Anaya Nolan
Kazakhstan has a variety of laws that set it apart from other countries. The country's legal system is based on a civil law system, with a strong influence from Russian law. The Constitution of Kazakhstan, adopted in 1995 and amended several times since, serves as the foundation of the country's legal framework. It establishes a presidential form of government and outlines the powers of the president, parliament, and other state bodies. Notably, Kazakhstan's laws provide for workers' rights to form and join unions, with certain restrictions, and the country has taken steps to address domestic violence and protect the rights of its citizens, including those with disabilities. In addition, Kazakhstan has unique laws regarding the legal status of foreigners, mass media, and the approval of passport and identity card samples. The country's legislation also prohibits discrimination based on race or ethnic origin and promotes the rights of women and minority groups to participate in politics.
| Characteristics | Values |
|---|---|
| Highest representative body | Bicameral Parliament, consisting of the Senate and the Majilis |
| Highest judicial body | Supreme Court of the Republic of Kazakhstan |
| Rights | The law provides for workers' rights to form and join unions |
| Citizenship | Can be revoked for terrorism and other grievous harm to the state's interests |
| Government | Must resign when the newly elected Parliament's lower chamber, Majilis, starts work |
| Constitution | Has the highest juridical force and direct effect on the entire territory of the Republic |
| Law | Normative documents are issued in the state and Russian languages |
| Law | Prohibits discrimination based on race or ethnic origin and media content that promotes interethnic discord |
| Law | On mass media of July 23, 1999 (amended as of 02-04-2019) |
| Law | On legal status of foreigners of June 19, 1995 |
| Law | On nationality of the Republic of Kazakhstan of December 20, 1991 (amended as of 16-04-2018) |
| Law | On prevention of domestic violence of December 4, 2009 (amended as of 12-07-2018) |
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What You'll Learn
The right to form and join unions
The Federation of Trade Unions of the Republic of Kazakhstan (FTUK) is the largest national trade union association, with approximately 90% of union members. However, in 2018, the International Trade Union Confederation suspended the FTUK's membership due to a lack of independence. This suggests that the government favours state-affiliated unions over independent ones.
Kazakhstan has been criticised for violating union rights and failing to fulfil its obligations under ILO Conventions 87 and 98. The government has been urged to take action to respect international obligations and improve workers' rights, including the registration of new unions.
The Labour Code of the Republic of Kazakhstan outlines the basic rights and obligations of employees, including the right to establish a trade union and the right to membership. It also specifies that the interests of employees are represented by the bodies of trade unions or, in their absence, elective representatives. Employees who are not members of a trade union can delegate the right to represent their interests to trade union bodies or elective representatives.
The labour legislation of the Republic of Kazakhstan is based on the Constitution and consists of the Labour Code, laws of the Republic, and other normative legal acts. International treaties ratified by Kazakhstan are applied directly to labour relations, except when a treaty specifies that a law is required for its application. The purpose of labour legislation is to legally regulate labour relations and protect the rights and interests of the parties involved, establishing minimum guarantees of rights and freedoms in the labour area.
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Special privileges for the first president
Nursultan Nazarbayev was the first president of Kazakhstan, serving from 1991 to 2019. In March 2019, Nazarbayev resigned from the presidency amid protests and increasing discontent, handing over power to Kassym-Jomart Tokayev.
As the first president, Nazarbayev held several privileges and titles. Notably, he was granted the title "Elbasy," or "Father of the Nation," in 2010. This title was added to the existing "Law on the First President," which secured for Nazarbayev and his family privileges beyond those of other presidents. These privileges included exemption from term limits, immunity from prosecution, and financial benefits. Nazarbayev also retained key positions after his resignation, such as chairmanship of the National Security Council and lifetime membership in the Constitutional Council.
However, in January 2022, amid violent unrest, Tokayev unilaterally removed Nazarbayev from the Security Council. Following this, a constitutional referendum was held in June 2022, which resulted in the removal of the "Elbasy" title and other references to the first president. Subsequently, in January 2023, the Constitutional Court annulled the "Law on the First President," stripping Nazarbayev of his remaining privileges and those of his family members.
Despite losing his official titles and privileges, Nazarbayev remains a significant figure in Kazakh politics due to his long tenure and influence.
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Citizenship requirements
Citizenship in Kazakhstan is a stable political and legal relationship between a person and the state, expressing the totality of their mutual rights and obligations. Citizenship can be acquired by birth, as a result of conferment, on the grounds or in the manner provided by interstate agreements, and on other grounds stipulated by law.
