Unofficial translation
On the Republican Referendum
Constitutional Law of the Republic of Kazakhstan dated 02.11.1995, No. 2592.
Footnote: The title as amended by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999, No. 376.
This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan shall determine the order of appointment, preparation for and conduct of the republican referendum.
Footnote: The preamble to the wording of the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999, No. 376.
Article 1. Definition of a Republican Referendum
1. A republican referendum is a national vote on drafts of the Constitution, constitutional laws, laws and decisions on other most important issues of the public life in the Republic of Kazakhstan.
2. A referendum shall be conducted on the whole territory of the Republic.
Article 2. Subject of a Republican Referendum
The subject of a referendum may be:
1) adoption of the Constitution, constitutional laws, laws of the Republic, amendments and additions thereto;
2) decision of other most important issues of the Republic’s public life.
Article 3. Issues that Cannot be the Subject of a Republican Referendum
The following issues may not be the subject of the referendum:
1) issues that may result in violation of constitutional rights and freedoms of individuals and citizens;
2) changes in the independence, unitarity and territorial integrity of the Republic, the form of its governance, fundamental principles of the Republic’s activity;
3) administrative-territorial structure and borders of the Republic;
4) justice, defence, national security and protection of public order;
5) budget and tax policy;
6) amnesty and clemency;
7) appointment and election to the position, dismissal from the position of persons under authority of the President, the Chambers of the Parliament and the Government of the Republic;
8) implementation of obligations arising from international treaties of the Republic.
Footnote: Article 3 as amended by the Constitutional Laws of the Republic of Kazakhstan dated 15.06.2017 No.75-VI (shall enter into force from the date of its first official publication); dated 05.05.2022 No. 119-VII (shall enter into force from the date of its first official publication)
Article 4. Principles of Conduct of a Republican Referendum
Conduct of a referendum shall be based on the following principles:
1) voluntary participation in a referendum and free expression of the citizens’ will;
2) universal, equal and direct right of citizens to take part in a referendum by secret ballot;
3) publicity.
Article 5. Right to Take Part in the Republican Referendum
1. Citizens of the Republic, who have reached the age of 18 regardless of origin, social, official and property status, gender, race, nationality, language, religion, belief, place of residence and any other conditions shall have the right to take part in the referendum. Citizens recognised as legally incompetent by court, as well as those held in places of deprivation of liberty by a court verdict, shall not have the right to participate in a referendum. Any direct or indirect restriction of the rights of other citizens of the Republic to participate in a referendum shall be unacceptable and shall be punishable by law.
2. Citizens shall take part in a referendum on equal basis and each of them shall have one vote or equal number of votes, respectively.
3. Citizens shall take part in referendum directly.
Article 6. Publicity in the Organisation and Conduct of a Republican Referendum
1. Organisation and conduct of a referendum shall be carried out openly and publicly.
2. The decision to hold a referendum and the issue(s) submitted to it shall be brought to the attention of citizens by the mass media.
3. A referendum commission shall inform citizens about their work on the conduct of the referendum, formation of polling stations for voting, composition, location, working hours of the commissions and lists of citizens eligible to take part in the referendum.
4. Representatives of public associations of the Republic, observers of foreign states and international organisations, whose powers are certified according to the order established by the Central Referendum Commission, shall be eligible to be present in the conduct of a referendum. Interference of representatives and observers in the work of commissions shall not be allowed.
5. The mass media shall cover the course of preparation and conduct of a referendum, their representatives, accredited to referendum commissions, shall be guaranteed access to events related to the conduct of a referendum.
Article 7. Campaigning Prior to a Republican Referendum
1. Citizens, public associations of the Republic shall be guaranteed the right to express their opinion on the issue(s) submitted to a referendum at meetings, rallies, gathering of citizens, in the mass media.
2. All printed campaign materials shall contain information about the organisation which has issued these materials, place of printing and number of copies, individuals responsible for printing. Distribution of anonymous campaign materials shall be prohibited.
