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UPDATE: Laws of the Republic of Kazakhstan: A Guide to Web Based Resources
By Oleg Stalbovskiy & Maria Stalbovskaya
The authors of this article work as librarians at the Tashkent Open Library for Legal Information. They have been involved in important projects in the Republic of Uzbekistan, including the development of the Digital Library on Human Rights, providing organizational and methodical support for regional public law centers, providing legal information and support for people under judicial investigation, creating the website of the Open Library for Legal Information, and the development of electronic legal resources at the Open Library for Legal Information.
Published
November/December 2008
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Table of Contents
1. Introduction
2.1. Constitution of the Republic of Kazakhstan
2.2. Constitutional Laws
2.3. Codes
2.4. Other Normative Acts
3. State order in the Republic of Kazakhstan
3.1. Presidency
3.2. Parliament
3.3. Government
3.5. Local Public Administration and Self-Administration
3.6. Judicial Authority
4.1. Online
4.2. Offline
The Republic of Kazakhstan is located in the middle of Central Asia. The population is approximately 15 million people, including Kazakhs, Russians and others. The territory covers 2717,000 square kilometers. The capital city was Almaty up until 1997, when it was changed to Astana.
The official state language is Kazakh. In state institutions and local self-governing bodies, Russian must be used on equal grounds with the Kazakh language. The predominant religion is Islam, with Sunnites in the majority.
The Kazakh khanate was formed in the 15th century and had 3 tribal divisions (juz). In the 1860s, all of them became part of the Russian Empire. During the period of November 1917 - March 1918, Soviet power was established in Kazakhstan.
On December 16, 1991, Kazakhstan adopted the Constitutional Law “On State Independence of the Republic of Kazakhstan,” which represented a major turning point in the nation’s development.
The legal system of Kazakhstan is influenced by the traditions of both Islamic law and Roman law. Islamic law, which was in force up until early 1920, incorporated many norms of Adat, the local customary law consisting of traditional prescriptions of the peoples of the region. The influence of Roman law came primarily from the theory and practice of Soviet law and socialist principles.
Kazakh legislation is currently being codified. Legislative and other normative legal acts can be categorized as constitutional, administrative, civil, criminal, labor-related, or other material or procedural laws. A strict hierarchy of the sources of law includes the Constitution of the Republic of Kazakhstan at the top, constitutional norms and laws, codes and ordinary laws, and other state obligations, normative decrees, and so forth.
On January 28, 1993 the Supreme Council of the Republic of Kazakhstan adopted the first Constitution of the independent Kazakhstan. On 30 August 1995, it was changed to the contemporary Constitution, which was adopted by a nation-wide referendum. The Constitution was amended on October 7, 1998 and on May 18, 2007.
On October 7, 1998 the Parliament enacted a “Law on amendments and complements to the Constitution of the Republic of Kazakhstan.” This revision dealt with matters pertaining to the president's term of office, age restrictions, succession of authority in case of his death or resignation, and terms of Majilis and Senate members.
As President Nursultan Nazarbayev announced at a joint session of the parliament on May 16, 2007, the proposed changes to the Constitution of Kazakhstan are as follows:
1. Redistribution of powers and responsibilities, in order to strengthen the role of Parliament. Reduction of the presidential term from seven to five years. Increase in the number of members of Parliament, both in the Majilis, from 77 to 107, and in the Senate, from 39 to 47.
2. Strengthening the role of political parties.
3. Development of local self-government.
4. Improvement of the judiciary system.
5. Development of international accords and strengthening of the Republic of Kazakhstan Peoples’ Assembly.
6. Further development of civil institutions.
7. Strengthening of human rights’ protection system.
The Main Law of Kazakhstan constitutionally requires a presidential form of government. This also requires law reform in present-day Kazakhstan to be based on ideological and political pluralism, with legislation ensuring human rights and social-legal guarantees.
The Constitution of Kazakhstan is available in English on the Ministry of Foreign Affairs website, and in Russian on the President of Kazakhstan website.
