On the Parliament of the Republic of Kazakhstan and the status of its deputies

Constitutional Law of the Republic of Kazakhstan N 2529 dated October 16, 1995

Unofficial translation

      Footnote. In the name and the text words are replaced according to the Constitutional Law of the Republic of Kazakhstan N 377 dated May 6, 1999.

      This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan defines the organization and functioning of the Parliament of the Republic of Kazakhstan, the legal status of its deputies.

Chapter I General Provisions

Article 1. Status of the Parliament of the Republic

      The Parliament is the supreme representative body of the Republic performing legislative functions.

Article 2. The term of the Parliament of the Republic

      1. The term of office of members of the Senate is six years; the term of office of deputies of the Mazhilis - five years. The powers of the Parliament of the ordinary convocation start with the opening of its first session and end with the beginning of the first session of the next convocation. Thereby the order for the assembly of Parliament is determined by the order of the assembly of the Mazhilis. The term of Parliament is determined by the term of office of the deputies of the Mazhilis of the next convocation.
      2. The powers of Parliament and the Mazhilis Parliament may be prematurely terminated in accordance with the Constitution of the Republic of Kazakhstan.
      Footnote. Article 2 is amended by the Constitutional Law of the Republic of Kazakhstan N 377 dated May 6, 1999; Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 3. The legal basis of the Parliament of the Republic

      The organization and functioning of Parliament, the legal status of its deputies shall be determined by the Constitution of the Republic, the present Constitutional Law and other legislative acts of the Republic.

Article 4. The composition and structure of the Parliament of the Republic

      1. Parliament consists of two chambers: the Senate and the Mazhilis, acting on a permanent basis.
      2. The Senate is composed of deputies in accordance with the procedure established by constitutional law and comprises two people from each region, city of republican significance and the capital of the Republic of Kazakhstan. Half of the elected deputies of the Senate are elected every three years.
      3. Fifteen members of the Senate are appointed by the President of the Republic having regard to the need for representation in the Senate of national-cultural and other significant public interest.
      4. The Mazhilis consists of one hundred and seven members elected in the manner prescribed by constitutional law.
      Ninety eight deputies of the Mazhilis are elected from party lists of political parties under a single national constituency on the basis of universal, equal and direct suffrage by secret ballot. Nine of the Mazhilis deputies are elected by the Assembly of the people of Kazakhstan.
      5. A member of Parliament cannot be simultaneously a member of both Chambers.
      6. The procedure for electing deputies to the Senate and the Mazhilis is established by constitutional law.
      Footnote. Article 4 is amended by the Constitutional Law of the RK N 377 dated May 6, 1999; Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Chapter II The competence of the Parliament of the Republic and organizational forms of its implementation

Article 5. The competence of the Parliament of the Republic

      The competence of the Parliament in joint and separate sessions of the Senate and the Mazhilis, the exclusive competence of the Chambers are established by the Constitution of the Republic and implemented through sessions of the Parliament, the activity of the Chambers of Parliament, its organs and members.

Article 6. Sittings of the Parliament of the Republic

      1. A sitting of Parliament consists of joint and separate sittings of its Chambers.
      2. The first sitting of Parliament is convened by the President of the Republic no later than thirty days from the date of publication of the election results.
      3. At the first sitting of Parliament, until the election of the Chairmen of the Senate and the Mazhilis, the meetings of the Senate and the Mazhilis are chaired by the President of the Republic and the Chairman of the Central Election Commission.
      4. Regular sessions of the Parliament are held once a year, from the first working day of September until the last working day of June.
      5. The sitting of Parliament is opened and closed at joint sessions of the Senate and the Mazhilis. As a general rule, the sitting of Parliament is opened by the President of the Republic, and in his absence by the Chairman of the Mazhilis.
      6. Between sittings of Parliament the President of the Republic on his own initiative, upon the suggestion of the Chairmen of the Chambers or of no less than one-third of the total number of deputies of Parliament may convene an extraordinary sitting of Parliament. At this meeting only the issues that gave rise to it may be considered.
      Footnote. Article 6 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 7. A quorum for meetings of the Parliament of the Republic

      Joint and separate sittings of the Chambers are competent in the presence of at least two-thirds of the total number of deputies of each Chamber.

Article 8. Publicity of the sittings of the Parliament of the Republic

      1. Joint and separate sittings of the Chambers shall be public. In the events stipulated in regulations, sittings may be closed.
      2. The President, Prime Minister and Cabinet members, the Chairman of the National Bank, the Prosecutor General, the President of the National Security Committee, and Secretary of State and Head of the Presidential Administration have the right to attend any public and private meetings and have the right to be heard.
      3. Officials of state bodies and autonomous local governments, in respect of whom a decision of Parliament and its Chambers has been made that they have to be present at a session, must come to Parliament and give the necessary explanations concerning matters within their competence. The Parliament and the House shall not be entitled to make such decisions in respect of the President of the Republic.

