On the Assembly of People of the Kazakhstan

The Law of the Republic of Kazakhstan dated 20 December, 2008 No. 70-IV

      This Law determines the status, procedure of formation and organization of work of the Assembly of people of the Kazakhstan, directed to realization of the state national policy, ensuring of socio-political stability in the Republic of Kazakhstan and improvement of the effectiveness of interaction of the state and civil society institutions in the scope of inter-ethnic relations.

Chapter 1. GENERAL PROVISIONS

Article 1. Legal status of the Assembly of people
of the Kazakhstan

      1. The Assembly of people of the Kazakhstan (hereinafter – the Assembly) – an institution without establishing a legal entity, formed by the President of the Republic of Kazakhstan, contributing to development and implementation of the state national policy.
      2. The Assembly shall carry out its activity over the whole territory of the Republic of Kazakhstan.
      3. The Assembly of regions (cities of republican significance, the capital) – institutions without establishing a legal entity upon akims of regions (city of republican significance, the capital), an activity of which is coordinated by the Assembly.

Article 2. The legislation of the Republic of Kazakhstan
on the Assembly

      1. The legislation on the Assembly shall be based on the Constitution of the Republic of Kazakhstan, shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

Article 3. The purpose of the Assembly

      The purpose of the Assembly shall be ensuring of inter-ethnic consent in the Republic of Kazakhstan in the process of formation of Kazakh civil identity and competitive nation on the basis of patriotism of Kazakhstan, civil and spiritual and cultural community of people of the Kazakhstan upon consolidated role of Kazakh people.

Article 4. The basic tasks of the Assembly

      The basic tasks of the Assembly shall be:
      1) ensuring of effective interaction of the state bodies and institutes of civil society in the scope of inter-ethnic relations, creation of favorable conditions for the further strengthening of inter-ethnic consent and tolerance in the society;
      2) enhancing the unity of people, support and development of public consensus on the fundamental values of Kazakh society;
      3) rendering assistance to the state bodies in counteraction of development of extremism and radicalism in society and efforts, directed to impairment of the rights and freedoms of person and citizen;
      4) formation of political and legal culture of citizens, based on the democratic regulations;
      5) ensuring of integration of efforts of ethnocultural and other public associations for achievement of objectives and tasks of the Assembly;
      6) revival, preservation and development of national cultures, languages and traditions of people of the Kazakhstan.

Article 5. Principles of activity of the Assembly

      Principles of activity of the Assembly shall be:
      1) the priority of rights and freedoms of persona and citizen;
      2) the priority of interests of people and the state;
      3) equality of rights and freedoms of person and citizen independent of the race, nationality, language, attitude to religion, beliefs or any other circumstances;
      4) equality and personal responsibility of members of the Assembly for activity in its composition;
      5) publicity.

Article 6. Basic directions of activity of the Assembly

      The basic directions of activity of the Assembly shall be:
      1) assistance in development and implementation of the state national policy;
      2) assistance in formation of patriotism of Kazakhstan;
      3) development of the state language and other languages of people of the Kazakhstan;
      4) improvement of regional policy in the scope of inter-ethnic;
      5) participation in development and implementation of plans and measures in the field of demography and migration;
      6) promotion of Kazakhstan model of inter-ethnic and interreligious consent in the country and abroad;
      7) carrying out of educational and publishing activity, directed at achieving of inter-ethnic consent;
      8) carrying out of monitoring of the state of inter-ethnic relations, as well as in the field of use of the state language and other languages of people of the Kazakhstan;
      9) participation in socio-political expert examination of bills on issues of the state national policy;
      10) support of Kazakh diaspora in the foreign states on issues of preservation and development of native language, culture and national traditions, strengthening its connection with historical homeland;
      11) development of recommendations and implementation of practical measures on regulation of settlement of differences and disputes, preventing of conflicts in the scope of inter-ethnic relations and participation in their resolution;
      12) methodical, organizational and legal assistance to the ethno-cultural public associations;
      13) holding of seminars, conferences, carrying out of other measures, ensuring the dialogue of the state bodies and public associations on the issues of inter-ethnic relations;
      14) interaction with civic institutions and international organizations on issues of ensuring of inter-ethnic and interreligious consent;
      15) rendering assistance in development of connection of other ethnic groups of the Kazakhstan with their historic homeland;
      16) other activity, contributing to the inter-ethnic consent and not contradicting to the legislation of the Republic of Kazakhstan.