3. Campaigning in favour of forcible change of the constitutional system, violation of the Republic’s integrity, undermining the state security, war, social, racial, national, religious, class and tribal superiority as well as cult of cruelty and violence shall be prohibited.
4. Campaigning shall be prohibited on the day preceding a referendum and on the day of the referendum. Printed campaign materials, posters, previously posted outside the polling stations, may be kept in their original places.
Article 8. Provision of a Republican Referendum
1. The costs, associated with preparation for a referendum and its conduct, shall be covered exclusively from the republican budget.
2. State bodies, bodies of local self-government and organisations regardless of form of ownership shall provide a referendum commission with premises, equipment and vehicles required for the preparation for a referendum and its conduct.
3. Any direct or indirect involvement of international organisations and international public associations, foreign state bodies, legal entities and citizens, stateless persons in financing and rendering other support to the activities associated with a referendum, shall be prohibited.
Article 9. Legislation on the Republican Referendum
Legislation on referendum shall include:
1) the Constitution of the Republic of Kazakhstan;
2) the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” in the context, which does not contradict this Constitutional Law;
3) this Constitutional Law;
4) acts of the Central Referendum Commission of the regulatory nature.
PART II. APPOINTMENT AND PREPARATION OF A REPUBLICAN REFERENDUM
Article 10. Right to Call a Republican Referendum
The right to call a referendum shall belong to the President of the Republic of Kazakhstan.
Article 11. Initiative to Call the Republican Referendum
1. The initiative to call a Republican referendum shall belong to:
1) the President of the Republic of Kazakhstan;
2) the Parliament of the Republic of Kazakhstan, which applies with the initiative to call a referendum to the President of the Republic of Kazakhstan. The initiative shall be put forward by the Parliament in a separate session of the Chambers by sequential consideration of the issue, first in the Mazhilis, and then in the Senate, and shall be formalised by the relevant resolutions of the Chambers of the Parliament;
3) the Government of the Republic of Kazakhstan, which applies with the initiative to call a referendum to the President of the Republic of Kazakhstan. The initiative shall be put forward by the Government at its meeting by a majority of votes from the total number of its members and shall be formalised by an appropriate resolution;
4) no less than two hundred thousand citizens of the Republic who have the right to participate in a republican referendum, in quantitative terms equally representing all regions, the capital of the Republic and cities of republican significance, who apply with the initiative to call a referendum to the President of the Republic.
2. Proposals to call a referendum on the same issue(s) may be submitted and considered again by the President of the Republic not earlier than two years after the adoption of the previous decision on the specified issue(s).
Footnote. Article 11 as amended by the Constitutional Law of the Republic of Kazakhstan dated 04.05.2008 No. 30-IV (see Article 2 for the procedure for enactment).
Article 12. Formation of an Initiative Group on the Issue of Calling a Republican Referendum
1. If citizens come up with the initiative to hold a referendum, a referendum initiative group shall be formed, which shall include at least three representatives from each region, the capital of the Republic of Kazakhstan and cities of republican significance.
2. A referendum initiative group shall be formed at a meeting attended by citizens entitled to participate in a referendum, but no less than thirty representatives from each region, the capital of the Republic of Kazakhstan and cities of republican significance.
3. No later than ten days before the meeting, its initiators shall notify in writing the time, place and purpose of the meeting to the local executive body on which territory it will be held.
4. Before the start of the meeting, registration of the meeting participants shall be carried out, a list shall be compiled with the obligatory indication of their last names, first names, patronymics, place of residence and data of an identity document of a citizen of the Republic of Kazakhstan.
5. Members of a referendum initiative group shall be elected by a majority vote of the meeting participants. The list of the initiative group shall indicate the last name, first name, patronymic and place of residence of each member of the group. The issue proposed for a referendum shall be clearly formulated by the initiative group so that an unambiguous answer is possible to it.
