Kazakhstan is a large country largely located in Central Asia, although is considered transcontinental and also partly in Europe, the country is bordered with Russia, China, Kyrgyzstan, Uzbekistan, and Turkmenistan. Kazakhstan also has a coast along the landlocked Caspian Sea, which gives direct access to Azerbaijan and Iran. The country’s capital city is Nur-Sultan which is located in the north-east of the country, the city was formerly called Astana but was changed to Nur-Sultan in 2019 in honour of Kazakhstan’s first President Nursultan Nazarbayev, who is as of today Chairman of the country’s Security Council.
The area today known as Kazakhstan has been inhabited since at least the Paleolithic era, with pastoralism developing during the Neolithic period. The area included a key trading route during the time called the Steppe Route, precursor of the famous Silk Road. It is also believed that humans first domesticated the horse in the region. The region was made up of a number of nomadic groups in the earliest of times such as Indo-Iranian cultures and the Scythians, as well as nomadic Turkic tribes. The Persian Achaemenid Empire was also located in the South of the territory.
Around the early 11th Century, the Cuman, a Turkic nomadic people, entered the area and later joined with the Kipchak, also Turkic, to create the vast Cuman-Kipchak Confederation, but true political consolidation did not begin until the Mongols arrived in the early 13th Century, bringing the area under the rule of the Mongol Empire, who would establish administrative districts for the first time. As the Mongol Empire dissolved into smaller factions, the Kazakh Khanate would eventually emerge and rule the area.
During this time nomadic lifestyle and livestock-based economy were continuing to be dominant and during the 15th Century a Kazakh identity would emerge from among the Turkic tribes, leading up to the Kazakh War of Independence where the Kazakh Khanate gained sovereignty from the Turko-Mongol Shaybanid dynasty. By the mid-16th Century, a Kazakh language, culture, and economy would appear.
By the mid-17th Century tribal rivalries would begin weakening the Kazakh Khanate, with the population dividing into three distinct tribal groupings, known as Great, Middle, and Little hordes, diminishing importance of trade routes in the area also played a factor. The Khiva Khanate would exploit this by annexing the large Mangyshlak Peninsula in the West. The tribes and Kazakh Khanate also fought against Mongol tribes in the 17th and early 18th centuries, specifically a grouping known as the Oirats, with the main threat being from the Dzungar tribe, and they also suffered significant raids from the Kalmyk, although these were repelled, they still greatly weakened the Kazakh Khanate, leading to further rival exploitation, such as the Kokand Khanate conquering the southeast of the region, and the Emirate of Bukhara taking rule of Shymkent.
The Kazakhs would also perform raids into Russian territory, leading to the Russians constructing dozens of forts and redoubts to defend against such raids. During the 19th Century, in a period known as the Great Game, basically rivalry between large Empires of the time, the Russian Empire begun expanding its influence into Central Asia, which would lead to the Tsars of Russia having effective control of Kazakhstan, and they would begin Russification of the Kazakhs. Resentment of this from the Kazakh people would grow into resistance by the 1860s in an attempt to protect their culture and way of life.
Competition over land and water would begin between Kazakhs and settlers, leading to revolts, with one of the most serious being the 1916 Central Asian Revolt or Basmachi Movement, massacres were committed by both sides, and both sides would also attempt to resist Communist government after the fall of the Russian Empire and rise of the Soviet Union.
The Kazakhs saw a brief period of autonomy following the collapse of the Russian Empire in 1917 and a short-lived Kazakh state called the Alash Autonomy was established, but in 1920 the area would be brought under the Russian Soviet Federative Socialist Republic as the Kirghiz Autonomous Socialist Soviet Republic (Kirghiz ASSR) which was later renamed to the Kazakh ASSR.
Soviet forced elitist repression and forced collectivization led to famine and high fatalities in the Kazakh ASSR and as a result unrest. The Kazakh ASSR would be detached from the Russian SFSR in 1936 and become the Kazakh Soviet Socialist Republic (Kazakh SSR) making it a full union republic of the USSR. During the 1930s and 1940s the Kazakh SSR became a destination for exiled and convicted prisoners, mass resettlements, and deportations directed by the Central USSR authorities.