Article 7. The competence of the President of the Republic
of Kazakhstan in relation of the Assembly

      1. The President of the Republic of Kazakhstan shall:
      1) form and reorganize the Assembly;
      2) determine directions of activity of the Assembly;
      3) appoint and release from the post of leading civil servants of the Assembly;
      4) call a Session of the Assembly;
      5) carry out other activity in accordance with the Constitutions and the Laws of the Republic of Kazakhstan.
      2. The first President of the Republic of Kazakhstan - Leader of the Nation shall have a right to lead the Assembly of People of Kazakhstan for term of life.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 14.06.2010 No. 290-IV (the order of enforcement see Article 2).

Chapter 2. STRUCTURE AND REGULATORY BODIES OF THE ASSEMBLY

Article 8. Structure of the Assembly

      Structure of the Assembly shall constitute a Session of the Assembly, Council of the Assembly, Apparatus (Secretariat) of the Assembly, assembly of regions (city of republican significance, the capital).

Article 9. Session of the Assembly

      1. Session of the Assembly - a members’ meeting of the Assembly (hereinafter – Session) shall be the governing body of the Assembly.
      2. The Session shall be called by the President of the Republic of Kazakhstan as necessary, but at least once a year. Order on call of ordinary Session with the statement of the date, location and agenda of ordinary Session shall be applied not later than thirty days before the start, as reported in the official mass media.
      3. Ordinary Session may be called at the initiative of the Chairman of the Assembly, the Council of the Assembly or at the request of at least one third of the total number of members of the Assembly and shall be held within one month from the date of making decision on its holding.
      4. An exclusive right of Session shall be:
      1) election of the nine deputies of Mazhilis of the Parliament of the Republic of Kazakhstan;
      2) development of conceptual approaches in determining the development of the Assembly and introduction them to the President of the Republic of Kazakhstan;
      3) approval of a plan of work of the Assembly and priority measures on development of the Assembly;
      4) hearing the reports of members of the Assembly;
      5) consideration of appeals of citizens and public associations on issues of inter-ethnic and interreligious consent, having national importance.
      5. The Session shall be considered as eligible, if it is attended by not less than two-thirds of the total number of members of the Assembly.
      6. Decision of the Session shall be considered as adopted, if more than half of the present members of the Assembly are voted for it.
      Session shall determine the procedure and form of voting.
      7. Decision of the Session shall be approved by the Chairman of the Assembly. Recommendations and suggestions on the state national policy contained in the decisions of the Session and directed to the state bodies and civil servants shall subject to the compulsory consideration.
      The work of Session shall be governed by the regulation, approved by the decision of Session.
      8. Elections of the Assembly of nine deputies of Mazhilis of the Parliament of the Republic of Kazakhstan shall be regulated by the Constitutional Law of the Republic of Kazakhstan “On elections in the Republic of Kazakhstan”.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Council of the Assembly

      1. Between the sessions the Assembly management shall carry out the Council of the Assembly (hereinafter – Council), formed by the decision of the President of the Republic of Kazakhstan. The Composition of the Council shall be approved by the President of the Republic of Kazakhstan.
      2. The Council shall be collegial body, formed from the number of representatives of ethnocultural associations, managing director of assembly of regions (city of republican significance, the capital), state bodies, entering into the composition of the Assembly. Other members of the Assembly may be introduced into the composition of Council by the decision of the President of the Republic of Kazakhstan.
      3. The meetings of the Council shall be called by the Council Chairman or vice-chairman of the Assembly in coordination with the Council Chairman as necessary, but at least once every six months.
      4. The powers of Council shall include:
      1) nomination of candidate for deputies of Mazhilis of the Parliament of the Republic of Kazakhstan, elected by the Assembly;
      2) consideration of candidates for membership of the Assembly;
      3) making suggestion to the President of the Republic of Kazakhstan on calling and agenda of ordinary Session;
      4) making suggestions to the plan of work of Apparatus (Secretariat) of the Assembly;
      5) making other decisions, not relating to the exclusive competence of the Session.
      5. The Council shall be considered as eligible, if it is attended at least two thirds of its members.
      6. Decision of the Council shall be considered as adopted, if at least two thirds of the members, present at the meeting voted for it.

