| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Mazhilis |
| Related chamber (for bicameral parliaments) |
Senate
|
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President of the Republic is the Head of State and represents the country in international relations (Article 40 of the Constitution). He is the symbol and guarantor of the unity of the people, the State power, the inviolability of the Constitution and the rights and freedoms of individuals and citizens. The Kazakh parliament consists of two chambers acting on a permanent basis, the Senate and the Majilis (Article 50 of the Constitution). |
| Head of the executive |
President of the Republic |
| Notes |
The President is the head of the executive and determines the main directions of the domestic and foreign policy of the State. The Government implements the executive power, heads the system of executive bodies and exercises supervision of their activity. The President forms, abolishes and reorganizes all central executive bodies, presides over government meetings on especially important issues, charges the Government with bringing bills into the parliament, annuls or suspends completely or partially the effect of government acts and those of the akims of the oblasts, major cities and the capital (Article 44.3 of the Constitution). |
| Method for appointing the executive |
The President is elected by universal, equal and direct suffrage under a secret ballot (Article 41 of the Constitution). Presidential elections are held on the first Sunday of each December and may not coincide with parliamentary elections. The President appoints a Prime Minister with the consent of the parliament, releases him from office, determines the structure of the Government at the proposal of the Prime Minister within 10 days of his appointment, and appoints to and releases from office its members (Article 44.3 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The President is elected for a seven-year term, which does not coincide with the terms of the parliament. The term of office is six years for the Senate and five years for the Majilis. The President has the right on his own initiative to adopt a decision to terminate the powers of the Government and to release any of its members from their office. The release of the Prime Minister from office denotes the termination of the powers of the entire Government. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
Parliamentarians and members of the Government have no right to be deputies of other representative bodies, hold other paid offices (except teaching, research and creative activities), engage in entrepreneurial activity, enter managing bodies or supervisory boards of commercial organizations (Articles 52.3 and 68.2 of the Constitution). Violation of this rule results in the termination of the powers of a deputy. |
| Dissolution of Parliament |
Yes |
|
|
|
The President may dissolve the parliament in the case of (i) the parliament expressing a vote of no confidence in the Government, (ii) the refusal of the parliament to give consent to the appointment of the Prime Minister twice, (iii) a political crisis resulting from insurmountable differences between the chambers of the parliament or the parliament and other branches of State power (Article 63.1 of the Constitution). |
|
|
The President dissolves the parliament, but he may not do so in the period of a state of emergency or martial law, during the last six months of his term, or within a year of a previous dissolution. Between 1990 and 2000, the parliament was dissolved twice. In 1993, the deputies of the former Soviet republic proclaimed self-dissolution in view of the fact that similar decisions of self-dissolution had been made by Soviets at all levels. In 1995, the Constitutional Court adopted a decision to declare the elections of the Supreme Soviet illegitimate in view of the fact that the elections in one of the districts took place in violation of legislation. This entailed the termination of terms of office of the deputies. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
There are two forms of accountability of the Government to the parliament. In general, the President ensures by his arbitration the concerted functioning of all branches of State power and responsibility of the institutions of power before the people (Article 40 of the Constitution). The Government in its entire activity is responsible before the President. It is accountable to the parliament when the Prime Minister reports on the program of the Government in the first month of his nomination (Article 64.2 of the Constitution). Also, the parliament has the right to hear the reports of government members on issues relating to their activities and to adopt an appeal for discharging a member of the Government from office in the case of non-observance of the law. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Parliamentarians have the right to address inquiries to the Prime Minister and other members of the Government. An inquiry must be made in writing and must be read out at a session of the parliament. The reply to a written inquiry must be given within one month. Parliamentarians also have the right to address oral questions to the Prime Minister and members of the Government. The answer to a question is given at that session, or if additional preparation is necessary to provide an answer, within three days. A debate may be initiated when the reply to a question of a deputy is issued. |
- Government reports to Parliament
|
Each chamber of the parliament has the right to hear reports by the members of the Government on issues relating to their activities at the initiative of no less than one-third of all chamber deputies and adopt an appeal by a majority of two-thirds of all deputies to the President to discharge a member of the Government from office in the case of non-observance of the law (Article 57.6 of the Constitution). If the President refuses such an appeal then the deputies, by a majority of no less than two-thirds of votes of all members, possess the right to put a question to the President anew on the release from the position of the said member six months since the first appeal has expired. In this case the President must release the member from office. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The parliament hears the report of the Prime Minister on the program of the Government and approves or rejects the program (Article 53.6 of the Constitution). Also, if a draft law submitted by the Government is not adopted by the parliament, the Prime Minister has the right to raise an issue of confidence in the Government at a joint session of the chambers (Article 61.7 of the Constitution). Voting on this issue is held not earlier than 48 hours. If the call for a vote of no confidence does not receive a two-thirds majority of the votes, the draft law is deemed adopted without voting. However, the Government may not use this right more than twice a year. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
