CHAPTER 1

THE STATE AND THE PEOPLE

Article 1 — Nature of the State

  1. The Qazaq Republic is a democratic, secular, unitary, and parliamentary republic governed by the rule of law.

  2. The Republic is founded upon respect for human dignity, freedom, justice, equality, political pluralism, and social solidarity.

  3. The people of Qazaq Republic are the sole bearer of sovereignty and the only source of state power.

Article 2 — Sovereignty of the People

  1. The people exercise sovereignty: a) directly, through referendums, popular initiatives, the recall of any elected official, and elections; b) indirectly, through democratically elected representatives and representative institutions.

  2. No person, group, political party, or state body may appropriate or retain state power contrary to the Constitution.

  3. Any attempt to seize power, and any seizure, retention, or exercise of power in violation of the constitutional order, constitute a grave crime against the Republic and shall be punishable by death.

  4. Procedural safeguards and enforcement: investigation, prosecution, and adjudication of crimes against the constitutional order shall be governed by law guaranteeing an independent prosecutorial function, impartial ordinary courts, full due process, and judicial oversight. The Constitutional Court shall have authority to review systemic breaches of the constitutional order and to order provisional measures where necessary to protect constitutional democracy.

Article 3 — Supremacy of the Constitution

  1. The Constitution has the highest legal force and direct effect throughout the territory of the Republic.

  2. All laws, governmental acts, judicial decisions, and administrative measures shall conform to the Constitution.

  3. International treaties shall have legal force only after ratification by Parliament and shall not prevail over the Constitution.

  4. Any legal act contrary to the Constitution is void.

  5. Enforcement mechanism: the Constitutional Court shall have jurisdiction to review and annul laws or administrative acts incompatible with the Constitution, and ordinary courts shall apply constitutional norms directly where applicable. Constitutional law shall provide expedited procedures for cases raising grave or systemic constitutional questions.

Article 4 — Civic Nation and Equality of Citizenship

  1. Qazaq Republic is a civic state founded on equal citizenship.

  2. Citizenship is equal regardless of origin, ethnicity, language, religion, social status, political beliefs, or other circumstances.

  3. The Republic guarantees the unity of the civic nation while protecting cultural, linguistic, and religious diversity.

  4. Citizenship and associate status are governed by Articles 4a and 4b of this Constitution.

  5. No person shall be deprived of citizenship or associate status in a manner that is arbitrary, discriminatory, or contrary to the Constitution. Any such decision shall be reasoned in writing, subject to expedited judicial review, and may not render a person stateless.

Article 4a — Citizenship

  1. A person is a citizen of the Republic by birth if, and only if, both parents are citizens of the Republic at the time of birth. In all other cases the person acquires associate status under Article 4b.

  2. A person born on the territory of the Republic under paragraph 1 holds citizenship of the Republic only. Dual citizenship is not permitted for persons born on the territory of the Republic.

  3. A person born abroad under paragraph 1 holds citizenship of the Republic and may simultaneously hold the citizenship of the country of birth. Such dual citizenship arises by birth abroad only and may not be extended by law to persons born on the territory of the Republic.

  4. Dual citizenship with a state that conducts armed aggression against the Republic, supports armed actions against it, or commits hostile acts against the Republic as defined by constitutional law, is prohibited. A citizen who acquires or holds the nationality of such a state shall, within the period established by constitutional law, renounce that foreign nationality or renounce the citizenship of the Republic.

  5. The Republic retains sovereign discretion to approve or reject any application for citizenship. No person has an unconditional right to citizenship except as established in paragraph 1.

  6. Citizenship may be revoked only by final judicial decision, only on grounds established by constitutional law, and never in a manner that renders a person stateless.

Article 4b — Associate Status

  1. An associate of the Republic is a person holding a constitutionally recognized legal status that confers all rights and freedoms guaranteed by this Constitution, with the exception of: a) the right to vote in elections and referendums; b) the right to stand for election to public office; c) the right to hold positions in public service reserved by constitutional law for citizens.

  2. The following persons receive associate status: a) a person born on the territory of the Republic whose parents are not both citizens of the Republic at the time of birth; b) a person born on the territory of the Republic who would otherwise be stateless; c) a former citizen of the Republic returning from abroad, upon registration with the competent authority; d) a foreign national admitted to associate status under procedures established by constitutional law.