Article 11. Apparatus (Secretariat) of the Assembly

      1. Apparatus (Secretariat) of the Assembly shall be working body of the assembly, entering into composition of the Presidential Administration of the Republic of Kazakhstan, an activity of which is regulated by the legislation of the Republic of Kazakhstan.
      2. The Apparatus (secretariat) shall be hosted by the head of the Apparatus (Secretariat), who is also Vice-Chairman of the Assembly.
      3. Decision of session, Council and instructions of the Chairman of the Assembly shall be compulsory for execution for the Apparatus (Secretariat).
      4. The basic functions of the Apparatus (Secretariat) shall be:
      1) organization and ensuring of activity of the Assembly, as well as expert-analytical and information support of activity of the Assembly;
      2) holding of international, republican and regional research and practice conferences, other measures and events, contributing to the inter-ethnic consent in the country.
      3) interaction with the state bodies and organization, public associations and analogous structures of foreign countries, as well as international organizations, directed to ensuring of sustainable development of the Kazakhstan and implementation of tasks, imposed on the Assembly.

Article 12. Chairman of the assembly

      1. The Chairman of the Assembly shall head the Assembly, the Council of the Assembly and carry out general management of activity of the Assembly.
      2. Chairman of the Assembly shall:
      1) approve the program documents of the Assembly and give instructions on their implementation;
      2) speak on behalf of the Assembly with applications and statements in the mass media and international organizations.
      3. Chairman of the Assembly shall have a right to delegate the part of its powers to the Vice-Chairmen of the Assembly.

Article 13. Vice-Chairmen of the Assembly

      1. Vice-Chairmen of the Assembly shall be appointed by the President of the Republic of Kazakhstan.
      2. Vice-Chairmen of the Assembly shall:
      1) exercise powers, not included in the exclusive competence of the Chairman of the Assembly;
      2) represent the Assembly in the state bodies of the Republic of Kazakhstan and international organizations on the instruction of the Chairman of the Assembly;
      3) inform the Chairman of the Assembly on the state of affairs and progress of implementation of the program documents of the Assembly as necessary.

Article 14. Assembly of regions (city of republican
significance, the capital)

      1. Assembly of regions (city of republican significance, the capital) upon carrying out of its activity is accountable and responsible before the Assembly.
      2. Akims of regions (city of republican significance, the capital) shall be the chairmen of assembly of regions (city of republican significance, the capital) by virtue of position.
      3. Organization structure of assembly of region (city of republican significance, the capital) in recognition of necessity of representation in it of national, socio-cultural and public interests of regions shall be determined by the chairman of the assembly of region (city of republican significance, the capital) in recognition of Apparatus (Secretariat) of the Assembly.
      4. The highest governing body of the assembly of region (city of republican significance, the capital) shall be the session.
      5. The collegial body, carrying out the management between sessions shall be the council of assembly of region (city of republican significance, the capital), formed and headed by its chairman.
      6. The working body of assembly of region (city of republican significance, the capital) shall be the apparatus (secretariat), entering to the structure of apparatus of akim.
      The head of apparatus (secretariat) in its own status shall be the vice-chairman of the assembly of region (city of republican significance, the capital), and shall be appointed and released from office by the relevant akim.
      7. Assembly of regions (city of republican significance, the capital) shall:
      1) execute decisions of the Assembly and its Council, own decisions and instructions of the Chairman of the Assembly;
      2) develop proposals for the nomination of candidates for the deputies of Mazhilis of the Parliament of the Republic of Kazakhstan, elected by the Assembly, which is directed to the Council of the assembly;
      3) carry out collection and provision of information on the state and prospects of strengthening of inter-ethnic relations in the region to the Assembly on regular basis;
      4) interact with local state bodies, local government bodies, ethnocultural and other public associations, carrying out its activity in the scope of inter-ethnic relations.

Article 15. Membership in the Assembly

      1. Composition of the Assembly and assembly of regions (city of republican significance, the capital) shall be formed from the number of citizens of the Republic of Kazakhstan – representatives of ethnocultural and other public associations, representatives of the state bodies and other persons in recognition of their authority in the society.
      2. Candidates for members of the Assembly shall be nominated by:
      1) decision of sessions of assembly of regions (city of republican significance, the capital) on the basis of suggestions of ethnocultural and other public associations of regions;
      2) decision of superior bodies of republican, regional ethnocultural and other public associations.
      3. All candidates, recommended to the members of the Assembly shall be considered in the meeting of the Council of Assembly and represented as Vice-Chairmen of the Assembly for the approval to the President of the Republic of Kazakhstan.
      The President of the Republic of Kazakhstan shall have a right to reject the nominated candidates and enter other persons in the composition of the Assembly at its own convenience.
      4. Candidates for members of assembly of region (city of republican significance, the capital) from ethnocultural public associations shall be recommended by the decision of their highest governing bodies and introduced to the relevant apparatus (secretariat).
      5. All candidates for members of assembly of region (city of republican significance, the capital) shall be considered at the meeting of council, and later on the session of relevant assembly and shall be represented on approval of its chairman. Powers of member of relevant assembly may be terminated by the decision of chairmen of assembly of region (city of republican significance, the capital) in accordance with this Law.