Article 9. Presidents of the Chambers of the Parliament of the Republic

      1. Chambers are headed by Chairmen elected by the Senate and the Mazhilis from the deputies who are fluent in the official language, by secret ballot by a majority vote of all deputies of the Chambers.
      2. Candidates for the post of Chairman of the Senate are nominated by the President of the Republic. The introduction of a new candidate to replace a candidate rejected by the Senate is carried out by the President of the Republic.
      3. Candidates for the post of Chairman of the Mazhilis are nominated by deputies of the Chamber.
      4. Chairmen of the Chambers may be recalled from office, and also have the right to resign if voted for by a majority of the total number of deputies of the Chambers.
      5. Chairmen of the Chambers of Parliament:
      1) convene sessions of the Chambers and preside over them;
      2) exercise general supervision in preparation for the issues under consideration by the Chambers;
      3) ensure compliance with regulations in the activities of the Chambers;
      4) supervise the activities of the coordinating bodies of the Chambers;
      5) sign acts issued by the Chambers;
      6) nominate candidates for the Chamber in order to appoint two members of the Constitutional Council, two members of the Central Election Commission, three members of the Accounts Committee for Control over Execution of the Republican budget;
      7) perform other duties vested in them by the Parliamentary Rules.
      6. Chairmen of the Chambers have the casting vote in the event that the votes in the relevant Chamber are equally divided.
      7. Chairman of the Mazhilis:
      1) opens a sitting of Parliament;
      2) convenes regular joint sittings of the Chambers, presides at regular and extraordinary joint sittings of Chambers.
      8. Chairmen of the Senate and of the Mazhilis have two deputies, nominated by the Chairman of the relevant Chamber and elected by a majority vote of all members of the Chamber. Vice-Chairmen of the Chambers, upon authorization by the Chairmen, perform their own separate functions, as well as the functions of the Chairmen in their absence or in the event they are unable to carry out their duties. Vice-Chairmen of the Chambers may be recalled from the office on the suggestion of the Chairmen of the Chambers if it is decided by a majority of the total number of deputies of the relevant Chamber.
      9. Chairmen of the Chambers shall issue instructions on issues within their competence.
      Footnote. Article 9 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 10. Coordinating bodies of Parliament of the Republic

      1. The coordinating bodies of Parliament are the offices of the Senate and the Mazhilis, established by the Chairmen of the Chambers.
      2. The offices of the Chambers include the Vice-Chairmen of the Chambers, the Chairmen of the standing committees of the Chambers. The office of the Mazhilis also contains leaders of the political fractions represented in the Mazhilis.
      3. The offices of the Chambers:
      1) coordinate the tasks of the committees and commissions of the Chambers;
      2) prepare proposals to be put before the Chambers of draft legislation and other resolutions for Parliament and its Chambers;
      3) assist in the organisation of cooperation between committees on issues which fall within the competence of some of the committees;
      4) resolve further issues concerning the management of the activities of the Chambers not attributed by this Constitutional Law to the competence of other bodies or officials of Parliament.
      4. The sittings of the offices of Chambers are called by the Chairmen of the Chambers when the need arises and the quorum is no less than two thirds of the total number of its members.
      Footnote. Article 10 as amended by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 266 (the procedure of entry into force see Article 2)

Article 11. Operational bodies of the Parliament of the Republic

      1. The operational bodies of Parliament are the standing committees of the Senate and Mazhilis and the joint commissions of the Chambers.
      2. The standing committees of the Chambers are formed for the purpose of undertaking lawful activities, considering preliminary issues concerning the running of the Chambers. Upon the formation of the standing committees the Chambers decide on their specification and number of members before electing the members of the standing committees. The number of standing committees formed by the Senate and the Mazhilis shall not exceed seven for each Chamber.
      3. In order to resolve issues concerning the joint activities of the Chambers, the Senate and the Mazhilis have a right to form joint commissions on the basis of parity, the number and membership of which is determined by agreement between the Chambers. Elections for members of these commissions are held separately in each Chamber.
      4. In order to facilitate the performance of their duties by Parliament and its Chambers in accordance with items 1 and 2 of Article 47, items 5 and 6 of Article 57 of the Constitution, the Chambers of Parliament can form special temporary commissions.
      5. The quorum for sittings of the committees and commissions is no less than two thirds of the total number of its members.
      6. Standing committees and commissions issues orders on issues within their competence.
      7. The authority of and procedure for the activities the standing committees and commissions are set by law.
      Footnote. Article 11 as amended by the Constitutional Law of the Republic of Kazakhstan dated December 11, 2006 N 200 (shall be enforced on the date of its official publication).

Article 11-1. Advisory and consultative bodies of Parliament of the Republic

      1. To enable the Parliament of the Republic and its Chambers to make proposals on matters within the competence of the Parliament and its Chambers, consultative and advisory bodies may be set up whose decisions are advisory in nature.
      2. The order of formation of consultative and advisory bodies is determined by procedural orders of Parliament and its Chambers.
      3. The operating bodies of the consultative and advisory bodies of the Parliament of the Republic and its Chambers are the instruments of the Chambers of Parliament.
      Footnote. The Law is supplemented by Article 11-1 in accordance with the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 12. Parliamentary Hearings

      1. Chambers of Parliament hold parliamentary hearings on matters within their competence.
      2. Parliamentary hearings are conducted by the decision of the Bureaus of the Chambers, by the standing committees of the Chambers and may be held in open or closed format.
      3. Parliamentary hearings are not conducted on the same days as joint or separate plenary sessions of the Chambers.

