On the Government of the Republic of Kazakhstan

Constitutional Law of the Republic of Kazakhstan dated December 18, 1995 N 2688

Unofficial translation

      Footnote. The title and the text as amended by the Constitutional Law of the Republic dated May 6, 1999 N 379.

      This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan determines the competence, organization and activities of the Government of the Republic of Kazakhstan.

Chapter I. General Provisions

Article 1. Status of the Government of the Republic of Kazakhstan

      The Government is a collegial body that exercises executive authority of the Republic of Kazakhstan headed by the executive system and supervises their activities.
      Footnote. Article 1, as amended by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267

Article 2. The legal framework of the Government of the Republic of Kazakhstan

      The government shall operate on the basis of and pursuant to the Constitution, this Constitutional Law, legislation and other normative legal acts of the Republic.

Article 3. Formation, structure and composition of the Government of the Republic of Kazakhstan

      1. The government is formed by the President of the Republic in accordance with the Constitution of the Republic of Kazakhstan.
      2. Proposals for the structure and composition of Government must be submitted to the President of the Republic by the Prime Minister of the Republic within ten days after the appointment of the Prime Minister.
      3. Ministries and other central executive bodies form the structure of the Government.
      4. The government shall consist of members of the Government: the Prime Minister of the Republic, his deputies, ministers and other officials of the Republic.
      Footnote. Article 3 as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379.

Article 3-1. Oath of members of the Government of the Republic of Kazakhstan

      1. A member of the Government of the Republic of Kazakhstan takes the following oath before the people and the President of Kazakhstan:
      "Before the people and the President of the Republic of Kazakhstan I solemnly swear to devote all my energy and knowledge to the economic and spiritual development of my homeland - the Republic of Kazakhstan, to strictly observe the Constitution and laws of the State; in all my actions to follow the principles of legality and justice, civil and ethnic harmony and faithfully serve the people of Kazakhstan; to increase prestige of my country in the world community. I swear".
      2. Oath of the member of the Government is taken by the President of the Republic in the manner determined by him.
      Footnote. Article 3-1 is supplemented by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379.

Article 4. The term of Office of the Government of the Republic

      1. The Government of the Republic shall operate within a term of office of the President and resigns when a new President of the Republic is elected. The Government of the Republic continues to fulfil its duties until a new government of the Republic is announced.
      2. The Government shall resign by submitting a written statement, signed by each member of the Government to the newly elected President.
      The statement of resignation is submitted after the official inauguration of the newly elected Head of State.
      Resignation of the Government means termination of office term of its members.
      3. The Prime Minister of the Republic shall make a written request to the newly elected Mazhilis regarding confidence in the Government.
      If the Mazhilis expresses confidence in the Government, the Government continues to perform its duties, unless otherwise decided by the President of the Republic.
      Footnote. Article 4 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 5. Resignation of the Government of the Republic

      1. The Government and each of its members have the right to submit resignation to the President of the Republic, if they deem it impossible to continue to fulfil their duties. Those members of the Government who disagree with the Government policies and refuse to conduct it may also resign.
      2. The Government submits a letter of resignation to the President of the Republic if the Mazhilis or the Parliament declares vote of no confidence in the Government in cases provided in the Constitution. The President of the Republic must consider the question of accepting or declining the resignation within ten days following the resignation.
      3. Acceptance of resignation means termination of the authority of the Government or of its respective member. Acceptance of the resignation of the Prime Minister means termination of the authority of the whole Government.
      4. In case of declining the resignation of the Government or of its member the President charges them with further performance of duties.
      Footnote. Article 5 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 6. Termination of authority of the Government of the Republic on the initiative of the President of the Republic

      1. The President of the Republic has the right to terminate the powers of the Government and dismiss any of its members on his own initiative.
      2. Dismissal of the Prime Minister means termination of the authority of the Government.
      2-1. The members of the Government who disagree with the Government’s policy or refuse to pursue it are subject to dismissal.
      Footnote. Article 6 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379.

Article 7.

      Footnote. Article 7 is excluded by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 8. Restrictions imposed on members of the Government

      Members of the Government of the Republic have no right:
      1) to be deputies of a representative body;
      2) to have other paid jobs, except teaching, scientific or other creative activities;
      3) to engage in business activity;
      4) to be a member of the management or supervisory board of a commercial organization, except those with state participation in authorized capital upon the Government’ decision.
      Footnote. Sub-item 4, as amended by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Chapter II. Competence, acts, accountability and responsibility of the Government of the Republic

