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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 2, 1995 No. 2592

About republican referendum

(as amended on 05-05-2022)

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, fundamental principles of activities of the Republic;

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.

3. The commissions of referendum inform citizens on the work on the organization of holding referendum, on formation of sites for vote, structure, the location and working hours of the commissions, on lists of the citizens having the right to participate in referendum.

4. When holding referendum there can be representatives of public associations of the republic, observers from foreign states and the international organizations which powers make sure of the procedure established by the Central commission of referendum. Intervention of representatives and observers in work of the commissions of referendum is not allowed.

5. Mass media light the course of preparation and holding referendum; access to the actions connected with holding referendum is guaranteed to their representatives accredited under the commissions of referendum.

Article 7. Propaganda before republican referendum

1. To citizens, the right to express the opinion on the question (questions) submitted (taken out) for referendum, at meetings, meetings, descents of citizens in mass media is guaranteed to public associations of the republic.

2. All propaganda printed materials shall contain data on the organization which released these materials, the place of their printing and circulation, persons responsible for their release. Distribution of anonymous propaganda materials is forbidden.

3. Propaganda of violent change of the constitutional system, violation of integrity of the republic, undermining safety of the state, war, social, racial, national, religious, class and patrimonial superiority, and also cult of cruelty and violence is not allowed.

4. In the day preceding referendum and in day of holding referendum propaganda is forbidden. The printed propaganda materials, posters which are earlier hung out out of rooms for vote can remain on former places.

Article 8. Providing republican referendum

1. The expenses connected with preparation and holding referendum are made only at the expense of the republican budget.

2. State bodies, local government bodies, and also the organizations, irrespective of pattern of ownership, make available to the commissions of referendum of the room, the equipment and vehicles necessary for preparation and holding referendum.

3. Any direct or indirect participation of the international organizations and international public associations, foreign state bodies, legal entities and citizens, stateless persons in financing and other providing the actions connected with referendum is forbidden.

Article 9. Legislation on republican referendum

Treat the legislation on referendum:

1) Constitution of the Republic of Kazakhstan;

2) the Constitutional law of the Republic of Kazakhstan "About elections in the Republic of Kazakhstan" in the part which is not contradicting this Constitutional law;

3) this Constitutional law;

4) the acts of the Central commission of referendum having normative character.

Chapter II Appointment and preparation of republican referendum

Article 10. Right of purpose of republican referendum

The right of announcement of referendum belongs to the President of the Republic of Kazakhstan.

Article 11. Initiative about purpose of republican referendum

1. The initiative of announcement of referendum belongs:

1) to the President of the Republic of Kazakhstan;

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