Article 13. Acts of Parliament of the Republic of Kazakhstan

      1. Parliament adopts legislative acts binding on the entire territory of the Republic in the form of laws, including constitutional laws, of the Republic of Kazakhstan. The Senate and the Mazhilis make orders on matters within their competence.
      2. Parliament and its Chamber may on matters within their competence make addresses, declarations petitions and other acts not of legislative nature. Their enforcement is carried out in accordance with the conditions and requirements established by regulations of Parliament and its Chambers.
      3. When Parliament makes legislative and other acts in a joint sitting of the Senate and the Mazhilis, votes are cast separately within each Chambers.
      4. Laws of the Republic, decisions of Parliament and its Chambers must not contradict the Constitution of the Republic. Resolutions of Parliament and its Chambers must not contradict the law.
      5. The order of development, presentation, discussion, enactment and promulgation of legislative and other normative legal acts of the Republic is regulated by special laws and regulations of Parliament and its Chambers.
      Footnote. Article 13 amended by the Constitutional Law of the RK N 377 dated May 6, 1999; N 200 dated December 11, 2006 (shall be enforced on the date of its official publication)

Article 14. Regulation of the Parliament of the Republic and its Chambers

      1. Rules of Procedure of Parliament, regulations for its Chambers establish:
      1) The conditions of and procedures for carrying out of joint and separate sessions of the Senate and the Mazhilis;
      2) The procedure for the formation of working bodies of Parliament and its Chambers;
      3) The organization of Parliament and its Chambers, and their working bodies;
      4) The conditions of and procedures for carrying out their duties by deputies and officials of Parliament.
      The Regulations for the Mazhilis, with the exception of the regulations provided in this paragraph, determine the specification of its organization and the procedure for operation of political party factions.
      2. Rules of Procedure of Parliament, regulations of the Senate and the Mazhilis are confirmed in accordance with the decisions of Parliament, the provisions of its Chambers.
      3. Any meeting of deputies of Parliament with a view to the implementation of its constitutional powers which is carried out without compliance with the established regulations and procedures is unlawful. Acts adopted in such a meeting, are invalid.
      Footnote. Article 14 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Chapter III The legislative process in the Parliament of the Republic

Article 15. Legislative Initiative

      1. Legislative initiative is the official introduction of the subject of legislative initiative of the draft law or other legislative act of Parliament, a mandatory consideration by Parliament.
      2. The right of legislative initiative is implemented exclusively in the Mazhilis and belongs to:
      1) The President of the Republic who submits the decision to make draft legislation to the Mazhilis in form of a special message;
      1-1), the members of Parliament who finalize the decision to submit draft legislation to the Mazhilis in the appropriate format;
      2) The Government of the Republic, which makes a decision on the draft legislation in the Mazhilis by publishing the relevant resolution of the Government.
      3. Draft legislation submitted by the President of the Republic, by the deputies and the Government, by way of a resolution of the Mazhilis is sent for review to the appropriate standing committees of the Mazhilis, and may be considered in a plenary session only upon a conclusion on the legislation having been reached by the standing committees of the Mazhilis.
      4. Draft legislation envisioning reduction of state revenues or increase of state expenditures may be made only with the approval of the Government of the Republic. For draft legislation introduced to the Mazhilis of Parliament as a legislative initiative of the President of the Republic, the existence of such approval is not required.
      5. Other issues concerning the exercise of the right of legislative initiative are addressed in the rules of the Mazhilis.
      Footnote. Article 15 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 16. The competence of Parliament to legislate

      1. Parliament has the right to issue laws that regulate the most important public relations, establish fundamental principles and rules relating to:
      1) the capacity of individuals and legal entities, civil freedoms and rights, obligations and responsibilities of individuals and entities;
      2) The conditions of ownership and other rights;
      3) The foundations of the organization and activities of state bodies and local governments, public and military service;
      4) taxation, establishment fees and other obligatory payments;
      5) the republican budget;
      6) issues the judicial system and legal proceedings;
      7) Education, Health and Welfare;
      8) privatization of enterprises and their assets;
      9) environmental protection;
      10) administrative-territorial structure of the Republic;
      11) ensuring defense and security.
      2. All other relations are governed by regulations.

Article 17. Sequencing and timing consideration of draft Legislation Parliament of the Republic

      1. Priority consideration of draft laws and other acts of Parliament is determined by the Parliament, its Chambers, as well as in the cases established by the Constitution, the President of the Republic.
      2. President of the Parliament a special message entitled:
      1) to determine priority consideration of draft laws;
      2) declare the draft of law urgent signifying that Parliament must consider this draft within a month from the date of its submission. If the Parliament does not meet this requirement, the President of the Republic has the right to issue a decree having the force of law, which is in effect until Parliament adopts a new law as established by the Constitution and the law.