Article 9. Competence of the Government of the Republic

      The Government of the Republic:
      1) develops the main directions of state socio-economic policy, strategic and tactical measures for its implementation;
      2) develops state programs;
      3) drafts and implements indicative plans of socio-economic and scientific-technical development;
      4) is involved in the development of the national budget and amendments to it in the procedure determined by the President of the Republic; presents the republican budget to the Parliament and reports on its implementation, ensures implementation of the budget;
      5) develops and implements measures to strengthen the financial system of the Republic, ensures state control over observance of legality in the formation and use of government monetary, financial and material resources;
      6) provides structural and investment policy;
      7) works out and implements the state policy of price-setting; determines the range of products, goods and services sold at state regulated prices;
      8) organizes management of state property, develops and implements measures for protection and usage of state property; ensures protection of state property rights;
      9) sets up a system of labour remuneration, social protection of citizens, public welfare and social insurance;
      10) develops and implements the basic directions of state regional policy, considers issues and solves problems of inter-regional socio-economic development of regions;
      11) defines and implements the state policy on development of science and technology, introduction of new technologies, culture, education, healthcare, tourism and sports;
      12) develops and implements measures to ensure the balanced use and conservation of natural resources and environment;
      13) provides implementation of legal policy; develops and implements measures to protect the rights and freedoms, the law and order, security and defence potential, of territorial integrity and protection of state borders of the Republic;
      14) takes decision about negotiation and signing of intergovernmental agreements, maintains relations with foreign states, international and regional organizations, develops measures for implementation of foreign economic policy, develops foreign trade relations, provides collaboration and cooperation with international financial organizations;
      15) (is excluded)
      16) establishes and dissolves consultative and advisory bodies of the Government;
      17) (is excluded)
      18) performs other functions assigned to it by the Constitution, laws and acts of the President.
      Footnote. Article 9 as amended by the Constitutional Law of the Republic dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 10. Acts of the Government of the Republic

      1. The Government of the Republic on the basis of and pursuant to the Constitution of the Republic, laws, and acts of the President and other legal acts issues regulatory and individual resolutions.
      2. Government’s resolutions are adopted by a majority vote of all members of the Government. Government resolutions are signed by the Prime Minister of the Republic.
      3. Prime Minister of the Republic issues orders of administrative, executive, operational and individual character.
      4 Resolutions of the government and orders of the Prime Minister of the Republics issued within their competence have a binding force on the whole territory of the Republic.
      5. Government’s resolutions and Prime Minister’s orders are drafted and adopted in the manner determined by the regulations of the Government of the Republic.
      6. Resolutions of the Government may be revoked by the President and the Government of the Republic.
      7. Orders of the Prime Minister may be revoked by the President, the Government and the Prime Minister of the Republic.
      Footnote. Article 10 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 11. Accountability and responsibility of the Government of the Republic

      1. The government in all its activities shall be responsible to the President of the Republic in forms established in the Constitution and this law.
      2. Members of the Government shall be independent in decision-making within their competence, bear personal responsibility before the Prime Minister of the Republic for activity of state authorities subordinate to them or for the areas of work they are charged with.
      3. The government is responsible before the Mazhilis and the Parliament in cases provided in the Constitution of the Republic.
      4. Members of the Government are accountable to the Parliament Chambers in a case provided by sub-item 6) of Article 57 of the Constitution of the Republic.
      Footnote. Article 11 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Chapter III. Relations between the Government of the Republic and State Authorities

Article 12. Relations with the President of the Republic

      1. The Government of the Republic:
      1) regularly reports to the President of the Republic about fulfilment of the President’s orders and other fields of their activity;
      2) organizes execution of acts of the President of the Republic and controls their execution by the ministries and other central and local executive bodies;
      3) fulfils orders of the President regarding presenting draft bills in the Mazhilis of the Parliament;
      4) submits state programs to the President for approval.
      2. The Government coordinates plans of legislative work of the Government with the President of the Republic.
      3. The President of the Republic may cancel or suspend completely or in a part validity of acts of the Government and the Prime Minister of the Republic.
      Footnote. Article 12 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 13. Relations with the Parliament of the Republic

      1. The Government of the Republic has the power of legislative initiative which is realized only in the Mazhilis of Parliament. Decision on submittal of draft legislation is taken by issuing of the relevant resolution of the Government.
      2. The Government of the Republic
      1) ensures execution of laws of the Republic, supervises their execution by the ministries and other central and local executive bodies;
      2) presents the republican budget and the report on its execution to the Parliament;
      3) makes expert reports on drafts laws of the Republic providing reduction of state revenues or increase in the public expenditures;
      4) gives answers to inquiries of members of the Parliament.
      Footnote. Article 13 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379.

