards of the Republic of Kazakhstan - when taking the oath;
      10) on buildings of state bodies and entities - on the days of some national holiday of the Republic of Kazakhstan and on red-letter days. Legal standard acts of the Republic of Kazakhstan may also stipulate other cases of obligatory rising or hoisting of the National Flag of the Republic of Kazakhstan. National Flag of the Republic of Kazakhstan may be hoisted (raised) on other buildings (resp.in premises) at the wish of owners thereof.
      11) in educational institutions, implementing educational programs of general secondary, primary vocational, secondary vocational, higher professional and postgraduate education at the opening ceremonies of the new school year and the end of the school year;
      12) when they meet heads of state, parliaments and governments of foreign countries, visiting the Republic of Kazakhstan with the state and official visits.
      The order of use (setting, location) of the National Flag in military formations, units, departments, institutions of the Armed Forces and other troops and military formations is determined by military regulations.
      The National Flag, mounted on the buildings on a permanent basis, should be illuminated at night.
      The National Flag may rise (set) on the other buildings (indoors) at the request of their respective owners.
      2. The National Flag is placed on a mandatory basis:
      1) on the websites of the President of the Republic of Kazakhstan, the Parliament, Government, Ministries, central executive bodies are not encompassed by the Government of the Republic of Kazakhstan, State Bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, their departments and territorial units, the Constitutional Council of Kazakhstan Supreme Court and local courts of the Republic of Kazakhstan, the local representative and executive bodies, as well as diplomatic missions of Kazakhstan in accordance with the procedure established by the Government of the Republic of Kazakhstan;
      2) for aircraft and spacecraft in the Republic of Kazakhstan.
      The National Flag may be placed on other material objects.
      3. The National Flag, regardless of its size should correspond to the state standard.
      In case of discrepancy of Flag state standard, it should be replaced and destroyed in the manner determined by the Government of the Republic of Kazakhstan.
      The National Flag may not be used as a heraldic flags basis of public associations and other organizations.
      The National Flag may be used as an element or a heraldic basis of state awards, banknotes and coins of the National Bank of Kazakhstan.
      4. On the occasion of national mourning on the National Flag lower a little half the of the flagpole during the period of national mourning.

Article 5. Simultaneous use of Flag of the Republic of Kazakhstan and other flags in the territory of the Republic of Kazakhstan

      1) With the simultaneous rise (setting, location), Flag of the Republic of Kazakhstan, the flags of foreign countries, NGOs and other organizations, the size of the National Flag of the Republic of Kazakhstan shall not be smaller than the other flags.
      In this case, the State Flag of the Republic of Kazakhstan is located not less than the other flags.
      2) Flags of public associations and other organizations may not be identical to the National Flag of the Republic of Kazakhstan.