Article 18. Adoption Laws

      1. The bill, considered and approved by a majority vote of all deputies of the Mazhilis shall be submitted to the Senate, which considers it for a period of no more than sixty days after receipt by the Senate of the draft. Once adopted by a majority vote of all deputies of the Senate, it becomes law and the draft is submitted to the President for his signature. If rejected as a whole by a majority vote of all deputies of the Senate, the draft is returned to the Mazhilis. If the Mazhilis by a majority of two thirds of the total number of deputies approves the draft once again, it is transmitted to the Senate for a second discussion and vote. A twice-rejected by the Senate bill cannot be submitted again during the same sitting.
      2. Any amendments or supplements to a bill inserted by a majority vote of all deputies of the Senate are sent to the Mazhilis. If the Mazhilis by a majority vote of all members agrees with the proposed amendments, the law is deemed passed. If the Mazhilis by the same majority opposes the proposed amendments and additions to the bill, the differences between the Chambers shall be resolved by conciliation.
      2-1. Draft constitutional law, reviewed and approved by at least two-thirds of the total number of deputies of the Mazhilis is submitted to the Senate, and dealt with within no more than sixty days. A bill adopted by at least of two-thirds vote of all deputies of the Senate becomes constitutional law and within ten days is submitted to the President of the Republic for his signature. A rejection of the entire draft Constitutional Law is done by the majority of the total number of deputies of the Senate or the Mazhilis Chambers. The rejected draft constitutional law is returned to the initiator.
      Amendments and additions to the draft constitutional law made by a majority vote of at least two-thirds of the members of the Senate to are sent to the Mazhilis. If the Mazhilis by a majority of at least two-thirds of its total members agrees with the proposed amendments and additions, the law is passed.
      If the Mazhilis by a vote on the proposed amendments and additions does not agree with them by a majority of at least two-thirds, the disagreement between the Chambers shall be resolved by conciliation.
      3. In case of rejection of the draft law submitted by the Government, the Prime Minister has the right in a joint session of Chambers of Parliament to raise the question of confidence in the Government. The vote on the matter shall be held not earlier than forty-eight hours from the time the question of confidence is raised. If the motion of censure does not obtain the majority vote of the members of each chamber, the bill is considered adopted without a vote. However, the Government may not use this right more than once a year.
      Footnote. Article 18 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 19. Presentation of the laws of the Republic to the President of the Republic

      1. Laws of the Republic shall enter into force upon signature by the President of the Republic.
      2. Laws adopted by Parliament, initially affixed with the signature of the Chairman of each of the Chamber of Parliament, and if a bill was introduced by the Government signed by the Prime Minister, are presented for signature to the President of the Republic within ten days from the date of their adoption, and the President within one month either signs the law and makes it public, or returns the law or any of its separate articles to Parliament for a second discussion and vote.
      3. Any bill not returned within the time period specified in item 2 of this Article is deemed to be signed.
      4. If a sitting of Parliament closes before the expiry of the period within which the law can be returned by the President, the President must return the law on the first day of regular sitting of Parliament.
      Footnote. Article 19 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 20. Consideration by the Parliament of the Republic objections of the President of the Republic

      1. The repeat discussion and voting on laws or articles of the law to which the President of the Republic objected shall be held within one month from the date of the objection. Failure to comply with this deadline constitutes acceptance of the President's objections.
      2. A bill or its articles returned with the objections of the President are submitted, after a conclusion by the relevant standing committee of the Mazhilis, to a plenary session in the Mazhilis for adoption by the Chamber.
      If the Mazhilis by its vote does not confirm the decision previously adopted on the law by Parliament, all further considerations of the objections of the President of the Chambers of Parliament will cease and the law is considered not adopted or adopted with the wording proposed by the President.
      If the Mazhilis by a two-thirds majority vote of all members of the House affirms its earlier decision on the law, the law is passed with the objections of the President for further consideration to the Senate.
      After a conclusion by the relevant standing committee of the Senate on the law or its articles with the objections of the Head of State, the law is submitted to a plenary session of the Senate. If the Senate by a vote does not confirm the decision taken earlier by Parliament on the law, the law is considered not adopted or adopted with the wording proposed by the President.
      If the Senate by a two-thirds majority of all members of the Chamber affirms its earlier decision on the law, the President's objections to the law will be deemed to have been resolved. In this case, the law or its respective articles will be adopted in the way they were first passed by Parliament, and the President must sign this Act within one month from the date of its submission for signature.
      3. In the course of the consideration by the Mazhilis of the objections, the President has the right to modify the wording of the entire law or its individual articles taking into account suggestions by deputies.
      4. During the repeated discussion and voting on the law or its separate articles in the meetings of the Chambers of Parliament the voting takes place either on the entire law if the President's objections were the law in general, or on its articles which gave rise to the objections of the President of the Republic.
      5. If the objections of the President of the Republic were made to the constitutional laws enacted by Parliament, the objections will be considered in the manner for consideration of objections prescribed by law. Thereby the President's objections to the constitutional laws can be overcome by a majority vote of at least three-fourths of the total number of members of each chamber of Parliament.
      Footnote. Article 20 in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Chapter IV Implementation of the Chambers of Parliament the authority to giving consent to the appointment of the President on the office, election, appointment and dismissal of the officials of the Republic

Article 21. Officers appointed to the position by President with the consent of the Chambers of Parliament, elected, appointed and dismissed by the Chambers of Parliament

      The list of officials of the Republic, appointed by the President of the Republic with the consent of the Houses of Parliament, elected, appointed and dismissed by the Chambers of Parliament, is determined by the Constitution of the Republic.