Even through the USSR industrialization during World War II, the Kazakh SSR remained and was kept largely a major agriculturally-based economy. The Kazakh SSR became the place where the Soviets tested their first nuclear atomic bomb in 1949, with hundreds more conducted up until 1989, causing ecological and biological consequences. By 1959 the Kazakhs became a minority in their own lands with ethnic Russians becoming the majority, due to privation, war, and resettlement.
More unrest would begin in 1986 following replacement of Kazakhs First Secretary of the Communist Party with a politician from the Russian SFSR, which was violently suppressed by government troops. But discontent continued to grow as the Soviet Union came close to collapse, especially spurred by Gorbachev’s glasnost policy.
Kazakhstan would declare its sovereignty in October 1990 and become the last Soviet republic to leave the Soviet Union in December 1991, gaining full independence. Since then, the country has been ruled in an authoritarian manner, with it being accused of human rights abuses against political opponents and dissent. Kazakhstan also maintains close ties and cooperation with Russia and other post-Soviet Republics such as via the Eurasian Economic Union and the Collective Security Treaty Organisation.
Now a days the Kazakhs are the largest ethnic group in the country, followed by Russians, Uzbeks and others. There is a co-official language which is Kazakh (the official state-language) and Russian. Cyrillic and Latin are the official scripts with an aim for the Latin script to replace Cyrillic by 2025. The largest religion is Islam and there are also a significant number who follow Eastern Orthodoxy Christianity. The country’s currency is the Tenge. The country’s population is over 18,961,350.
Government Type
The country is operated as a Presidential Republic, although there is a Prime Minister as Head of Government, the President as Head of State is not ceremonial and maintains vast powers over the state and government. The legislative government is a bicameral one made up of a Mazhilis as the lower chamber and a Senate as the upper chamber.
Elections in Kazakhstan have not been considered free or fair by Western standards of Democracy and issues highlighted have included things such as censorship, harassment, ballot tampering and other corrupt electoral practices. Multiple parties do exist and are relegated to being represented in the lower chamber of Parliament, with the Upper Chamber being non-partisan. The same party has ruled the country since 1999.
The Executive Government
The President of the Republic is the Head of State. The President determines the main directions of domestic and foreign policy of the State and represents the country internally and externally. It is the job of the President to guarantee freedoms and rights and the Constitution as a whole. The President sees to concerted functioning of all branches of state power and responsibility of institutions.
Presidential Duties
To give annual address to the people on state of the country and main directions of the state’s domestic and foreign policies.
Appoint the regular and extraordinary elections to the country’s Parliament. The President must convene the first session of the Parliament following elections and accept the oaths of deputies. The President calls the extraordinary sessions of Parliament on matters of great importance, at least one-third of deputies may also do this. Promulgates or returns laws passed by the Parliament within one months, laws returned are to be reconsidered if there is a disagreement made by the President.
The President chooses the Prime Minister from the lower chamber of Parliament following its elections and after consulting with factions of political parties, the President will appoint the chosen Prime Minister if given consent by the lower chamber to do so.
The President may remove the Prime Minister from office under certain circumstances, such as if there is a loss of confidence in the lower chamber.
The President defines the structure of the Government as requested by the Prime Minister. Also appoints members of Government as proposed by the Prime Minister after consulting with the lower chamber of Parliament.
The President independently appoints the ministers of foreign affairs and defense, and internal affairs.
The President may dismiss members of the Government.
If necessary, the President can preside over crucial meetings of Government.
The President can annul or suspend entirely or in parts acts of akims of oblasts, cities of national significance, and the capital.
The President appoints, along with consent from the Senate (upper chamber of Parliament), the Chairperson of the National Bank; the Procurator-General; and the Chairperson of Committee of National Security of the Republic of Kazakhstan. President also releases these from office.
The President can form, abolish, and reorganize state bodies directly subordinated and accountable to the President, and appoint or release their heads from office.
The President appoints and recalls heads of diplomatic representative offices of the Republic. The President conducts negotiations and signs international treaties, signs ratification instruments, receives letters of credentials and recall from diplomatic and other representatives of foreign states accredited to him.
The President appoints the Chairperson and two members of the Central Election Committee, and the Chairperson and two members of the Accounts Committee for control over execution of the republican budget for a 5-year term.
