MPs in the Parliament have approved in the first reading a draft law “On the President of the Republic of Kazakhstan.” The document provides for the systematisation of norms regarding the status of the President, proposes the introduction of the institution of Vice-President, and clarifies the powers of the Head of State in accordance with the updated Constitution.
WHAT THE DRAFT LAW PROVIDES FOR
The draft law was presented by Minister of Justice Yerlan Sarsembayev. He stated that the document implements the new constitutional architecture of state power.
The draft law consists of eight chapters and 43 articles. The first chapter defines the status of the President of the Republic of Kazakhstan, the procedure for assuming office, the term of powers, and restrictions related to holding the post of Head of State.
The document also clarifies provisions on presidential elections, the swearing-in ceremony, and the term of powers, taking into account the abandonment of the institution of snap elections.
According to the minister, the draft retains changes adopted in 2022. This refers to the single seven-year presidential term, the non-partisanship of the President, and restrictions for his close relatives.
WHAT POWERS THE DOCUMENT ENTAILS
The second chapter regulates the powers of the President in the sphere of domestic and foreign policy, interaction with the Kurultai, the Government, and other state bodies.
For the first time, a separate article proposes to enshrine the powers of the President in relation to the Qazaqstan Khalyq Kenesi. The Head of State will be able to approve the composition of the structure and form its organisational infrastructure.
Furthermore, the draft law introduces a separate norm on the powers of the President in relation to the Human Rights Commissioner. According to the document, the President appoints the Ombudsman and hears their annual report.
HOW THE INSTITUTION OF VICE-PRESIDENT WILL WORK
One of the key innovations of the draft law is the proposal to introduce the institution of Vice-President of the Republic of Kazakhstan. This mechanism is aimed at ensuring the stability of the public administration system and the continuity of the work of higher state bodies.
According to the draft law, the Vice-President is appointed by the President with the consent of the Kurultai. It is also proposed to establish qualification requirements for the candidate, grounds for termination of powers, and restrictions similar to the status of the highest official.
The main function of the Vice-President will be to represent the President on his instructions when interacting with state bodies. The detailed regulation of powers will be determined by acts of the President.
The activities of the Vice-President will be supported by the Presidential Administration.
WHAT CHANGES AFFECT THE SYSTEM OF POWER
The fourth chapter provides for the possibility of issuing presidential decrees having the force of a constitutional law or law, in cases provided for by the Constitution. In particular, this refers to the period of temporary absence of the Kurultai due to the early termination of its powers.
Chapters 5–7 are devoted to issues of institutional stability of state power, ensuring the activities of the President, and the status of ex-Presidents. The document states that these norms have been brought into line with the updated Constitution.
WHY THE DOCUMENT IS IMPORTANT
The draft law systematises norms that were previously regulated by separate provisions of the Constitution and legislation. Furthermore, the document enshrines new state institutions and mechanisms for interaction between the President and other authorities.