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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 16, 1991 No. 1007-XII

About the state independence of the Republic of Kazakhstan

The Supreme Council of the Republic of Kazakhstan, expressing will of the people of Kazakhstan, recognizing priority of the rights and personal freedoms enshrined in the Universal Declaration of Human Rights, other universally recognized norms of international law, confirming the right of the Kazakh nation to self-determination, proceeding from determination of creation of civil society and the constitutional state, performing peace-loving foreign policy, declaring the commitment to the principle of non-proliferation of nuclear weapon and to disarmament process, solemnly declares the state independence of the Republic of Kazakhstan.

Chapter 1 Republic of Kazakhstan - Independent State

Article 1. The Republic of Kazakhstan - the independent, democratic and constitutional state. It has all completeness of the power in the territory, independently determines and pursues domestic and foreign policy.

Article 2. The Republic of Kazakhstan builds the relations with all states on the principles of international law.

Article 3. The Republic of Kazakhstan is open for recognition of its state independence by other states.

Article 4. The Constitution and the laws of the Republic of Kazakhstan, and also rules of international law recognized by it act on all territory of the Republic of Kazakhstan.

Article 5. The territory of the Republic of Kazakhstan in the existing borders is complete, indivisible and inviolable.

Chapter 2 People and citizen of the Republic of Kazakhstan

Article 6. The citizens of the Republic of all nationalities united by community of historical destiny with the Kazakh nation constitute together with it the single people of Kazakhstan which are the single carrier of sovereignty and source of the government in the Republic of Kazakhstan, performs the government as it is direct, and through the state bodies elected by it on the basis of the Constitution and the laws of the Republic of Kazakhstan.

Citizens of the Republic irrespective of their nationality, religion, belonging to public associations, origin, social and property status, occupation, the residence have the equal rights and obligations. The persons which are in the territory of the Republic of Kazakhstan and who are not her citizens have the rights and freedoms, and also perform the duties established by the Constitution, the laws and interstate agreements of the Republic of Kazakhstan, except for the withdrawals established by the laws and interstate agreements of the Republic.

Infringement of civil equality is pursued under the law.

Article 7. The Republic of Kazakhstan has the nationality. For all Kazakhs who by force left the territory of the republic and living in other states the right to have nationality of the Republic of Kazakhstan along with nationality of other states is recognized if it does not contradict the laws of the states which citizens they are.

The Republic of Kazakhstan regulates migratory processes. The Republic of Kazakhstan creates conditions for return to its territory of persons which by force left the republic territory during the periods of mass repressions, violent collectivization as a result of other inhuman political actions, and their descendants, and also for the Kazakhs living in the territory of the former federal republics.

Article 8. Revival and cultural development, traditions and language, strengthening of national advantage of the Kazakh nation and representatives of other nationalities living in Kazakhstan are one of the most important obligations of the state.

The Republic of Kazakhstan shows care of satisfaction of national and cultural, spiritual and language needs of the Kazakhs living beyond its limits, protects their interests on the basis of the agreements signed with those states which citizens they are.

Chapter 3. Public authorities of the Republic of Kazakhstan

Article 9. The government in the Republic of Kazakhstan is under construction and performed proceeding from the principle of its separation on legislative, executive and judicial.

The right to act on behalf of the people of the republic belongs to the Supreme Council and the President of the Republic of Kazakhstan.

Article 10. The legislature is performed by the Supreme Council of the Republic of Kazakhstan.

The head of the Republic of Kazakhstan and its executive authority is the President.

Judicial authority belongs to the Supreme Court and the Supreme Arbitration Court of the Republic of Kazakhstan.

The supreme body of judicial protection of the Constitution is the Constitutional court of the Republic of Kazakhstan.

Chapter 4 Economic bases of the state independence of the Republic of Kazakhstan

Article 11. In exclusive property of the Republic of Kazakhstan, constituting basis of its state independence, there are earth and its subsoil, waters, airspace, plant and animal life, other natural resources, economic and scientific and technical potential.

The Republic of Kazakhstan has the independent economic system corresponding to the status of the independent state and which is based on variety and equality of all patterns of ownership.

The Republic of Kazakhstan provides protection of property rights of other states, their citizens and the organizations performing economic and other activity in the territory of the Republic of Kazakhstan according to the legislation of the republic.

Article 12. The Republic of Kazakhstan has the National national bank, has the right to create the financial and credit, cash systems, will organize republican tax and customs systems.

The Republic of Kazakhstan creates the gold stock, diamond and currency funds.

Chapter 5 Republic of Kazakhstan - Member of the World Community

Article 13. The Republic of Kazakhstan is subject of international law, exchanges diplomatic and consular representations, can enter into the international organizations, systems of collective security and to participate in their activities.

Article 14. The Republic of Kazakhstan independently resolves issues of foreign economic activity.

Chapter 6 Protection of the State Independence of the Republic of Kazakhstan

Article 15. The Republic of Kazakhstan takes measures for protection of the independence and strengthening of national statehood.

Any intervention in the solution of the questions constituting the inalienable right of the republic is regarded as infringement of its state independence.

Article 16. The Republic of Kazakhstan for the purpose of protection of the independence and territorial integrity has the right to creation of own armed forces. The republic independently determines procedure and conditions of passing by her citizens of military service, resolves issues of accommodation of troops, arms and the equipment in the territory.

Chapter 7 Final provisions

Article 17. The Republic of Kazakhstan has the state symbols - the coat of arms, flag, the anthem.

The capital of the Republic of Kazakhstan - the city of Alma-Ata.

Article 18. This Law along with the Declaration on the state sovereignty of the Kazakh SSR forms basis for development of the new Constitution of the Republic.

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