Article 14. Relationship with the ministries, central executive bodies, which are not part of the Government of the Republic

      The Government of the Republic:
      1) supervises activities of ministries and central executive bodies which do not belong to the Government of the Republic, ensure implementation of laws, acts of the President and the Government of the Republic;
      2) on suggestion of ministers and heads of other central executive bodies approves regulations on ministries and other central executive bodies, the limits of their staff size with regard to the size of their territorial bodies and subordinate government agencies;
      3) cancels or suspends completely or in part the validity of acts of ministries, central executive bodies which are not part of the Government of the Republic;
      4) appoints and dismiss heads of central executive bodies which are not part of the Government of the Republic;
      5) on suggestion of ministers and heads of other central executive bodies, which are not part of the Government of the Republic, appoints and dismisses their deputies, with the exception of the deputy heads of central executive bodies, the appointment and who are dismissed by the President of the Republic;
      6) performs other functions assigned to it by the Constitution, laws and acts of the President of the Republic of Kazakhstan.
      Footnote. Sub-item 2 as amended by Law of the Republic of Kazakhstan dated February 24, 1997 N 69. Changes - Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; dated November 24, 2004 N 604 (entered into force on January 1, 2005), Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 15.

      Footnote. Article 15 is excluded by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 16. Relationships with local authorities

      1. The Government of the Republic:
      1) supervises local agencies with regards to issues of public management, controls implementation of laws and acts of the President and the Government of the Republic;
      2) may cancel or suspend completely or in part the effect of acts of local executive bodies, makes request about their cancellation or suspension to the President of the Republic.
      2. Akims of administrative units heading the relevant local authorities are representatives of the President and the Government of the Republic. They submit proposals on issues of public management to the Government of the Republic

Article 17. Relations of the Government of the Republic with other state agencies, financed from the national budget

      The Government of the Republic in accordance with legislation considers financial and material and technical issues of other public bodies, including those, funded from the national budget.

Chapter IV. Organization of activity of the Government of the Republic

Article 18. Meetings of the Government of the Republic

      1. Meetings of the Government are held at least once a month.
      2. Meetings of the Government are convened by the Prime Minister or President of the Republic.
      3. Prime Minister presides over the meetings of the Government, in his absence - Deputy Prime Minister, substituting for Prime Minister in accordance with the distribution of responsibilities. When the Government considers crucial issues the President of the Republic presides over its meetings.
      4. Meetings of the Government are considered competent if attended by at least two thirds of the members of the Government. Members of the Government cannot be substituted.
      5. Government meetings are open. On the initiative of the President or Prime Minister the meetings can be closed.
      6. The procedure of preparation and holding of meetings of the Government are provided in the Regulations of the Government.

Article 19. Prime Minister of the Republic

      1. Prime Minister of the Republic
      1) organizes the work of the Government and distributes responsibilities among the members of the Government;
      2) represents the Government or delegates this power in its relations with the President of the Republic, Parliament, Constitutional Council, Supreme Court, the Attorney General's Office, other government agencies;
      3) represents the Government or delegates this power in international relations and signs the intergovernmental treaties and agreements;
      4) submits to the President of the Republic proposals: on the structure and composition of the Government; on the formation, reorganization and abolition of ministries and central executive bodies which are not part of the Government; on candidates for appointment as minister, with the exception of the Ministers of Foreign Affairs, Defence, Interior and Justice; on the discharge of the ministers, including those who disagree with government’ s policies or refuse to conduct it, with the exception of the Ministers of Foreign Affairs, Defence, Interior and Justice;
      5) submits a uniform system of financing and labour remuneration for all bodies financed from the state budget of the Republic to the President of the Republic of Kazakhstan for approval;
      6) reports about the main fields of activities of the Government to the President;
      7) hears reports of members of the Government and heads of central and local executive bodies;
      8) performs other functions related to the organization and supervision of activities of the Government.
      2. In the absence of the Prime Minister one of the Deputy Prime Ministers in accordance with the Prime Minister’s regulations assumes his duties.
      Footnote. Article 19 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; dated November 24, 2004 N 604 (shall be enforced on January 1, 2005), Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 20. The Deputy Prime Ministers and other members of the Government of the Republic

      1. The Deputy Prime Ministers acts in accordance with the distribution of duties established by the Prime Minister of the Republic.
      2. Members of the Government
      1) supervise the relevant government authorities;
      2) determines policies in branches (fields) of government, subordinate to the relevant government authorities;
      3) ensures inter-branch coordination within the competence prescribed by law;
      4) is independent in decision-making within their competence;
      5) bears personal responsibility before the Prime Minister for the work of bodies subordinate to them;
      6) is responsible for the situation in the branches (fields) of government, subordinate to the relevant government authorities, and for implementation of laws and acts of the President and the Government of the Republic of Kazakhstan.
      3. Members of the Government who are not heads of ministries and other central executive bodies carry out their activities in accordance with the provisions stipulated by the Government of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; article, as amended by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 21.