Kazakhstan does not allow dual citizenship. Any person obtaining a second citizenship loses their Kazakhstani citizenship and must report the acquisition of the new citizenship to the internal affairs bodies within 30 days. They must also hand over their Kazakhstani passport and/or ID card.
To acquire citizenship, a person holding a foreign citizenship must submit a written application to the internal affairs bodies with an application for the renunciation of their foreign citizenship. If the application for Kazakh citizenship is accepted, the person must renounce their original passport to the authorised body of their former citizenship within 30 days.
Citizenship of the Republic of Kazakhstan may be granted to:
- Individuals permanently residing in the country on legal grounds, regardless of the length of residence.
- Minors, disabled individuals, and those with special merits to the country, or those with professions that meet the requirements on the list established by the President of Kazakhstan, and their families.
- Citizens of former Soviet republics who have arrived for permanent residence in Kazakhstan and have close relatives who are Kazakhstani citizens. This includes children (including adopted children), spouses, parents (including adoptive parents), siblings, grandparents, and grandchildren, regardless of their residence in the country.
- Individuals who have been married to a Kazakhstani citizen for at least three years.
- Citizens of former union republics with close relatives who are Kazakhstani citizens, regardless of the length of their stay in the country.
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Media laws
Kazakhstan's media laws have been criticised by various organisations for their restrictive nature and the potential for abuse. The country's constitution guarantees freedom of the press, but privately-owned and opposition media outlets have faced censorship and even closure.
The Mass Media Law of 1999, amended in April 2019, establishes the state's guarantee of freedom of the press in accordance with the constitution. However, this law also requires all media outlets, except websites, to register with the Ministry of Culture, Information and Sports. This has been criticised as a way to control the media, with the government directly or indirectly controlling most major outlets.
In 2022, President Kassym-Jomart Tokayev signed a controversial law requiring foreign social media companies to establish local offices headed by Kazakh nationals in order to operate in the country. This law, presented as a measure to combat cyberbullying, has been criticised by organisations such as Access Now as a potential tool for censorship and abuse, giving the government easier access to pressure local staff of social media companies.
Kazakhstan's Criminal Code prohibits the "incitement of social, national, clan, racial, or religious discord" and the "insult to national honour and dignity or religious feelings of citizens". It also prohibits "propaganda of exclusivity, superiority or inferiority" based on religion, class, national, generic, or racial identity. These laws have been used to censor and prosecute individuals and media outlets, with critics arguing that the vague definitions of "extremism" and "illegal content" allow for the prosecution of political opponents and religious groups.
The country has also been criticised for its restriction of journalist access to government officials and buildings. In 2024, journalist Zhaniya Urankayeva had her credentials revoked for violating recently introduced rules restricting access to top government officials. This incident sparked a media backlash, with journalists claiming that authorities are becoming increasingly inaccessible for comments and policy debates.
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Eligibility for head of state
The President of Kazakhstan, officially the President of the Republic of Kazakhstan, is the executive head of state of Kazakhstan and the commander-in-chief of the Armed Forces of the Republic of Kazakhstan. The President is the highest-ranking official in the country and is elected directly by the people of Kazakhstan.
To be eligible to become the President of Kazakhstan, a person must be a citizen of Kazakhstan and be at least 40 years old. The President is elected for a five-year term, although there have been criticisms of the fairness of the elections. The candidate who receives more than 50% of the votes is deemed elected. If no candidate receives more than 50% of the votes, a second round of elections is held between the two candidates who received the most votes, and the candidate with the most votes in the second round is elected.
The first President of Kazakhstan, Nursultan Nazarbayev, served in office for nearly three decades until his resignation in March 2019. Notably, the first President of Kazakhstan possesses absolute immunity for all actions performed while in office and remains a government official until death. Following Nazarbayev's resignation, Kassym-Jomart Tokayev assumed the presidency and was then elected in the June 2019 presidential election.
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Frequently asked questions
The Republic of Kazakhstan has a bicameral Parliament, consisting of the Senate and the Majilis. The country also has a President, who is the head of state.
According to the 1995 Constitution, a citizen must be at least 40 years old, have perfect command of the state language, have lived in Kazakhstan for at least 15 years, and have a higher education to be eligible for the office of President.
Kazakhstan has laws that provide for workers' rights to form and join unions, with certain restrictions. There are also laws that prohibit discrimination based on race or ethnic origin and media content that promotes interethnic discord. Additionally, the country has a law on the prevention of domestic violence.
The Supreme Court of the Republic of Kazakhstan is the highest judicial body for civil and criminal cases. The court also supervises the activities of other courts and interprets issues of judicial practice. Judges are independent and subject only to the Constitution and the law, and any interference in the administration of justice is punishable by law.