Article 22. The order of the President of the Trial Chamber of the Parliament Republic of consent to the appointment, election to the office and dismissal of Officials of the Republic

      1. The President of the Republic must make written representations to the relevant Chambers of Parliament in order to obtain the consent of the Mazhilis of Parliament for appointment of the Prime Minister, and the consent of the Senate for the appointment of the Chairman of the National Bank, the Prosecutor-General and the President of the National Security Committee, for election to and dismissal from office of the Chairman of the Senate and judges of the Supreme Court of the Republic, on the basis of which the decision is made whether or not include the relevant item on the agenda of the next meeting of the relevant Chamber of Parliament.
      2. The consent of the Mazhilis of Parliament to the appointment of the Prime Minister is given at a meeting of the Chamber.
      The consent of the Chambers of Parliament to the appointment by the President of the Republic of specified officials has a preliminary or subsequent character and is given at a meeting of the Chamber.
      3. Nominations for election by the Senate of candidates for office or dismissal from office of Chairman and judges of the Supreme Court are discussed at a meeting of the appropriate committee of the Senate determined by a decision of the Office of the Senate prior to being discussed at a sitting of the Chamber. Following consideration of nominations, the committee makes a decision on each of the candidates discussed, which is announced at a meeting of the House.
      4. When considering whether to consent to the appointment, the election and dismissal from office the President of the Republic or his authorized official presents the nominations at a meeting of the Chamber.
      5. At a meeting of the relevant Chamber there may be:
      1) questions posed to the candidate and the person representing the candidate;
      2) opinions expressed by members "for" or "against" the proposed candidates.
      6. The debate on the proposed candidate may not be opened if it is not insisted upon by deputies.
      7. If the relevant Chamber of the Parliament has not came to a positive decision on the President's proposed candidates for appointment to office, for election to office, the President may make written representations to the relevant Chamber in favor of the same persons, or for new candidates.
      8. If the Senate has not came to decision to release the President and judges of the Supreme Court from office, the President shall have the right to re-submit to the Senate this issue.

Article 23. Adoption of the Chambers of Parliament’s decisions on submitted Nominations

      1. The Mazhilis and the Senate of Parliament decide to consent to the appointment, the election and dismissal from office by a majority vote of all deputies of the Chamber of Parliament.
      2. Decisions are made separately for each candidate by open vote, unless the relevant Chamber determines other voting procedures.
      3. Decisions are made by resolutions of the relevant Chamber separately for each candidate.
      4. In case of rejection of nominations proposed by President to the appointment, the election and dismissal from office, the decision of the Chamber shall contain a detailed rationale for the deviation.

Article 23-1. The order of appointment of the official bodies of the Republic by the Chambers of Parliament

      1. Each Chamber of Parliament on its own without the participation of the other Chamber appoints two members of the Constitutional Council; appoints for a five-year period two members for posts in the Central Election Commission, three members for posts in the Audit Committee for Control over Execution of the Republican Budget.
      2. Appointment of persons referred to in paragraph 1 of this Article shall be provided at the meeting of the Chamber. The proposed candidates for appointment by the Chamber to the posts specified in paragraph 1 of this Article are discussed at a meeting of the committee of the Chamber determined the decision of the Bureau of the Chamber before a consideration at a meeting of the Chamber. Following consideration of nominations by the committee, a decision is made on each candidate under discussion and is announced at a meeting of the Chamber.
      3. When considering the appointment at a meeting of the Chamber the Chairman of the relevant Chamber presents the nominations.
      4. At a meeting of the Chamber there may be:
      1) questions posed to the candidate and the person representing the candidate;
      2) opinions expressed by members "for" or "against" the proposed candidates.
      5. The debate on the proposed candidate may not be opened, if it is not insisted upon by the deputies.
      6. If the relevant Chamber of Parliament did not approve of the proposed candidates for appointment, the Chairman may present to the appropriate Chamber written submissions for the same persons, or for new candidates.
      7. The Mazhilis and the Senate of Parliament take a decision on the appointment of the persons referred to in paragraph 1 of this article, by a majority vote of all deputies of the Chamber of Parliament.
      8. Decisions are made separately for each candidate by open vote, unless the relevant Chamber determines another voting procedure.
      9. Decisions are made by resolutions of the relevant Chamber separately on each candidate.
      10. In case of rejection of nominations, submitted by the Chairman of the Chamber for appointment, the decision of the Chamber shall contain a detailed rationale for the deviation.
      Footnote. Chapter IV in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the order of entry into force see Article 2)