1. A referendum initiative group shall apply to the Central Election Commission with a request to register the group and the issue(s) proposed by it for a referendum.
2. Registration shall be carried out in the presence of the following documents:
1) applications for registration of the group and registration of the issue(s) suggested by it to a referendum;
2) minutes of the meeting at which the initiative group was formed;
3) a list of members of the initiative group.
3. The initiative group and the issue(s) suggested by it for a referendum shall be registered by the Central Election Commission within ten days from the date of application for registration. Information about this shall be reported by the Central Election Commission to the media.
4. A referendum initiative group shall be issued a certificate of registration of the group and the issue(s) suggested by it for a referendum within five days from the date of registration. The form of the certificate of registration shall be approved by the Central Election Commission.
5. Registration may be denied in cases of violation of the requirements of this Constitutional Law. The refusal of the Central Election Commission to register the initiative group and the issue(s) suggested by it for a referendum may be appealed within ten days to the Supreme Court of the Republic, which considers the complaint within ten days from the date of its submission. The decision of the Supreme Court shall be final.
Article 14. Procedure and Terms for Collection of Signatures
1. The collection of signatures of citizens shall be organised by a referendum initiative group from the date of receipt of the registration certificate of the group and the issue(s) suggested by it for a referendum, and shall be carried out by members of the group who have the right to participate in the republican referendum.
2. Issuance of signature sheets to a referendum initiative group shall be carried out by the Central Election Commission simultaneously with the issuance of a certificate of registration of the group and the issue(s) suggested by it for the referendum.
3. The signature sheets shall include the wording of the issue(s) suggested by the initiative group for a referendum.
4. The person collecting signatures shall present a copy of the registration certificate of the initiative group and the issue(s) suggested by it for a referendum. Each citizen shall have the right to sign the signature sheet only once. In this case, the citizen shall present a document proving his/her identity. The signature of a citizen shall be supplemented by an indication of his/her last name, first name, patronymic, place of residence, data of the identity document, and the date of signing the sheet.
5. Each completed signature sheet shall be signed by the person collecting signatures.
6. Signature sheets of an unspecified form, as well as signature sheets filled out in violation of other requirements of this Constitutional Law, shall be invalid.
7. Within three days after the end of the collection of signatures, the completed signature sheets shall be handed over by the persons collecting signatures to the territorial election commission, which, within ten days, shall check the authenticity of the signatures of citizens on the signature sheets with the involvement of passport service employees, shall draw up the appropriate protocol and send it to the Central Election Commission.
Article 15. Responsibility for Violation of the Procedure for Collecting Signatures
1. In case of revealing false signatures, violations of the procedure for collecting signatures and filling out signature sheets, the chairman of the territorial election commission shall make a corresponding submission to the Central Election Commission.
2. The Central Election Commission, within a month from the date of submission, may decide to terminate the activities of the members of the initiative group who committed violations, to invalidate the signature sheets in which violations of the requirements of this Constitutional Law were found.
3. Re-election of members of the initiative group, in respect of which a decision has been made to terminate their activities, during the preparation and holding of this referendum shall not be allowed.
4. In case of repeated violation of the procedure for collecting signatures and drawing up signature sheets by the initiative group, the Central Election Commission may decide to terminate the activities of a referendum initiative group and revoke its registration certificate.
1. The signature sheets completed and verified by the relevant territorial election commission shall be submitted by the persons who collected signatures to a referendum initiative group. The initiative group shall draw up summary data on the results of the collection of signatures and, no later than ten days from the date of completion of the collection of signatures, shall submit the completed signature sheets and summary data to the Central Election Commission.
2. The Central Election Commission, subject to the compliance of the submitted signature sheets with the requirements of this Constitutional Law, shall enter the results of the collection of signatures in the final protocol. A proposal to hold a referendum, together with the final protocol on the results of the collection of signatures, shall be sent to the President of the Republic of Kazakhstan within one month from the date of receipt of documents from a referendum initiative group.