Chapter 3. NATIONAL EMBLEM OF THE REPUBLIC OF KAZAKHSTAN

Article 6. The procedure for using National Emblem of the Republic of Kazakhstan

      1. The National Emblem of the Republic of Kazakhstan shall be fixed mandatorily on the following:
      1) on buildings of the Residence of the President of the Republic of Kazakhstan, of the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, on those of ministries, state committees and such other central executive bodies of the Republic of Kazakhstan, of state bodies directly subordinated or accountable to the President of the Republic of Kazakhstan, on buildings of the Constitutional Council, Supreme Court and other courts of the Republic of Kazakhstan, on that of the General Procurator’s Office of the Republic of Kazakhstan as well as on buildings of the National Academy of Sciences of the Republic of Kazakhstan, on those of headquarters of formations and units of the Armed Forces and the Republican Guards of the Republic of Kazakhstan, on those of diplomatic and trade representations and consular establishments of the Republic of Kazakhstan;
      2) in the study of the President of the Republic of Kazakhstan, in halls intended for sessions (both joint and separate) of Chambers of the Parliament of the Republic of Kazakhstan, sessions of the Bureau of Chambers of the Parliament, those of the Presidium, sessions of local representative bodies of the Republic of Kazakhstan, in the hall meant for sessions of the Supreme Court, its boards and other courts of the Republic of Kazakhstan, in the halls for holding sessions of boards of central and local executive bodies, state bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, in the premises intended for gala registration of births, wedlocks, for investiture of government and state awards of the Republic of Kazakhstan, as well as in the reception halls of diplomatic representations and consular establishments of the Republic of Kazakhstan stationed abroad.
      3)in the halls where the conduct joint and separate sessions of the Senate and the Mazhilis of the Parliament of the Republic of Kazakhstan, meeting coordination and working bodies of the chambers of the Parliament of the Republic of Kazakhstan, the Government, in the boardrooms of the Constitutional Council, in the courtrooms of the Supreme Court and local courts of the Republic of Kazakhstan, in the boardrooms boards central, local representative and executive bodies, state bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, in the halls of presenting state awards and government of the Republic of Kazakhstan, in the halls of diplomatic missions of Kazakhstan receptions, as well as in areas of registration of births and marriages -- on a permanent basis;
      The order of the State Emblem in military formations, units, departments, institutions of the Armed Forces and other troops and military formations is determined by military regulations.
      2. The Image of National Emblem of the Republic of Kazakhstan shall be fixed mandatorily on the following:
      1) on seals and forms of documents of the President of the Republic of Kazakhstan and his Administration, on those of the Parliament of the Republic of Kazakhstan, its Chambers and staffs, of the Bureau of Chambers of the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and its Staff, on those of ministries, state committees and such other central executive bodies of the Republic of Kazakhstan, state bodies directly subordinated or accountable to the President of the Republic of Kazakhstan, on those of the Constitutional Court, Supreme Court, other courts of the Republic of Kazakhstan, of the General Procurator’s Office of the Republic of Kazakhstan, on those of military formations and units of the Armed Forces and the Republican Guards of the Republic of Kazakhstan, on those of Maslikhats, local executive bodies, state-owned notary’s offices who have been granted the right of placing the image of the National Emblem on seals and forms of documents by the legislation of the Republic of Kazakhstan.
      2) on official publications of the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, on those of the Constitutional Council of the Republic of Kazakhstan and the National Bank of the Republic of Kazakhstan as well as on securities of the Republic of Kazakhstan;
      3) on the banknotes and coins of the National Bank of the Republic of Kazakhstan, the government securities of the Republic of Kazakhstan;
      4) on the identification card and the passport of a citizen of the Republic of Kazakhstan as well as on other passports issued to the citizens of the Republic of Kazakhstan;
      5) on frontier posts erected along the state border of the Republic of Kazakhstan.
      6) on the websites of the President of the Republic of Kazakhstan, the Parliament, Government, Ministries, central executive bodies are not encompassed by the Government of the Republic of Kazakhstan, State Bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, their departments and territorial units, the Constitutional Council of Kazakhstan Supreme Court and local courts of the Republic of Kazakhstan, the local representative and executive bodies, as well as diplomatic missions of Kazakhstan in accordance with the procedure established by the Government of the Republic of Kazakhstan.
      The Image of National Emblem of the Republic of Kazakhstan can take place on other material objects.
      3. The Image of National Emblem of the Republic of Kazakhstan regardless of its size should correspond to the state standard.
      In case of discrepancy of the State Emblem of the state standard, it should be replaced and destroyed in the manner determined by the Government of the Republic of Kazakhstan
      4. It is strictly forbidden to use the image of the National Emblem of the Republic of Kazakhstan on forms, seals and such other requisites of non-state organizations and their executives, except in cases established by this Constitutional Law.
      The image of the National Emblem of the Republic of Kazakhstan cannot be used as a heraldic emblem basis of public associations and other organizations.
      The image of the National Emblem of the Republic of Kazakhstan can be used on insignia and uniform prescribed for persons in the military or other government service or as part of the heraldic background of state awards of the Republic of Kazakhstan, as well as sportswear of athletes and other sports accessories.

Article 7. Simultaneous use of the National Emblem of the Republic of Kazakhstan and other National Emblems in the territory of the Republic of Kazakhstan

      The size of the State Emblem of the Republic of Kazakhstan shall not be smaller than the other with the simultaneous deployment of the National Emblem of the Republic of Kazakhstan and the emblems of foreign countries or emblems (the heraldic symbol) of a public association, other organization.
      In this case the State Emblem of the Republic of Kazakhstan is located not less than the other emblems (heraldic symbols).

Chapter 4. NATIONAL ANTHEM OF THE REPUBLIC OF KAZAKHSTAN

Article 8. The procedure for using the National Anthem of the Republic of Kazakhstan

      National Anthem of the Republic of Kazakhstan shall be performed in the following cases:
      1) when inauguration of President of the Republic of Kazakhstan - after taking the oath;
      2) by opening and closing of sessions of the Parliament of the Republic of Kazakhstan;
      3) by opening gala meetings or sessions dedicated to some national holiday of the Republic of Kazakhstan or red-letter days celebrated in the Republic of Kazakhstan;
      4) in telecasts of Kazak state-owned TV-and radio broadcasting - at midnight on New Year’s eve; in telecasts of Kazak state-owned TV stations - in the beginning of the program on the day of the national holiday of the Republic of Kazakhstan (October 25), on red-letter days, such as the 1st and the 2nd of January, the 8th of March, the 22nd of March, the 1st of May, the 9th of May, the 30th of August, the 16th of December; in broadcasts of Kazak state-owned radio stations - daily in the beginning and in the end of the Republican program;
      5) when inaugurating monuments, memorials, obelisks and such other structures in commemoration on momentous historic events highlighting the life of the Kazakhstani people;
      6) when raising the National Flag of the Republic of Kazakhstan during ceremonies, gala functions are staged by state bodies as well as by public associations and other entities of the Republic of Kazakhstan;
      7) when welcoming (resp. seeing off) heads of states, those of parliaments and governments of foreign states paying an official visit to the Republic of Kazakhstan - after performing the National Anthem of the respective foreign state;
      8) in higher, technical secondary educational establishments, in secondary schools - at ceremonies of opening of the new school year and terminating thereof as well as by other gala functions. However legal standard acts of the Republic of Kazakhstan may well make provision for other cases implying obligatory performance of the National Anthem of the Republic of Kazakhstan.
      9) in sporting events involving the National (team) Team of the Republic of Kazakhstan.