The President adopts resolutions for conduction of national referendums.
It is the duty of the President to protect rights and freedoms of the people, ensure national security, sovereignty and integrity of state, and as such has power to send a request to the Constitutional Council to consider if an enacted law or other legal act conforms with the constitution.
The President is the Commander-in-Chief of the country’s armed forces, appoints and replaces the highest command of the Armed Forces. Awards state decorations, confers honourary, highest military, and other ranks, ranked positions, diplomatic ranks, and qualification degrees.
The President resolves issues of citizenship and political asylum.
The President exercises the power to pardon citizens.
Under extraordinary circumstances such as major emergencies, threats, and endangerment of national security of citizens and so on, the President will have official consultation with the Prime Minister and Chairpersons of Parliamentary chambers and take measures, caused by State of Emergency on entire territory or certain areas, and give immediate notice to the Parliament of use of the country’s Armed Forces.
If there is aggression against the state or an immediate external threat to the country’s security, then the President shall impose martial law on entire country or certain areas, declare partial or total mobilization and give immediate notice to Parliament.
The President forms the State Security Service subordinate to him.
Appoints and releases from office the State Secretary of Kazakhstan, define the positions powers and status.
The President forms the Security Council, the Higher Judicial Council, as well as other consultative and advisory bodies.
The President on basis of constitution and the laws, issues decrees and resolutions which are binding to the entire territory. Such can be on the initiative of the Government. All acts signed by the President are also signed by the Prime Minister and both Chairpersons of the Parliamentary chambers who bear juridical responsibility for legality of the acts.
Presidential Removal
The President can be removed from office due to continued incapacity to perform duties due to illness. Under this case the Parliament forms a commission that consists of equal numbers of deputies from each Chamber and specialists of respective areas of medicine, they are observed by the Constitutional Council while they make a decision, the decision is presented to a joint-sitting of the Parliament and adoption requires at least a three-fourths majority.
The President outside of incapacity, may only be removed from office for high treason. An investigation into the President on this can only be adopted by the Parliament lower chamber via a majority, on initiative of at least one-third of total members. The investigation if adopted is then conducted by the Senate and after its conclusion a majority of Senators are needed to transfer the conclusion to a joint-sitting of the Parliament where adoption of it requires a three-fourths majority, and that it had been concluded as valid by the Supreme Court and that the Constitutional Council concludes correct procedure was followed.
If a decision on High Treason is not made within 2-months then it shall be assumed it were rejected. If the President is not convicted ultimately after investigation by vote of a joint-sitting of Parliament or if the 2-months pass without a decision, then the deputies who initiated the accusation in the first place are stripped of their powers.
If the President dies in office or is removed from office, the Chairperson of the Senate takes over as President and finishes the remainder of the term, if they cannot it shall be the Chairperson of the Majilis (lower chamber), and if they cannot it shall be the Prime Minister. Those individuals must vacate their original office before taking over the position of President. Presidents who have taken over in this manner are unable to initiate amendments or additions to the country’s constitution.
Prime Minister and Government
The Prime Minister is the Head of Government appointed by the President and confirmed by majority of the Majilis (lower chamber) following elections. The Government implements the executive power, heads system of executive bodies, and supervises their activities. The Government is accountable to the President and in accountable to the Majilis in areas stipulated by the Constitution.
The Government is formed by the President on advice of the Prime Minister. Suggestions on structure and composition of Government are submitted to the President by the Prime Ministers within 10-days of their appointment.
The Prime Minister organizes and supervises work of the Government, and personally answers for its work. They sign the resolutions of Government. The Prime Minister also reports the main directions of Government activities and all its important decisions to the President.
The Government has numerous jobs that include…
Developing main directions of socio-economic policy, defense capability, security, guarantee of public order and organize their realization. And with agreement of the President approves state programs and ensures their implementation. Presents the republican budget to the Parliament, report on its performance, and ensure implementation of the Budget. Introduces draft laws to the Majilis and ensures enforcement of laws that have been passed by Parliament and signed into law. Organises management of state property. Develops measures for conduct of foreign policy.