3. The procedure and terms for storing signature sheets and final protocols based on the results of signature collection shall be determined by the Central Election Commission.
The President of the Republic, at the initiative of the Parliament, the Government or the citizens of the Republic, shall take one of the following decisions to call a referendum:
1) on calling a referendum;
2) on the need to introduce amendments and additions to the Constitution, adopt a constitutional law, law or other decision on the issue(s) suggested as the subject of a referendum, without holding it;
3) on the rejection of the initiative to call a referendum.
1-1. If the President of the Republic rejects the proposal of the Parliament to submit amendments and additions to the Constitution for a republican referendum, then the Parliament shall have the right, by a majority of at least four-fifths of the total number of deputies of each of the Chambers of the Parliament, to adopt a law on introducing these amendments and additions to the Constitution. In such a case, the President of the Republic shall sign this law or submit it to a republican referendum.
Footnote. Article 17 is supplemented by paragraph 1-1 – by the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 No. 376.
Article 18. Decision to Call a Republican Referendum
1. The decision to call a referendum shall be made by the President of the Republic by issuing an appropriate Decree, which shall establish:
1) the date of a referendum;
2) the wording of the issue(s) submitted to it;
3) resolution of other issues related to holding a referendum.
2. The President of the Republic, with the consent of the initiators of the referendum before it is held, shall have the right to clarify the wording of the issue(s) submitted to the referendum in order to more accurately express the will of its initiators.
3. The decree of the President of the Republic on calling a referendum, the texts of the draft Constitution, constitutional law, law, amendments and additions to them shall be published in the mass media.
Article 19. Term of the Republican Referendum
The referendum shall be held not earlier than one and not later than three months from the date of adoption of the decision on its appointment. In exceptional cases, the President of the Republic may establish other terms for holding a referendum.
Article 20. Republican Referendum Commissions
1. The preparation and conduct of a referendum shall be carried out by:
1) the Central Election Commission of the Republic of Kazakhstan, performing the functions of the Central Referendum Commission;
2) territorial election commissions of the Republic of Kazakhstan, performing the functions of territorial referendum commissions;
3) precinct election commissions performing the functions of precinct referendum commissions.
2. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication).
Footnote. Article 20 as amended by the Constitutional Law of the Republic of Kazakhstan dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication).
Article 21. Powers of the Central Referendum Commission
1. The Central Referendum Commission shall:
1) exercise control throughout the territory of the Republic over the implementation of the legislation on a referendum, ensure its uniform application; adopt, within its competence, decisions that are binding on the entire territory of the Republic;
2) organise the preparation and conduct of a referendum;
3) draw up and submit to the Government of the Republic a draft estimate of expenses for organising and holding a referendum;
4) manage referendum commissions, cancel and suspend their decisions; distribute among them funds for organising and holding a referendum;
5) control the state of material and technical support of referendum commissions;
6) consider applications and complaints about violations of the legislation on referendum;
7) establish the forms and texts of ballot papers, lists of voters, signature sheets, and other documents required for holding a referendum; voting time; the procedure for storing referendum documents;
8) have the right to hear reports from the referendum commission, state bodies and their officials on issues related to the preparation and conduct of a referendum, as well as information from bodies of public associations on issues of compliance with election legislation;
9) inform citizens about the course of preparation of a referendum;
10) sum up the results of the referendum as a whole in the Republic, ensure the transmission of a message about it in the mass media;
11) register a referendum initiative group and the issue(s) suggested by it for a referendum, and place an official announcement about it in the mass media;
12) approve the form of the registration certificate of a referendum initiative group;
13) issue a certificate of registration of a referendum initiative group simultaneously with the issuance of signature sheets;
14) decide on the termination of the activities of the members of the initiative group, the activities of the initiative group and on the withdrawal of the certificate of its registration in the cases provided by this Constitutional Law;
15) recognise the holding of a referendum in certain precincts (administrative-territorial units) as invalid in cases provided by this Constitutional Law.