Chapter V Status of Deputies of the Parliament of the Republic

Article 24. Deputy of the Parliament of the Republic

      1. The Powers of a Deputy of Parliament begins from the moment of his registration as a Deputy of Parliament by the Central Election Commission of the Republic. At the first session of Parliament at a joint meeting of its Chamber Deputies swear to the people of Kazakhstan the following oath: "I swear to faithfully serve the people of Kazakhstan, to strengthen the integrity and independence of the Republic of Kazakhstan, strictly abide by its Constitution and laws and conscientiously fulfill my high duties of the deputy." Taking oath is carried out by the President and conducted in a solemn ceremony in the presence of members of the Government, the Constitutional Council, Supreme Court justices and former presidents of the Republic.
      2. A deputy of Parliament may not be the deputy of another representative body, hold other paid offices except teaching, research and creative activities, engage in any entrepreneurial activities or join a governing body or supervisory board of a commercial organization. Violation of this rule shall result in termination of the powers of the deputy upon a proposal to the Central Election Commission of the Republic.
      3. The powers of the deputies of Parliament shall be terminated in the event of resignation, his death, and the recognition by a valid court order of a deputy to be legally incompetent, dead or missing, and in other cases stipulated by the Constitution and this Constitutional Law.
      4. The powers of the deputies of the Mazhilis elected by the Assembly of People of Kazakhstan may be terminated by its decision.
      5. The powers of appointed members of the Senate may be terminated by the President of the Republic.
      The powers of the deputies of the Senate, elected at a joint session by electors consisting of deputies representing all Maslikhats of regions, cities and the capital of the Republic, may be terminated by a decision of the electors.
      6. A deputy of the Parliament is deprived of his mandate at:
      1) his departure for permanent residence outside the Republic of Kazakhstan;
      2) the entry into force in respect of him a conviction by a court;
      3) loss of citizenship of the Republic of Kazakhstan.
      7. A deputy of the Mazhilis of Parliament shall be deprived of his mandate at:
      1) his withdrawal or expulsion from a political party, from which, in accordance with constitutional law, he was elected;
      2) termination of a political party, from which, in accordance with constitutional law, he was elected.
      8. Upon termination of powers of a deputy of Parliament on the grounds specified in paragraphs 3 and 6 of this Article, the Central Election Commission adopts a resolution outlining the grounds for termination of powers of a deputy of Parliament, and makes a decision to present an amendment to the relevant Chamber of Parliament to reflect the early termination of powers of a deputy of Parliament.
      On the basis of representations by the Central Election Commission, the Chamber of Parliament shall terminate the powers of the relevant Deputy of Parliament.
      9. Upon termination of powers of a deputy of the Parliament on the grounds provided in paragraphs 4, 5 and 7 of this Article, the Central Election Commission adopts a resolution outlining the fact of loss by the relevant person of his full power as deputy of Parliament.
      10. The powers of the deputies of Parliament and the Mazhilis shall be terminated in the event of dissolution of Parliament or the Mazhilis of Parliament respectively.
      Footnote. Article 24 amended by the Constitutional Law of the RK 1999 N 377 dated May 6, 1999. Article 24 in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 25. The powers of a deputy of the Parliament of the Republic

      1. The deputy shall enjoy the right to vote on all matters considered at the sessions of Parliament and meetings of its bodies, to which it belongs.
      2. A deputy of Parliament is entitled to:
      1) elect in and be elected to coordinating and operating bodies of Parliament and its Chambers;
      2) make suggestions and comments on the agenda of the session, the order of consideration and the merits of the issues;
      3) to express its opinion on nominations of officers who are elected or appointed by the Chambers of Parliament or give consent to the appointment which is given by the Chambers of Parliament;
      4) to submit to the Bureau of Chambers proposals on issues proposed for consideration at the joint and separate meetings of the Chambers of Parliament, and in case of rejection of his proposals - to bring them to the plenary sessions of the Chambers;
      5) to propose matters for consideration at meetings of Parliament and its Chambers;
      6) submit proposals to be heard at a session of Parliament regarding reports or information by the officials accountable to the Chambers of Parliament;
      7) in the manner prescribed by law to deal with parliamentary inquiries;
      8) participate in the debate, to ask speakers as well as the chairmen presiding over the meeting questions;
      9) substantiate and offer explanation in respect of a vote, to give help;
      10) make amendments to the draft laws, decrees and other acts adopted by Parliament;
      11) acquaint members of Parliament with citizens of social significance;
      12) familiarize themselves with the texts of speeches of the deputies in the transcripts and minutes of meetings of Parliament;
      13) exercise other powers in accordance with the present Constitutional Law, the regulations of Parliament and its Chambers.
      Footnote. Article 25 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 26. Participation of the Deputy in the sessions of Parliament, meetings of its Chambers

      1. The Deputy is obliged to participate in the work of Parliament and its bodies to which he was elected. Voting in Parliament should be carried out by Deputy himself.
      2. The Chairman of the House or the head of the respective body, of which the deputy is a member, must inform the deputy of the time and place of a sessions, meetings of the body, as well as of the issues submitted for review and must provide him with the necessary materials on these issues in the timeframe specified by the regulations.
      3. If the deputy is unable to attend the meeting he shall inform the Chairman of the Chamber or agreeably the head of the Parliament body or its chamber in advance.
      4. Absence of a deputy without good cause at the meetings of the Chambers and their bodies more than three times as well as the transfer of voting rights entails the application to the deputy of penalties established by these Constitutional Law.
      5. A deputy who is a part of the Bureau of Chambers and their standing committees and commissions of Parliament and its Chambers is entitled to make any questions and suggestions for their consideration, to participate in the preparation of issues for consideration in the discussion and adopt decisions concerning them, as well as in the organization of the realization of the taken decisions, in overseeing their implementation.
      6. A deputy who does not agree with the decision of the Parliamentary body, of which he is a member, has the right to present his views at a session of Parliament or to report it in writing to the chair.
      7. A deputy who is not part of the Bureau of Chambers, or their respective standing committees, committees of Parliament and its Chambers may participate in the meetings of these bodies, to submit proposals, to participate in the discussion of the issues and decisions in an advisory capacity. In case of disagreement with the decision of the Bureau of Chambers, the standing committee or commission deputy may bring forward his own proposals as amendments to the legislation, the draft resolution. Amendments made by the deputy will be considered at a session of Parliament and a vote cast on them.