If the parliament for the second time rejects the Government's program presented by the Prime Minister, then this is tantamount to a vote of no confidence. Also, the parliament has the right to hear the reports of the other members of the Government and to adopt an appeal to discharge them from office in the case of non-observance of the law. |
|
|
The parliament expresses a vote of no confidence in the Government by a two-thirds majority of the votes from the total number of deputies of each chamber at the initiative of no less than one-fifth of the total number of the parliament deputies. The right of the parliament to adopt an appeal against a minister, at the initiative of no less than one-third of the total number of deputies must be supported by a majority of two-thirds of the total number of deputies. |
|
|
In the event that the resignation of the Government or one of its members is declined by the parliament, the President charges the Government or its member with continued performance of their responsibilities. In the event that the resignation of the Government owing to the passage of a vote of no confidence is declined, the President has the right to dissolve the parliament. There were no motions of censure tabled in the parliament between 1990 and 2000. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President bears responsibility for the actions performed while exercising his duties and only in the case of high treason may be discharged from office by the parliament (Article 47.2 of the Constitution). It is the exclusive jurisdiction of the lower house to bring an accusation of high treason against the President (Article 56.6 of the Constitution). |
|
|
The decision to bring an accusation and conduct its investigation may be adopted by the majority of the deputies of the Majilis at the initiative of no less than one-third of the total number of its deputies. The accusation investigation is organized by the Senate, and by a majority of votes of the total number of Senators, its results are transferred for consideration at a joint session of the parliament. The final decision of this issue is adopted at this joint session by a majority of no less than three-fourths of the total number of deputies of each chamber, provided the Supreme Court concludes the validity of the accusation and the conclusion of the Constitutional Council that the established constitutional procedures were observed. |
|
|
The failure to arrive at a final decision within two months from the moment of the accusation results in the recognition that the accusation against the President is rejected. Rejection of the accusation in perpetration at any stage results in the premature termination of the powers of the deputies of the Majilis who initiated the consideration of this issue. The issue of the discharge of the President from office may not be initiated in the period when the President is considering premature termination of the powers of the parliament. |
- Have these procedures been applied?
|
|
|
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The Government in its entire activity is responsible before the President and accountable to the parliament in the two mentioned cases. Members of the Government bear personal responsibility before the Prime Minister for the activity of bodies subordinated to them. |
| Means and modalities of oversight |
|
|
The Government conducts informal hearings in the parliament known as the Government hour. |
- Committees of inquiry and missions to Government departments
|
Not applicable |
- Oral and written questions of parliamentarians
|
Parliamentarians have the right to address oral questions to the Prime Minister and members of the Government. The answer to a question is given at that session, or if additional preparation is necessary to provide an answer, within three days. A debate may be initiated following the reply to a deputy's question. |
- Role of Parliament in the appointment of senior Government officials
|
The parliament gives consent to the appointment of the Prime Minister and the Chairperson of the national bank by the President (Article 53.5 of the Constitution). The parliament is responsible for appointing and dismissing, at the request of the President, certain judges as well as the chairmen and members of several commissions. |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
No |
|
- Method for appointing the executive
|
Not applicable |
- Relationship to Parliament
|
Not applicable |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The budget is presented to the parliament by the Government (Article 66.2 of the Constitution) and thus the parliament does not directly participate in its preparation. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The parliament introduces changes to and approves the budget (Article 53.2 of the Constitution). More precisely, at separate sessions of the chambers and through the consecutive consideration of issues first in the Majilis and then in the Senate, the parliament discusses the budget and reports on its implementation and on changes and additions to the budget, and establishes and annuls state taxes and fees. |
- Reports on the budget / finance act by Committees
|
Not available |
| Fields overseen |
|
|
Parliament exercises oversight over all public funds. |
- Budget of special departments
|
Parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The budget for the forthcoming fiscal year is approved at the level of budget programs at a joint session of the parliament in at least two readings no later than 15 December of the current year. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the parliament fails to approve the finance act for the next fiscal year by 15 December, the President has the right to issue a decree, which prevails until the parliament adopts the budget. |