2. Sessions of the Central Referendum Commission shall be competent if at least two thirds of the total number of its members are present.
3. The Central Referendum Commission shall adopt its decisions by a majority vote of the total number of its members. <*>
Footnote. Article 21 was amended by the Constitutional Law of the Republic of Kazakhstan dated 24.11.2004 No. 604 (shall be enforced from 01.01.2005).
Article 22. Powers of Territorial Referendum Commissions
1. Territorial referendum commissions shall:
1) excluded by the Constitutional Law of the Republic of Kazakhstan dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication);
2) exercise control over the implementation of the legislation on a referendum on the territory of the respective administrative-territorial units;
3) organise the activities of precinct commissions, distribute among them the funds allocated for holding a referendum;
4) control the state of material and technical support of precinct referendum commissions;
5) consider applications and complaints about violations of the legislation on referendum;
6) have the right to hear reports from precinct referendum commissions, local state bodies and their officials on issues related to the preparation and conduct of a referendum, as well as information from bodies of public associations on issues related to the preparation and conduct of the referendum;
7) receive protocols on voting results from precinct referendum commissions, sum up the results of a referendum on the territory of the respective administrative-territorial unit;
8) verify the signature sheets of the referendum initiative group for compliance with the requirements established by this Constitutional Law.
2. Meetings of territorial referendum commissions shall be competent if at least two thirds of the total number of their members are present.
3. Territorial referendum commissions shall adopt their decisions by a majority vote of the total number of their members. <*>
Footnote. Article 22 as amended by the Constitutional Laws of the Republic of Kazakhstan dated 24.11.2004 No. 604 (shall be enforced from 01.01.2005); dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication).
Article 23. Powers of Precinct Referendum Commissions
1. Precinct referendum commissions shall:
1) excluded by the Constitutional Law of the Republic of Kazakhstan dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication);
2) acquaint citizens with the lists of citizens who have the right to participate in a republican referendum, consider statements about errors and inaccuracies in the lists, resolve issues on making appropriate changes to them;
3) inform citizens about the day, time, place and procedure for voting;
4) prepare the premises and ensure the production of booths and ballot boxes;
5) organise voting at the polling station on the day of the referendum;
6) carry out the counting of votes and determine the results of voting at the polling station;
7) consider applications and complaints regarding the preparation and organisation of voting at the polling station and take decisions on them;
8) take decisions on recognising ballots as invalid.
2. Meetings of precinct referendum commissions shall be competent if at least two thirds of the total number of their members are present.
3. Precinct referendum commissions shall adopt their decisions by a majority of votes of the total number of their members, except for cases when, in accordance with this Constitutional Law, a two-thirds majority of votes of the total number of members of the commission is required for the adoption of a decision. <*>
Footnote. Article 23 as amended by the Constitutional Laws of the Republic of Kazakhstan dated 24.11.2004 No. 604 (shall be enforced from 01.01.2005); dated 15.06.2017 No. 75-VI (shall be enforced from the date of its first official publication).
Article 24. Ensuring Conditions for the Activities of Referendum Commissions
1. Decisions of referendum commissions adopted within the limits of their powers shall be binding on all state bodies, local self-government bodies, organisations, as well as their officials in the relevant territory.
2. The chairman, deputy chairman, secretary or member of a referendum commission may, by decision of the commission, be relieved during the period of preparation and conduct of a referendum from the performance of production or official duties, while retaining the average salary from the funds allocated for the conduct of a referendum.
3. State bodies, local self-government bodies, organisations, as well as their officials, shall be obliged to assist referendum commissions in exercising their powers, provide information and materials necessary for their work, and provide other assistance.