Within the framework of the formation of the legal foundations of state order, the following constitutional laws were adopted:
· “On State Independence of the Republic of Kazakhstan,” 1991 (Russian)
· “On the President of the Republic of Kazakhstan,” 1995, amendments 2007 (Russian)
· “On the First President of the Republic of Kazakhstan,” 2000
· “On the Parliament of the Republic of Kazakhstan and the Status its Deputies,” 1995, amendments 2007 (Russian)
· “On the Government of the Republic of Kazakhstan,” 1995, amendments 2007 (Russian)
· “On Republican Referendum,” 1995 (Russian)
· “On Elections in the Republic of Kazakhstan,” 1995, amendments 2004, 2005, 2006, 2007 (Russian)
· Constitutional Law on Elections, 1995, as amended 2006 (English). Available in Russian here, as amended in 2004.
· Constitutional Law on the Judicial System and the Status of Judges, 2000 (English). Available in Russian here, as amended in 2006.
· “On Constitutional Council of the Republic of Kazakhstan,” 1995 (English). Available in Russian here.
· “On State Symbols of the Republic of Kazakhstan,” 1996, amendments 2006, 2007 (Russian)
· “On Introducing Changes and Additions into some of the legal acts of the Republic of Kazakhstan,” regarding budget control, 2004
· “On Introducing Changes and Additions into the some constitutional laws of the Republic of Kazakhstan,” 2006 (Russian)
· “On Introducing Changes and Additions into the constitutional law ‘On Republican Referendum,’” 2008 (Russian)
· “On Introducing Changes and Additions into the constitutional law ‘On Constitutional Council of the Republic of Kazakhstan,’” 2008 (Russian)
The principal branches of Kazakhstan law have been codified. Here is the list of codes:
· Civil Code, General, 1994, amendments 1999 (English). Available in Russian here, as amended in 2007.
· Civil Code, Special, as amended 2007 (Russian)
· Civil Process Code, as amended 2007 (Russian)
· Criminal Code, 1997. Available in Russian here, as amended in 2007.
· Criminal Executive Code, General, as amended 2007 (Russian)
· Criminal Process Code, 1997. Available in Russian here, as amended in 2007.
· Labor Code of the Republic of Kazakhstan, 2007 (English). Available in Russian here.
· Code of the Republic of Kazakhstan On Administrative Violations No. 155-II, 2001 (Excerpt in English). Available in Russian here, as amended in 2007.
· Budget Code of the Republic of Kazakhstan, 2004, amendments 2007 (Russian)
· Water Code, 2003 (English). Available in Russian here, as amended in 2007.
· Land Code, 2003 (English). Available in Russian here, as amended in 2007.
· Forest Code, 2003 (English). Available in Russian here, as amended in 2007.
· Ecological Code (Law No. 212-Z), 2007 (English). Available in Russian here.
· Customs Code, 2003 (English). Available in Russian here, as amended in 2007.
· Tax Code, as amended 2004 (English)
Links to other Kazakh legal documents are available in English on LEXADIN.
Article 3 of the Constitution states that the state power in the Republic of Kazakhstan is unified and executed on the basis of the Constitution and laws; this is done in accordance with the principle of its division into the legislative, executive, and judicial branches, and a system of checks and balances that governs their interaction.
· The legislative branch is comprised of the Parliament of the Republic of Kazakhstan (the Senate and the Majilis).
· The executive branch is comprised of the Cabinet of Ministers, state committees, and other central and local executive bodies of the Republic.
· The judicial branch is comprised of the Supreme Court and Constitutional Council and local courts (regional, district and others).
The President of the Republic of Kazakhstan is the head of state and the highest official in the state. The role of the president includes determining the main directions of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations. According to Article 40 of the Constitution, he shall ensure by his arbitration the concerted functioning of all branches of state power, as well as the responsibility of the institutions of power before the people. The President is elected every seven years on the basis of universal suffrage. One person may not be elected President of the Republic more than two times in a row. However, according to Article 42 of the Constitution, this restriction does not apply to the First President, Nursultan Nazarbayev.