Article 27. Inquiries and questions of deputy

      1. A deputy’s inquiry is considered to be an official address by the deputy to the officials of state agencies demanding them to provide at the joint or separate sessions of the Chambers of Parliament a reasonable explanation or to state a position on matters within the competence of this body or official.
      2. A deputy of Parliament has the right to address his request to the Prime Minister and Government members, the Chairman of the National Bank, the Chairman and members of the Central Election Commission, the Prosecutor General, the Chairman of the National Security Committee of Kazakhstan, the Chairman and members of the Audit Committee for Control over Execution of Republican Budget. However, an inquiry to the Prosecutor General cannot address issues relating to criminal prosecution. Considerations of requests addressed to the Chairman of the National Security Committee are held at closed sessions of the Chambers.
      3. The request may be submitted in writing and shall be subject to disclosure at the session of Parliament.
      4. The officials to whom a request is addressed must provide to it a verbal or written response at the session of Parliament. A written response to a request submitted in a period of not more than a month shall be delivered at the session. In response to a request a debate may be opened. The deputy shall have the right to express his attitude to the response to the request.
      5. According to the response to the request and the results of the discussion a resolution is adopted by Parliament or the relevant Chamber. The request and the answer may be published in media.
      6. The deputies have the right to address oral questions to the Prime Minister and members of the Government, the Chairman of the National Bank, the Chairman and members of the Central Election Commission, the Prosecutor General, the Chairman of the National Security Committee of Kazakhstan, the Chairman and members of the Accounts Committee for Control over Execution the national budget at the joint and separate sessions of the Chambers. The answer to the question is given at this meeting, and if additional preparation is necessary the answer will be given within three days.

Article 28. The right of a deputy to be immediate received by officials

      1. On matters relating to the deputy’s activities, a deputy enjoys the right of free access to public bodies, public associations, governmental organizations, as well as the right to be received without delay by the heads of these organizations and other officials.
      2. The procedure for a deputy visiting organizations whose activities are related to state secrets is established by law.

Article 29. Information support of deputy activities

      1. The Bureau of Chambers provide a deputy with documents adopted by Parliament, as well as officially distributed information and reference materials of Parliament and its bodies, other state bodies and public associations.
      2. State bodies and organizations, their officials give a deputy advice on issues arising in the course of his parliamentary activity.

Article 30. Material, financial and welfare maintenance of the deputies

      1. Salaries of Deputies of Parliament are established by the President of the Republic in the manner prescribed by subparagraph 9) of Article 44 of the Constitution of the Republic.
      2. Deputies who live outside the capital of the Republic, for their term of office are provided with free use of public housing and to the standards laid down by law, with well-appointed and furnished accommodation.
      3. In order for the deputy to maintain a relationship with his voters, to systematically inform them about the activities of Parliament, the execution of orders of Parliament, its Chambers and their bodies, each deputy is entitled to:
      1) obtain an emergency travel documents;
      2) take business trips to the electoral districts. At the same travel expenses will be reimbursed from the funds allocated in the manner prescribed by subparagraph 9) of Article 44 of the Constitution of the Republic.
      4. In the event a deputy is sent to fulfill orders of Parliament, it’s Chambers and their bodies his travel expenses at rates established by legislation should be covered.
      5. Car transportation for deputies within the capital of the Republic of Kazakhstan, their medical and spa treatments are provided in a manner established by the President of the Republic.
      5-1. Deputies of Parliament at the end of their term, as well as in the event of resignation or dissolution of Parliament or the Mazhilis of Parliament, and until his employment elsewhere or retirement shall be paid a monthly allowance equal to his average monthly salary, but no more than three months after the termination of office or of acceptance of their resignation.
      Footnote. Article 30 amended by the Constitutional law of the RK N 91 dated April 11, 1997, N 348 dated March 12, 1999; N 377 dated May 6, 1999; Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 31. Guarantees of a deputy's power

      1. Undue influence of any form on the deputy or his close relatives in order to prevent him from exercising his parliamentary duties is punishable under the laws of the Republic of Kazakhstan.
      2. Officials of state bodies and public associations, local authorities, organizations who do not fulfill their duties to a deputy, provide him with false information in violation of guarantees of parliamentary activity will liable under the laws of the Republic of Kazakhstan.
      Footnote. Article 31 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 32. Privilege of Parliament

      1. A deputy of Parliament during their term of office may not be arrested, be subject to measures of administrative punishment imposed by a court of law, be subject to criminal liability without the consent of the relevant Chamber, except if he is arrested at the scene of the crime or has committed grave crimes.
      2. In order to obtain approval for a deputy to be subject to criminal proceedings, arrested or for administrative penalties to be imposed by the courts, the Prosecutor General must make a presentation to the Senate or the Mazhilis, which is sent to the Chambers of the Central Election Commission to prepare it for consideration at a meeting of the Chamber. The presentation must be before charges are brought against the deputy, a warrant for his arrest is issued or the case in relation to administrative wrongdoing is brought to court. The submissions by the Prosecutor General and the conclusion of the Central Election Commission should be considered no later than two weeks from the date of their receipt, and the Chamber may ask the appropriate officials for additional information. The Chamber takes a reasoned decision within three days and sends it to the Prosecutor General and the head of the state body carrying out the inquiry and preliminary investigation. The deputy has the right to participate in considerations by the Chamber of the question of his integrity.
      3. The criminal case against a deputy may be initiated only by the head of the state body carrying out the inquiry and preliminary investigation and at the conclusion of the inquiry shall be passed to the Prosecutor General for supervision.
      4. The Central Election Commission can request from the appropriate court deciding the case the results of the proceedings and in case of a conviction, makes submissions to the relevant Chamber for deprivation of his mandate.