PART III. THE PROCEDURE FOR HOLDING A REPUBLICAN REFERENDUM
Article 25. Lists of Citizens Entitled to Participate in the Republican Referendum
Drawing up lists of citizens who have the right to participate in a referendum, including citizens in them, appealing against the facts of non-inclusion in the list, incorrect inclusion in the list or exclusion from the list, inaccuracies made in it, as well as ensuring the right to participate in a referendum of citizens when they change their place of residence shall be carried out in accordance with the rules established by the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan.”
Article 26. Notification of the Time and Place of Voting During the Republican Referendum
1. The precinct referendum commission shall notify citizens of the time and place of voting at least ten days prior to voting day.
2. The texts of the issue submitted to the referendum, the draft Constitution, the constitutional law, the law, amendments and additions to them shall be posted in a visible place in the polling station.
Article 27. Ballot for Voting During a Republican Referendum
1. The voting ballot shall contain the wording of each question put forward and options for the voter’s answer.
2. If several questions are submitted to a referendum at once, then the ballot papers used for each of them shall differ in colour.
3. Voting ballots shall be printed in Kazakh and Russian languages, as well as in the language of the majority of the population densely residing in the territory of the respective administrative-territorial unit.
4. The procedure for the production of voting ballots shall be determined by the Central Referendum Commission.
5. Precinct referendum commissions shall be provided with ballot papers no later than seven days prior to the conduct of the referendum.
Article 28. Invalid Ballots when Summarising the Results of the Republican Referendum
1. The following ballots shall be recognised as invalid ballots when summarising the results of a referendum:
1) unidentified sample;
2) which do not contain the signature of a member of the precinct referendum commission;
3) in which none of the answers to the question put to the referendum is marked;
4) in which it is impossible to determine the will of those who voted in the referendum.
2. Ballot papers containing all possible answers to the question put to the referendum shall be recognised as valid but shall not be taken into account when counting votes.
3. If a disagreement arises regarding the invalidation of ballots when summarising the results of a referendum, the issue shall be resolved by the precinct referendum commission by voting. In this case, the decision shall be made by at least two-thirds of the votes of the total number of members of the commission. <*>
Footnote. Article 28 as amended by the constitutional laws of the Republic of Kazakhstan dated 24.11.2004. No. 604 (shall be enforced from 01.01.2005); dated 05.05.2022 No. 119-VII (shall be enforced from the date of its first official publication).
Article 29. Voting During a Republican referendum
The time, place, organisation and procedure for voting in a referendum shall be determined in accordance with the rules established by the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan.”
When voting, a citizen shall put any mark in the empty box to the right of the answer option for which he/she votes.
Footnote. Article 29 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.05.2022 No. 119-VII (shall be enforced from the date of its first official publication).
Article 30. Counting Votes and Determining the Results of a Republican Referendum
1. When counting votes, the precinct referendum commission shall establish:
1) the total number of citizens in the polling station who have the right to participate in a republican referendum;
2) the number of citizens who received ballots;
3) the total number of citizens who took part in the voting;
4) the number of votes cast for a positive resolution of each issue and the number of votes cast for a negative resolution of each issue;
5) the number of ballots declared invalid;
6) the number of ballots recognised as valid, but not taken into account when counting votes.
2. Other issues related to the counting of votes at the polling station, determining the results of voting in an administrative-territorial unit, shall be resolved in accordance with the rules established by the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan,” insofar as it does not contradict this Constitutional Law.
Article 31. Summing Up the Results of a Republican Referendum
1. Based on the submitted protocols of voting results, the Central Referendum Commission shall establish:
1) the total number of citizens of the Republic of Kazakhstan who have the right to participate in a referendum;
2) the number of citizens who took part in the voting;
3) the number of citizens who voted for a positive resolution of an issue put to a referendum, those who voted for a negative resolution of an issue put to a referendum, and the number of ballots declared invalid, separately for each issue put to the vote.
2. A referendum shall be considered valid if more than half of the citizens who have the right to participate in the referendum took part in the voting.
3. A decision on an issue put to a referendum shall be considered adopted if, as a result of voting, more than half of the citizens who took part in the voting voted for its positive decision.