      (Article 21 is excluded by the Constitutional Law of the Republic dated May 6, 1999 N 379)

Article 21.1. Executive secretary of the Central Executive Body

      1. The staff of ministries and central executive bodies which is not part of the Government is headed by executive secretaries appointed and dismissed by the President of the Republic in consultation with the Prime Minister of the Republic.
      2. In some ministries and central executive bodies which are not part of the Government the position of executive secretary may not exist on the President’s decision. In this case the powers of the executive secretary, according to the present Constitutional law, are given to an official from the ministry or the central executive body, which is not part of the Government.
      3. Resignation of the Government, a minister, head of the central executive body, which is not part of the Government, does not imply the termination of powers of the executive secretaries.
      4. The status and powers of the executive secretaries of the Ministry and the central executive body, which is not part of the Government, are established by the President of the Republic.
      5. Executive Secretary is accountable to the President of the Republic, the Prime Minister and the Minister (or head of the central executive body, which is not part of the Government).
      Footnote. The Law as supplemented by Article 21.1 of the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 22. The Ministry of the Republic

      1. The Ministry is the central executive body of the Republic, supervising the respective branch (field) of the public administration, as well as inter-branch coordination within the competence prescribed by law.
      2. The Ministry is formed, reorganized and abolished by the President of the Republic on the proposal of the Prime Minister of the Republic.
      2-1. The Ministry is authorized to make decisions within its competence on matters which are not in competence the Government of the Republic.
      2-2. The structure of the Ministry is set up by the executive secretary of the Ministry.
      The structural units of the Ministry are offices, departments and directions.
      The set of departments and directions of the Ministry composes the staff of the Ministry.
      3. The Collegiate panel of the Ministry is an advisory body to the Minister. Size and membership of the board is approved by the Minister from among the heads of departments of the Ministry.
      4. Decisions made by the Ministry are issued by the Minister’s orders.
      Footnote. Article 22 as amended by Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 23. The central executive body, which is not a part of the Government

      1. The central executive body, which is not part of the Government of Republic of Kazakhstan is the Agency of the Republic of Kazakhstan, which may be formed, reorganized and abolished by the President of the Republic on the proposal of the Prime Minister of the Republic.
      2. The Agency supervises the respective branch (field) of the public administration, as well as inter-branch coordination within the competence prescribed by law.
      3. The structure of the Agency is set up by the executive secretary of the Agency.
      The structural units of the Agency are departments and directions.
      The set of departments and directions of the agency composes the staff of the Ministry.
      4. The Collegiate panel of the Agency is an advisory body to the Chairman of Agency. Size and membership of the board is approved by the Chairman of Agency.
      5. Acts of agency are the orders of the Chairman of the Agency.
      Footnote. Article 23 as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379; article, as amended by the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 24. Office of the Central Executive Body

      1. The Office is the central executive committee of the Republic.
      The Office may have its own subdivisions.
      2. The Office is formed, reorganized and abolished by the Government of the Republic on the proposal of the head of the relevant central executive body.
      3. The Head of Office is appointed and dismissed by the head of the relevant central executive body.
      4. The Office within the competence of the central executive body of the Republic has supervisory and (or) implementation functions.
      5. The form of the act, issued by the Office is the order of the Head of the Office.
      Cancellation or suspension (complete or in part) of the validity of the acts of the Office is in the competence of the Head of the central executive body, to which the Office is subordinate.
      6. The structure of the Office is approved by the executive secretary of the relevant central executive body. Powers and authorities related to cooperation with other state Agencies shall be determined by the Head of the central executive body, to which the Office is subordinate.
      Footnote. Article 24 as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379, as amended by Article 24 of the Constitutional Law of the Republic of Kazakhstan dated June 19, 2007 N 267.

Article 25. Informational, Analytical, Organizational and legal support of the activity of the Prime Minister and the Government of the Republic

      1. Informational, analytical, organizational and legal support of the activity of the Prime Minister and the Government of the Republic is provided by the Chancellery of the Prime Minister of the Republic.
      2. The procedure of formation, reorganization and abolition of the Prime Minister's Chancellery, the legal status, the regulations regarding the appointment and dismissal of the director and other officials of the Chancellery of the Prime Minister are provided in the law of the Republic.
      Footnote. Article 25 as amended by the Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 379.

Article 26. Advisory and consultative bodies of the Government of the Republic

      1. Commissions, councils and other consultative and advisory bodies to the Government of the Republic are set up to make proposals on matters within the competence of the Government.
      2. Advisory and consultative bodies are headed by the Prime Minister, his deputies and members of the Government.
      3. Decisions of consultative and advisory bodies of the Government have the status of recommendations.

Article 27. The order of entry into force of this Constitutional Law

      This Constitutional Law shall be enforced on the date of its publication.

      President of
      the Republic of Kazakhstan