In April of 1990, Nursultan Abishevich Nazarbayev became the President of the Republic of Kazakhstan. On December 1, 1991 the first general elections for the Presidency were held, in which Nazarbayev was reelected as head of the state. A nation-wide referendum of April 29, 1995 confirmed this decision. This referendum also extended the powers of the President until the year 2000. On January 10, 1999, Nazarbayev was elected again as President of Kazakhstan, supported by 79.78% of voters. On December 4, 2005 nation-wide elections for the Presidency of the republic were held again, where Nazarbayev won the support of 91.15 % of voters.
The official website of President of the Republic of Kazakhstan consists of the Constitution (English), Constitutional laws, Codes, Presidential decrees, and International treaties (Kazakh, Russian, and English).
The highest representative body of the Republic of Kazakhstan is the bicameral Parliament. It consists of the Senate and the Majilis, in accordance with Article 50 of the Constitution. The first two-chamber Parliament was elected in December 1995.
The Senate is composed of deputies elected in twos from each region and major city, as well as the capital of the Republic of Kazakhstan. Elections are conducted at a joint session of the deputies of all representative bodies of the respective oblast or major city and the capital of the Republic. The President also appoints fifteen senators. The term of office for Senate deputies is six years.
The Majilis consists of 107 deputies, 98 of whom are directly elected by voters from the geographical electoral districts. 9 deputies are elected by the Assembly of People of Kazakhstan. The term of office for the Majilis deputies is five years.
The duties of Parliament in joint sessions of the Chambers include:
· Introducing amendments and making additions to the Constitution
· Adopting constitutional laws, approving the budget for the state, as well as the reports of the Government, and the Accounts Committee about the budget’s implementation, and introducing changes into the budget
· Conducting second rounds of discussion and voting on the laws or articles of the law
· Hearing the reports of the Prime Minister on the Government's program, and approving or rejecting the program
· Hearing annual messages of the Constitutional Council of the Republic on the state of the constitutional legality in the Republic or reports on the activity of the commissions
· Deciding issues of war and peace
· Adopting decisions concerning the use of the Armed Forces of the Republic to fulfill international obligations in support of peace and security, at the proposal of the President of the Republic
· Putting forward initiatives calling for nation-wide referenda
· Exercising any other powers assigned to Parliament by the Constitution
The Government shall implement the executive power of the Republic of Kazakhstan, preside over the system of executive bodies, and supervise their activity. The Government, in all of its activity, shall be responsible to the President of the Republic and also accountable to the Senate and Majilis of Parliament, as stipulated by Constitution. The government of the Republic of Kazakhstan was reestablished in 2007.
The website of the Government of the Republic of Kazakhstan contains some laws and decrees in Kazakh, Russian and English.
Part six of the Constitution contains fundamental regulations which establish constitutional control in the Republic. This control is designated to the Constitutional Council, a body separate from the juridical system. The Constitutional Council is a state structure charged with ensuring the supremacy of the Constitution of the Republic as the basic law for the whole territory of Kazakhstan.
The Constitutional Council consists of seven members; the Chairman and two members are appointed by the President of the Republic, and the Chairmen of the Senate and Majilis each appoint two members for six year terms.
Its website contains the decisions of the Constitutional Council, the acting laws, scientific articles and other information. (Kazakh, Russian, English)
Local representative bodies - maslikhats – express the will of the population of respective administrative-territorial units. These bodies shall determine the measures needed for the realization of the public interest, and control the implementation of these measures. Their jurisdiction includes:
· Drafting of plans for economic and social programs for development of the territory, creating and providing for the realization of local budgets
· Management of public property
· Appointment of the heads of local executive bodies, determining their release from office, and resolution of other issues connected with the work of local executive bodies
· Exercising any other powers delegated to local executive bodies by the legislation of the Republic, in the interests of local public administration.
Justice in the Republic of Kazakhstan may only be exercised by the court. Judicial power shall be exercised through constitutional, civil, administrative, criminal, and other forms of judicial procedure as established by law. In certain cases, stipulated by law, criminal procedure shall be carried out with the participation of jurymen. The courts of the Republic include the Supreme Court of the Republic and local courts of the Republic which are established by law. The judicial system of the Republic is established by Article 75 of the Constitution of the Republic of Kazakhstan and the constitutional law.