Manages the activities of the ministries, state committees, and other central and local executive bodies. Has the power to annul or suspend completely or partially the effect of acts of these ministries, state committees, and executive bodies.
Members of the Government are independent on decision-making within their competence and bear responsbility before the Prime Minister for activity of bodies subordinate to them.
The Legislative Government
The parliament of Kazakhstan is a bicameral one, made up of the lower chamber called the Majilis and the upper chamber called the Senate. The main job of the Parliament is to have legislation introduced, debate it, possibly amend it, and either pass or reject such legislation. The Majilis provides oversight over the Prime Minister and their Government. Legislative initiative belongs to the President, Government, and Deputies of the Parliament, and legislation always first originates in the Majilis (lower chamber).
Legislation must pass both chambers before it goes to the President to be signed into law. If legislation passed by the Majilis is rejected in the Senate then for it to pass the Majilis again it requires a two-thirds majority, if the Senate rejects it again then that same legislation cannot be reintroduced in the same session.
If the Senate amends or adds additions to a draft law passed by the Majlis then it is returned to the Majilis who votes on it again, if they pass it the bill is considered fully passed, if not then both Chambers will attempt to resolve disagreements via conciliatory procedures.
Draft laws envisioning reduction of state revenues or increase in state expenditures may only be submitted when supplied with positive resolution of the Government, unless the draft law such as this was introduced by the President then it does not require positive resolution from the Government.
The Prime Minister may raise issue of confidence in their Government over a rejected Government bill, if such a call for no-confidence does not receive a majority vote in either Chamber then the draft law in question is considered adopted without a vote. This right cannot be used more than twice per year.
The President has the right to determine priority for the consideration of draft laws.
Legislators/members can lose their seat in either chamber for reasons that include establishing permanent residency outside of the country, entering in force of a conviction, and loss of citizenship. Further legislators of the Majilis may lose their mandate for leaving their party or being terminated from their party.
Legislation passed by both chambers can be returned for reconsideration by the President, if both chambers pass the law again via at least two-thirds majority without any changes then the President must promulgate it within one-month.
The President may after consulting with the Chamber Chairpersons, and Prime Minister, dissolve the Parliament or the Majilis of the Parliament. The Parliament or Majilis cannot be dissolved during state of emergency or martial law, or during the last six-months of a President’s term, or before a year has passed since the previous dissolution.
Majilis – Lower Chamber
The Majilis, lower chamber of Parliament, has a fixed 107 members who are elected by the people. Its composition following elections determines the Prime Minister and therefore who shall be forming a Government. This chamber also oversees such Government on its actions and activities and may withdraw confidence from the Government, which may lead to a new Government or fresh elections.
The lower chamber can also cause an investigation into the President for possible high treason or pursue removal due to incapacity to perform duties.
Matters and issues usually begin in the lower chamber and then move on to the upper chamber. Such includes confirming the republican budget and making changes and additions to it; establish and cancel state taxes and tax collections; establishing procedure to resolve issues of administrative-territorial division of Kazakhstan; establish state awards, honourary, military and other titles, ranked positions, diplomatic ranks, and define state symbols; decide issues of state loans and rendering of economic and other assistance; decide issues of amnesty to citizens; ratify and denounce international treaties, discuss reports on execution of republican budget.
The Majilis also has exclusive authority/jobs over areas that include…
Accepting for consideration of drafts of constitutional laws and laws brought in Parliament and consideration of these drafts.
Gives majority consent to the Prime Minister appointed by the President.
Announces the regular elections for President.
Introduce initiative on no-confidence in Government supported by at least one-five of total number of deputies and backed by at least an absolute majority in a vote.
Senate – Upper Chamber
The Senate has 49 members, some who are elected and some who are appointed, each oblast, major city, and the country’s capital have two representatives on the Senate. All members are non-partisan.
The Senate conducts any investigations into the President possibly committing high treason if the lower chamber voted for such.
The Senate has some exclusive jobs allocated to it, these include…
Electing and discharging from office, Chairperson of the Supreme Court and its judges on proposal of the President of the Republic.
Elects and dismisses the Commissioner for Human Rights pursuant to proposal of the President.
Approve appointment of Chairman of the National Bank, Procurator-General, and Chairperson of the Committee of National Security by the President.