| Budgetary autonomy of Parliament |
No |
The parliament does not have its own budget but depends on the national budget. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The parliament approves the annual reports of the Government and of the Accounts Committee on the implementation of the budget (Article 53.2 of the Constitution) |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
Each chamber of the parliament appoints three members for a five-year term to the Accounts Committee, which is responsible for monitoring the implementation of the budget (Article 57.1 of the Constitution). |
- Reports of the public auditor's office
|
The Accounts Committee submits to the parliament, no later than on 1 June of the year following the fiscal year in question, a report on the implementation of the budget, which in terms of its content represents a conclusion of the Government report. Following the approval of the committee report by the parliament, it is published in the media. |
|
|
Not applicable |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the Foreign Relations Committee. |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
The parliament exercises oversight over foreign policy by organizing plenary debates on foreign policy issues. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The parliament can take the initiative to send parliamentary delegations to inter-governmental meetings or may participate in them at the request of the Government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President conducts international negotiations and signs treaties and ratification instruments (Article 44.11 of the Constitution). At separate sessions of the chambers, through consecutive consideration of issues first in the Majilis and then in the Senate, the parliament ratifies and denounces the international treaties of the Republic (Article 54.7 of the Constitution). More precisely, international treaties whose implementation calls for an amendment to the prevailing legislation or the adoption of a new law, or which establish rules other than those provided by current legislation, require parliamentary ratification. |
- Other mechanisms for participation in foreign policy by Parliament
|
There are no other parliamentary oversight mechanisms in addition to the above. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over the defence policy of the National Security Committee. |
|
|
The parliament has the right to hear a report from representatives of the National Security Committee on the situation in the area of national security. |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
The parliament decides on issues of war and peace (Article 53.8 of the Constitution). |
- Role of Parliament in sending troops abroad
|
The parliament adopts decisions concerning the use of armed forces to fulfil international obligations in support of peace and security at the proposal of the President (Article 53.9 of the Constitution). |
- Other mechanisms for participation in national defence policy by Parliament
|
The President acts as the commander-in-chief of the armed forces and appoints and replaces the highest command of the armed forces (Article 44.12 of the Constitution). He ensures the coordinated action of all branches of State authority in the area of the protection of national interests. However, the parliament adopts laws on matters ensuring national security and makes amendments and additions to them. The parliament can also hold hearings on matters of ensuring national security. |
|
STATE OF EMERGENCY
|
| Circumstances |
In the event of a serious and immediate threat to the democratic institutions of the Republic, its independence and territorial integrity, the political stability and security of its citizens, and the disruption of the normal functioning of its constitutional bodies, the President consults officially with the Prime Minister and the chairpersons of the parliament and takes measures brought about by a state of emergency on the entire territory or in particular areas and immediately informs the parliament of the use of the armed forces (Article 44.16 of the Constitution). In the case of aggression against the Republic or an immediate external threat to its security, the President imposes martial law on the entire territory or in particular areas, declares a partial or total mobilization of the armed forces and immediately informs the parliament to this effect. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The parliament may not be dissolved in the period of state of emergency or martial law. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
State Court |
The Constitutional Council consists of seven members whose powers lasts for six years (Article 71 of the Constitution). The ex-presidents have the right to be life-long members of the Council. The Chairperson of the Council is appointed by the President and in the case of the votes being equally divided his vote is decisive. Two members of the Council are appointed by the President and two by each of the chairpersons of the parliament respectively. Half of the members of the Constitutional Council are renewed every three years. |
|
|
The Constitutional Council, by appeal of the President, the chairpersons of the parliament, no less than one-fifth of the total number of deputies or the Prime Minister (i) decides on the correctness of conducting the elections of the President and the deputies, and conducts an all-nation referendum in the case of a dispute, (ii) considers the laws adopted by the parliament with respect to their compliance with the Constitution before they are signed by the President, (iii) considers international treaties with respect to their compliance with the Constitution before they are ratified, (iv) officially interprets the standards of the Constitution, and (v) makes a decision in cases regarding the discharge of the President.
Laws and international treaties recognized not to be in compliance with the Constitution may neither be signed nor, accordingly, may they be ratified or brought into effect. Laws and other regulatory legal acts, recognized as infringing on the rights and freedoms of an individual or citizen, must be cancelled and may not be in effect. Resolutions of the Constitutional Council come into effect from the day they are adopted, are binding on the entire territory, and are final and are not subject to appeal.
|
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