Amendments and additions to the Constitution submitted to a republican referendum shall be considered adopted if more than half of the citizens who took part in the voting voted for them in at least two-thirds of the regions, cities of republican significance and the capital.
4. Voting results shall be summed up at a meeting of the Central Referendum Commission, drawn up in a protocol, signed by the Chairman, Deputy Chairman, secretary and members of the Central Referendum Commission and approved by a resolution.
5. The Central Referendum Commission, when summarising the results of a referendum, may recognise its holding in certain precincts (administrative-territorial units) as invalid, if during the referendum, or when counting votes or determining the results of voting, there were violations of this Constitutional Law and the Constitutional Act of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan.”
Footnote. Article 31 as amended by the Constitutional Law of the Republic of Kazakhstan dated 04.05.2008 No. 30-IV (see Article 2 for the order of enforcement).
1. At the request of the President of the Republic, the Chairmen of the Chambers of the Parliament, at least one fifth of the total number of deputies of the Parliament, the Prime Minister, the Constitutional Council shall decide, in case of a dispute, the issue of the correctness of holding a republican referendum. In this case, summarising the results of a republican referendum shall be suspended for the period of consideration of the appeal.
2. In the event of a dispute on the correctness of holding a republican referendum, the Central Referendum Commission shall submit materials related to the preparation and conduct of the referendum to the Constitutional Council.
3. The Constitutional Council, in case of violation of the Constitution, shall have the right to recognise a referendum as inconsistent with the Constitution of the Republic. In this case, the Central Referendum Commission shall make a decision to invalidate the results of the referendum in those precincts (administrative-territorial units) where the referendum was declared inconsistent with the Constitution, and to conduct a repeat voting within one month in these precincts (administrative-territorial units).
4. The results of a republican referendum recognised as inconsistent with the Constitution shall be declared invalid by the decision of the Central Referendum Commission in the relevant polling stations (administrative-territorial units). Recognition of a conducted referendum as conforming to the Constitution shall entail the resumption of summing up the results of the referendum.
Article 33. Publication of Results of the Republican Referendum
The official report of the Central Referendum Commission on the results of a referendum shall be published in the mass media no later than within seven days from the date of voting.
Article 34. Entry into Force of Decisions Adopted by a Republican Referendum
The Constitution, constitutional laws, laws, amendments and additions thereto adopted at a referendum, decisions on other issues submitted to a referendum shall enter into force from the date of publication of the official announcement of the results of the referendum, unless the Constitution itself, the constitutional law, the law, amendments and additions in them, in the decision adopted at the referendum, establish other terms.
Article 35. Legal Force and Binding Nature of Decisions Adopted by a Republican Referendum
1. The decision adopted by a referendum shall be binding throughout the territory of the Republic of Kazakhstan and shall not need any confirmation by acts of the President or state authorities of the Republic.
2. Inconsistencies between the decision adopted by a referendum and the Constitution, constitutional laws, laws and other regulatory legal acts of the Republic shall be eliminated by bringing the Constitution, constitutional laws, laws and other regulatory legal acts in line with the decision adopted by a referendum.
Article 36. Responsibility for Violation of the Legislation on the Republican Referendum
1. Obstructing in any form the free exercise by a citizen of the Republic of his/her right to participate in a referendum, campaigning on the issue (issues) submitted to it, forgery of election documents, knowingly incorrect counting of votes, violation of the secrecy of voting or other violation of the legislation on the republican referendum shall entail liability in accordance with the procedure established by law.
2. Actions of state bodies and officials on the issues of organising and holding a referendum may be appealed against in court.
Article 37. Procedure for the Entry into Force of this Constitutional Law
This Constitutional Law shall enter into force on the day of its publication.
President of the
Republic of Kazakhstan
© 2012. “Institute of Legislation and Legal Information of the Republic of Kazakhstan” RSE on REM of the Ministry of Justice of the Republic of Kazakhstan
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