Article 16. Powers of members of Assembly

      1. Members of Assembly shall carry out activity within the powers, determined by this Law.
      2. Upon carrying out of activity the members of Assembly shall have a right to:
      1) assist to development and implementation of the state national policy;
      2) participate in development of projects of regulatory legal acts, concerning the inter-ethnic relations, implementation of constitutional rights by the citizens for the use of native language and culture of free choice of language of communication, education, training and creativity, non-discrimination on racial, national or language grounds;
      3) participate in work of conferences, seminars, “round table” and other measures on issues of inter-ethnic relations;
      4) carry out other activity, directed to achievement of purposes and tasks of the Assembly in accordance with the legislation of the Republic of Kazakhstan.
      3. Upon carrying out of activity the members of Assembly shall be obliged to:
      1) contribute to strengthening of inter-ethnic consent, the status of the state language and the preservation of other languages of people of Kazakhstan;
      2) execute decisions of management bodies, instructions of the President of the Republic of Kazakhstan, Chairman and Vice-Chairmen of the Assembly on issues of activity of Assembly;
      3) participate in the work of sessions of Assembly, in discussion of issues, brought up in its meeting and making decisions;
      4) prevent actions or statements, directed to erosion of national security of the state, incitement of social, national, ethnic and religious discord, hatred and enmity;
      5) comply with the principles of activity of the Assembly and requirements of the legislation of the Republic of Kazakhstan.
      4. Members of the assembly of regions (city of republican significance, the capital) shall have the same powers and obligations, which are provided by this Article for the members of Assembly.

Article 17. Termination of powers of member of the Assembly

      1. Powers of member of the Assembly shall be terminated on the following grounds:
      1) on its own initiative of a member of the Assembly;
      2) in connection with the loss of citizenship of the Republic of Kazakhstan or departure for permanent residence outside the Kazakhstan;
      3) in connection with the change of place of work of the state servant, being a member of the Assembly and entering into the composition of the Assembly on current public position;
      4) in connection with the death of member of the Assembly;
      5) in connection with recognition of member of the Assembly as incapable, dead or missing on the decision, entered into legal force.
      2. The powers of member of the Assembly may be terminated by the decision of the President of the Republic of Kazakhstan in the case of:
      1) impossibility to continue activity as a member of the Assembly on the state of health;
      2) improper execution of obligations, established by this Law by the member of the assembly;
      3) commission of the offense, discrediting the title of member of the Assembly;
      4) entering of judgment of conviction for commission of a crime to the legal force in relation of the member of Assembly;
      5) other grounds.
      3. Powers of member of the assembly of region (city of republican significance, the capital) shall be terminated on the grounds, specified in paragraph 1 of this Article, as well as in the case of departure for permanent residence in another region (city of republican significance, the capital).
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 18. Termination of powers of the deputy of Mazhilis
of the Parliament, elected by the Assembly

      1. Powers of the deputy of Mazhilis of the Parliament, elected by the Assembly may be prematurely terminated by the decision of the assembly.
      2. Decision on recall of a deputy of Mazhilis of the Parliament of the Republic of Kazakhstan, elected by the Assembly shall be adopted in the Session of Assembly.
      3. Decision of the Assembly on termination of powers of a deputy of Mazhilis of the Parliament, elected by the Assembly shall be transferred to the Central election commission of the Republic of Kazakhstan not later than five days from the date of adoption.

Chapter 3. FINANCING OF ACTIVITY

Article 19. Sources of financing of activity of the
Assembly and assembly of regions (city of republican
significance, the capital)

      Measures, directed to ensuring of inter-ethnic consent in the Kazakhstan, organized by the Assembly, assembly of regions (city of republican significance, the capital), ethnocultural public associations, entering to the composition of the Assembly shall be financed in the manner, established by the legislation of the Republic of Kazakhstan.

Chapter 4. FINAL PROVISIONS

Article 20. The order of enforcement of this Law

      This Law shall be enforced from the date of its official publication.

      The President
      of the Republic of Kazakhstan              N.Nazarbayev