The Supreme Court of the Republic of Kazakhstan is the highest judicial body for civil, criminal, and other cases which are under the courts of general jurisdiction. This court also exercises supervision over the activities of other courts in the form of juridical procedure stipulated by law, and provides interpretation on the issues of judicial practice.
The website of the Supreme Court contains some useful information in English. The Constitution, codes, laws, secondary legislation, and decisions of the Supreme Court are available in Kazakh and Russian.
General sources
· Country Reports on Human Rights Practices: Kazakhstan (U.S. Department of State)
· World Factbook: Kazakhstan (U.S. Central Intelligence Agency)
Legal guides:
· Multinational Reference (Law Library of Congress)
International law:
·
Trade Agreements
The TCC's Trade and Related Agreements Database (TARA) includes active, binding
agreements between the United States and its trading partners covering
manufactured products and services (see Site Map for disclaimers). It is
designed to provide the public with information on agreements currently in
force.
· Treaties are available free from Oceana Publications, but you must register with them.
Foreign Resources for Kazakhstan Legislation
· Database of national environmental legislation (NATLEX) - database of national labor, social security, and related human rights legislation maintained by the ILO's International Labor Standards Department.
· ECOLEX - database of national environmental legislation. Environmental Law Gateway (UNEP/ICUN)
· FAOLEX (United Nations Food and Agriculture Organization)
· FindLaw
· LEXADIN
· LawMoose Legal Search Engine
· LawGuru
· Internet Law Library: Kazakhstan (Pritchard Law Webs). Law resources of the Internet organized by subject and jurisdiction
· World Legal Information Institute - Free, independent and non-profit access to worldwide law. 663 databases from 86 countries including 21 international databases.
· World Law Index: Kazakhstan (Australasian Legal Information Institute)
· Internews Network - excerpts
· New York University School of Law
· Washburn University Law Library - links to Kazakhstan legal resources
· U.S. Law Library of Congress for the Global Legal Information Network (GLIN) - annotated online hypertext guide to sources of information worldwide on government and law
· Cornell LII - Legal Information Institute
· Human Rights in Kazakstan (Amnesty International)
· International Religious Freedom Annual Reports: Kazakhstan (U.S. Dept. of State)
Local Kazakhstan legal web sites
· "Adviser". Online database of Kazakhstan legislation - About 4,000 documents are available for free in Russian
· ZAKON.KZ Online database –Over 30,000 documents in Russian detailing the full legislation of the Republic of Kazakhstan, some of which are free. Monitoring of legislation is also available in English.
· Online database of over 40,000 free documents on Kazakhstan legislation "Zakon" in both Kazakh and Russian. News and monitoring of legislation, as well as the State Register are available in Russian.
· General Office of the Prosecutor (Kazakh, Russian)
· National Bank of the Republic of Kazakhstan (Kazakh, Russian, English)
· The Agency of the Republic of Kazakhstan on Informatization and Communications - Legislation on ICT. (Kazakh, Russian, English)
· Agency of the Republic of Kazakhstan on Regulation of Natural Monopolies (Kazakh, Russian, English)
· Agency on Statistics (Kazakh, Russian, English)
· List of Kazakh Law Schools (Russian)
According to the 1998 Law “On normative legal acts,” the legislative acts of the Republic of Kazakhstan shall be published in the “Vedomosti Parlamenta Respubliki Kazakhstan” (Registers of Parliament of the Republic of Kazakhstan), “Sobranie aktov Presidenta Respubliki Kazakhstan i pravitelstva Respubliki Kazakhstan” (Collection of acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan) and collections of acts of central executive and other government bodies of Republic of Kazakhstan
New legislation may also be published in the “Egemen Kazakhstan”, “Kazahstanskaya Pravda”, “Zan gazeti/Juridicheskaya gazeta” and “Oficialnaya gazeta”.
New laws, decrees, and administrative acts of the country are published in “The Bulleten’ normativnih pravovih aktov central’nih ispolnitel’nih i inih gosorganov Respubliki Kazakhstan” (“The Bulletin of Normative Legal Acts of the Central Executive and Other Governmental Bodies of the Republic of Kazakhstan”), which is published by the Ministry of Justice. Some court decisions and comments to legislation are published in "The Bulletin of the Supreme Court of the Republic Kazakhstan.”