CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 2, 1995 No. 2592

About republican referendum

This Constitutional law according to the Constitution of the Republic of Kazakhstan determines procedure for appointment, preparation and holding republican referendum.

Chapter I General provisions

Article 1. Concept of republican referendum

1. Republican referendum - national vote under draft constitutions, the constitutional laws, the laws and decisions on other most important issues of the state life of the Republic of Kazakhstan.

2. The referendum is held in all territory of the republic.

Article 2. Subject of republican referendum

Can be subject of referendum:

1) adoption of the Constitution, constitutional laws, laws of the republic, introduction of changes in them and amendments;

2) solution of other most important issues of the state life of the republic.

Article 3. Questions which cannot be subject of republican referendum

Questions cannot be referendum subject:

1) which can entail violation of constitutional rights and freedoms of man and citizen;

2) changes of independence of the state, unitarity and territorial integrity of the Republic, form of its board, the fundamental principles of activities of the Republic, regulations that the President of the Republic is elected for a period of seven years and the same person it cannot be elected the President of the Republic more than once;

3) administrative-territorial device and borders of the republic;

4) justice, defense, homeland security and protection of public order;

5) budget and tax policy;

6) amnesties and pardons;

7) appointments and elections to position, dismissal of persons relating to maintaining the President, chambers of Parliament and Government of the republic;

8) accomplishment of the obligations following from international treaties of the republic.

Article 4. Principles of holding republican referendum

Holding referendum is based on the principles:

1) voluntariness of participation in referendum and free declaration of will of citizens;

2) the general, equal and direct right of citizens to participation in referendum in case of secret vote;

3) publicity.

Article 5. The participation right in republican referendum

1. The citizens of the republic who reached eighteen-year age regardless of origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances have the participation right in referendum. In referendum have no right to participate the citizens recognized by court incapacitated, and also containing in places of detention according to the court verdict. Any direct or indirect restriction of the rights of other citizens of the republic for participation in referendum is inadmissible and is punished under the law.

2. Citizens participate in referendum on an equal basis and each of them has respectively one voice or equal poll.

3. Citizens participate in referendum directly.

Article 6. Publicity under the organization and holding republican referendum

1. The organization and holding referendum are performed openly and publicly.

2. The decision on holding referendum and the question (questions) which is taken out (taken out) on it are brought to the attention of citizens mass media.

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