  3. Associate status shall be documented by a constitutionally recognized identity document issued by the Republic.

  4. A former citizen of the Republic holding associate status under paragraph 2(c) may apply for restoration of citizenship after one (1) year of permanent residence in the Republic. The Republic may approve or reject such application at its discretion.

  5. An associate who has maintained permanent residence in the Republic for ten (10) consecutive years may apply for citizenship. Permanent residence for this purpose requires physical presence in the territory of the Republic for no less than eleven (11) months in each calendar year of the ten-year period. Any calendar year in which the associate was absent for more than one (1) month shall not count toward the ten-year period. Ten years of permanent residence does not guarantee citizenship; the Republic may approve or reject such application at its discretion.

  6. An associate born on the territory of the Republic who has not been granted citizenship may apply for citizenship upon reaching adulthood. The Republic may approve or reject such application at its discretion.

  7. Associate status may be revoked only by final judicial decision, only on grounds established by constitutional law, and never in a manner that renders a person stateless.

  8. Constitutional law shall establish the procedures, documentation, rights, duties, and oversight mechanisms for associate status consistent with this Article.

Article 5 — Territory and Unity of the State

  1. The Qazaq Republic is a unitary and indivisible state.

  2. The territory of the Republic is inalienable and inviolable.

  3. Any attempt to undermine or violate the territorial integrity of the Republic shall be unconstitutional, shall constitute a grave crime against the Republic, and shall be punishable by death.

  4. Territorial-change procedure: changes to territorial boundaries or administrative status shall be made only by law. Any measure that directly or indirectly affects national borders, the unitary character of the state, the status of counties, or the constitutional status of cities of republican significance shall require prior review and approval by the Constitutional Court and, where provided by constitutional law, a national referendum and national legislative procedure. Affected populations shall be consulted through public hearings and transparent procedures; local referendums shall not determine matters of sovereignty, borders, or the unitary character of the Republic. Such measures shall remain subject to ordinary judicial remedies to ensure compliance with constitutional guarantees.

Article 5a — Preservation of the Unitary State

  1. The unitary character of the Republic is inviolable. All constitutional provisions, laws, administrative acts, regulations, and actions of state organs, local authorities, or private persons shall be interpreted and applied in a manner that preserves and protects the unitary nature of the state.

  2. Any legislative, administrative, or judicial measure inconsistent with the unitary character of the Republic is void. The Constitutional Court has authority to review and annul any act that unlawfully undermines the unitary state.

  3. Constitutional and ordinary law shall provide effective remedies and expedited procedures to prevent or redress actions that threaten the territorial integrity or unitary character of the Republic.

Article 6 — Language

  1. The state language of the Qazaq Republic is Kazakh. Kazakh is the sole language of all official state functions, including legislation, public administration, judicial proceedings, state-funded education, official communications, and public records. All laws, judicial decisions, official acts, and state documents are issued in Kazakh and the Kazakh text is the sole authoritative version.

  2. Every person has the right to use their own language in private, family, religious, and community life. The use of other languages outside official state functions is free and unrestricted.

  3. Proficiency in the Kazakh language at the level established by constitutional law is required: a) as a condition for the grant of citizenship by application under Article 4b; b) for appointment or election to any public office or senior civil service position.

  4. The requirement to demonstrate Kazakh language proficiency as a condition for citizenship by application or public office does not constitute prohibited discrimination under this Constitution.

  5. The state shall promote, develop, protect, and fund the Kazakh language as a fundamental element of the national identity and constitutional order of the Republic. Promotion of Kazakh in education, culture, media, and public life is a constitutional duty of the state.

  6. The Government shall maintain an accessible public system of Kazakh language instruction and certification. Constitutional law shall establish proficiency standards, independent oversight of certification, and judicial review of decisions made on language grounds.

Article 7 — Secularism

  1. The Qazaq Republic is a secular state.

  2. No religion shall be recognized as state or mandatory.

  3. Religious associations are separated from political power and are equal before the law.

  4. Religious organizations are subject to state registration and regulation exclusively for the purposes of legality, transparency, and public order.

  5. No religious doctrine may serve as a source of state law.

  6. Registration and limits: registration procedures for religious associations shall be transparent, proportionate, and subject to judicial review; refusal, dissolution, or restrictions on religious associations shall be reasoned and contestable before an independent court. Religious organizations shall not exercise governmental or partisan political power; violations shall be subject to proportionate administrative or criminal sanctions as provided by law.