Article 33. Penalties that may applied to the deputy

      1. In case of absence of a deputy without good cause from meetings of the Chambers and their bodies more than three times he will not be paid wages for the days of his absence. In case of absence of a deputy without good cause from meetings of the Chambers and their bodies for a period of more than one month, he will lose all material, financial and social support provided in paragraphs 1, 3, 4 and 5 of Article 30 hereof. This decision, in the absence of deputy at a meeting of the Chamber or at the joint session of Chambers, should be made by the Chairman of the Chamber and in the absence of a meeting of the Chamber, by the Bureau of the Chamber.
      2. When a deputy transfers his vote the Office of the Chamber may make a decision to refuse to pay his wages for the day on which the transfer took place, and in the event of a repeat transfer, payment of his monthly salary.
      3. In case of violation of the rules of parliamentary ethics and regulations established by Parliament and its Chambers, the Chairman of the Chamber relating to the deputy, can apply to the following penalties:
      1) parliamentary censure;
      2) compulsion to a public apology;
      3) loss of the right to express his views during joint or separate sessions of the Chambers;
      4) loss of the right to express his views during three joint or separate meetings of the Chambers;
      5) removal from the room during a joint or separate session of the Chambers;
      6) The removal from the room during three joint or separate meetings of the Chambers;
      7) one-day loss of wages.
      4. Questions concerning the application of these measures to the deputies are prepared by the Central Election Commission of the Republic of Kazakhstan. Monitoring deputies’ attendance at meetings of the Chambers and their bodies, as well as the unlawfulness for a deputy to transfer his vote is undertaken by members of the Central Election Commission.
      5. The issue of applying penalties provided for in this article to deputies of the Mazhilis may be initiated by the fractions of political parties to whom the deputies represented in the Mazhilis belong.
      Footnote. Article 33 as amended by the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 34. Deputy Associations in Parliament of the Republic

      1. Deputies of Parliament have a right to form parliamentary associations in the form of political party factions and deputy groups.
      2. A fraction of a political party is an organized group of deputies representing political parties registered in the manner prescribed by law, which is formed in the Mazhilis of Parliament with the purpose of expressing the interests of the respective political party. The minimum number of factions of political parties is regulated by the Mazhilis of Parliament. The composition of the faction of a political party can include deputies of the Mazhilis of Parliament. The deputy has the right to only be in one faction of a political party.
      3. A parliamentary group is a deputy union for the joint exercise of their powers. A parliamentary group must include at least fifteen members of Parliament.
      4. Registration of the factions of political parties is carried out by the Office of the Mazhilis of Parliament, the registration of parliamentary groups is carried out in the Bureau of Chambers of Parliament. Registration of political party factions and deputy groups can be done without prior arrangement.
      5. The powers, organization and activities of political party factions in the Mazhilis of Parliament and the parliamentary groups in Parliament are defined the regulations of the Parliament and its Chambers.
      Footnote. Article 34 in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 35. Deputy certificate and the badge of the Deputy

      1. The deputy has a deputy’s certificate and a badge of the deputy, which are given to him by the Central Election Commission of the Republic after he is registered as an elected deputy. A deputy's certificate and badge can be used during his term in office.
      2. The provisions of the certificate and the badge of a deputy of Parliament of the Republic, their samples and descriptions are approved by the Central Election Commission of the Republic.

Chapter VI Final Provisions

Article 36. Early termination of powers of the Parliament of the Republic and the Mazhilis

      1. The President of the Republic after consultation with the Chairmen of the Chambers of Parliament and the Prime Minister may dissolve the Parliament or the Mazhilis of Parliament.
      2. Parliament and the Mazhilis of Parliament cannot be dissolved during a state of emergency or martial law, in the last six months of the President’s term, or within one year of a previous dissolution.
      3. In case of dissolution of the Mazhilis of Parliament the functions of enacting constitutional laws and temporarily legislation are vested in the Senate until the election of new members to the Mazhilis.
      The procedures for adoption of constitutional laws and laws by the Senate are determined by the Rules of the Senate.
      Footnote. Article 36 in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2)

Article 37. Languages ??of the Parliament of the Republic

      The use of languages ??in the work undertaken by Parliament must be in accordance with the Constitution of the Republic and the legislation on languages ??in the Republic.

Article 38. Financing of Parliament of the Republic

      Parliament is funded from the national budget.

Article 39. Apparatus of the Chambers of Parliament of the Republic

      1. Organizational, legal, informational-analytical and other support of Parliament should be carried out by the separate units of the Senate and the Mazhilis.
      2. The structure and number of staff devices for the Senate and the Mazhilis, their formation are determined by the Bureau of Chambers in accordance with the budgetary funds allocated for financing of Parliament’s activities.
      3. The activity units of the Senate and the Mazhilis shall be in accordance with the regulations of the Civil Service of the Republic.
      4. The activities of the civil servants in the apparatus of the Chambers of Parliament do not cease with the expiration of the term of office of Parliament or of the Mazhilis of Parliament, in the event of dissolution of Parliament or of the Mazhilis of Parliament and the election of the new deputies.
      5. Employees of the Senate and the Mazhilis by the level of their wages and other terms of material, financial and social support are equal to the appropriate employees of the Office of the Prime Minister of the Republic of Kazakhstan.
      Footnote. Article 39 amended by the Constitutional Law of the Republic of Kazakhstan 1999 N 377 dated June 6, 2007. Article 39 in the new edition of the Constitutional Law of the Republic of Kazakhstan N 266 dated June 19, 2007 (the procedure of entry into force see Article 2).