Article 9. The order of execution the National Anthem of the Republic of Kazakhstan

      1. If the National Anthem of the Republic of Kazakhstan is performed in public, the audience shall stand up to listen to the Anthem and make the right hand to his heart.
      In carrying out public bodies and other organizations of the Republic of Kazakhstan of activities in foreign countries, National Anthem is performed in accordance with the present Constitutional Law and the law practice and protocol of the receiving State, and local customs.
      Raising ceremony and installation of the National Flag of the Republic of Kazakhstan National Anthem is accompanied by the execution, with the present turn to right.
      2. National Anthem shall perform in orchestral, choral, orchestral, choral, or other vocal and instrumental performance. At the same tools can be used by the recording.
      An allowed abbreviated version of the National Anthem of the Republic of Kazakhstan.
      3. National Anthem shall be sung in the official language in strict accordance with the approved text and music publisher.
      4. Musical version and the text of the National Anthem of the Republic of Kazakhstan may not be used as a basis for other musical works and other works of art.

Chapter 5. The competence of authorities

Article 10. Competence Government of the Republic of Kazakhstan

      The competence of the Government includes:
      1) The organization of the manufacturing standards of the National Flag and National Emblem of the Republic of Kazakhstan, which is relevant to State Standards and their images is approved by the present Constitutional Act;
      2) adoption of the rules change and the destruction of the State Flag, State Emblem of the Republic of Kazakhstan, do not meet national standards;
      3) approval of the rules of allocation of the State Flag, State Emblem of the Republic of Kazakhstan and their images, as well as the National Anthem of the Republic of Kazakhstan;
      4) determination of the authorized State Symbols of the Republic of Kazakhstan.

Article 11. The competence of the competent authorities of State Symbols of the Republic of Kazakhstan

      1. The authorized agency for technical regulation and metrology
      1)shall develop and maintain national standards of the National Flag and National Emblem of the Republic of Kazakhstan;
      2)shall develop standards for the National Flag and National Emblem of the Republic of Kazakhstan;
      3) shall grant licenses for the production of the National Flag and National Emblem of the Republic of Kazakhstan;
      4) shall monitor compliance by the licensee conditions specified in the license in accordance with the Laws of the Republic of Kazakhstan.
      2. The authorized body on the use of State Symbols of the Republic of Kazakhstan:
      1) shall develop rules for the replacement and destruction of the State Flag, State Emblem of the Republic of Kazakhstan, do not meet national standards;
      2) shall develop rules for placement and use of National Flag, National Emblem of the Republic of Kazakhstan and their images, as well as the National Anthem of the Republic of Kazakhstan.

Article 12. The competence of the local executive body

      Local government agency shall monitor the use of (the establishment, placement) the State Symbols of the Republic of Kazakhstan in the territory of the administrative-territorial unit.

Chapter 6. FINAL PROVISIONS

Article 13. Promoting respect to the State Symbols of the Republic of Kazakhstan

      1. Citizens of the Republic of Kazakhstan, as well as persons in the territory of the Republic are obliged to respect the State Symbols of the Republic of Kazakhstan.
      2. In view of education in citizenship and patriotism, love for their motherland - the Republic of Kazakhstan, foster respect for State Symbols of the Republic of Kazakhstan, as well as an understanding of their nature and significance of their study is included in the basic education programs of educational institutions of general secondary and primary vocational, secondary and higher vocational education.
      National Flag, National Emblem, or their images and text of the National Anthem of the Republic of Kazakhstan in the official language are established in educational institutions, implementing educational programs of general secondary and primary vocational, secondary and higher vocational education on a permanent basis in a designated conspicuous place.

Article 14. Manufacture of National Flag, State Emblem of the Republic of Kazakhstan

      Manufacture of National Flag, National Emblem of the Republic of Kazakhstan is carried out with an appropriate license issued in accordance with the Laws of the Republic of Kazakhstan.

Article 15. Liability for breach legislation governing the use of State Symbols of the Republic of Kazakhstan

      Using the National Flag, National Emblem of the Republic of Kazakhstan and their images, as well as the performance of the National Anthem of the Republic of Kazakhstan and its use of text in violation of this Constitutional Law or the desecration of State Symbols of the Republic of Kazakhstan shall incur liability in accordance with the Laws of the Republic of Kazakhstan.

Article 16. The order of entry into force of this Constitutional Law

      1. This Constitutional Law shall come into force after ten calendar days from the date of its publication.
      2. To declare invalid the Constitutional Law of the Republic of Kazakhstan dated January 24, 1996 "On State Symbols of the Republic of Kazakhstan" (Official State Paper of the Parliament of the Republic of Kazakhstan, 1996, N 1, p. 178, 1997, N 12, p. 193; 2006, N 1, p. 1).

      President of
      the Republic of Kazakhstan