Can deprive Procurator-General, Chairperson, and judges of Supreme Court of their inviolability.
Performs functions of Parliament on accepting constitutional laws and laws in time absence of the lower house caused by prescheduled termination of powers.
Joint-Sitting
A joint-sitting of parliament is when both chambers join together for a session. This can be for major events or extraordinary matters of great importance.
The joint-sitting can introduce changes and additions to the constitution on proposal of the President.
Approves reports of the Government, and the Accounts Committee on the control over execution of the republican budget, non-approval on such a matter denotes the expression of the Parliament as a vote of no-confidence in the Government.
Decides on issues of war and peace.
Adopts decisions concerning usage of Armed Forces to fulfil international obligations that support peace and security at the proposal of the President.
The joint-sitting hears the annual messages from the Constitutional Council on the state of the constitutional legality of the Republic.
Can form joint-commissions of both Chambers, elect and release their Chairpersons, and hear reports on activities of the commissions.
Separate Jobs of Both Chambers
The below jobs are conducted independently by both Chambers sitting seperately.
Both chambers appoint two members of the Constitutional Council; two members to the Central Election Commission who serve 5-year terms; and three members of the Accounts Committee for control over execution of the republican budget.
Both chambers elect half each of the joint-commissions of the Chambers.
Both chambers may hold Parliamentary hearings on issues of their jurisdiction.
Either chamber has the right to hear reports of the members of Government concerning their activities at initiative of no less than one-third of members. Following these hearings, a majority of no less than two-thirds have right to accept request by the President on dismissal of a member of Government in case of failure to comply with laws.
Both Chambers coordinate their respective working bodies.
Both Chamber adopt their own procedural orders of their activities and other decisions on issues connected with organisation and internal routine.
Both Chambers elect a Chairperson to preside over them, represent them in an impartial manner, and who makes sure there is order and rules are abided, they convene sessions, nominate candidates to Deputy Chairpersons of the Chambers, general supervision, proposing candidacies for Constitutional Council, Central Election Commission, and Accounts Committee. The Chairperson of the lower Chamber are selected and elected by majority of the deputies, while the candidacy of the Senate Chairperson is chosen by the President and confirmed by majority vote of the deputies in the Senate.
Other
As well as the usual 7-members of the Constitutional Council, which include two members and the Chairperson appointed by the President, two members appointed by the Majilis, and two members appointed by the Senate, there may be further members as Ex-Presidents have right to become life-long ex-officio members of this council.
Chairperson and Judges of the Supreme Court are elected by the Senate on proposal of the President based on recommendations from the Highest Judicial Council. This same procedure is also for Chairperson and judges of local and other courts. The Highest Judicial Council includes a Chairperson and two members all appointed by the President.
The Electoral System
Presidential elections happen every 5-years and uses a two-round absolute majority system where to win in the 1st round a candidate requires an absolute majority of the vote, otherwise a 2nd round takes place between the top two candidates which is won by simple majority.
Candidates must be citizens of the Republic by birth, who are at least 40-years-old, have perfect command of the state language, has lived in the country for at least 15-years, and has a higher education. One person may not serve more than two terms in a row as President (the 1st President was excluded from this rule, who was President from 1990 until 2019, but is meant to apply to all further Presidents).
Parliamentary elections for the lower chamber (Majilis) happen every 5-years. 97 members are elected from multi-seat constituencies via party-list proportional representation using the largest remainder method while the remaining 9-members are elected by the Assembly of People of Kazakhstan to represent ethnic minorities.
Candidates must be citizens of Kazakhstan, permanent resident for at least 10-years, and be at least 25-years-old.
The Assembly of People of Kazakhstan is a body of 384 delegates of Regional Assemblies. It is tasked with representing the country’s ethnic groups.
Elections and appointments for the Senate (upper chamber) happen every 3-years with half of members being elected/appointed to 6-year terms. 34 members are elected via local representative bodies of oblasts, major cities, and the capital city (two each). The remaining 15 members are appointed by the President based on representation of national-culture and other significant interests of society.
Candidates must be citizens of Kazakhstan, permanent resident for at least 10-years in the country, and at least 3-years within the respective oblast, major city, or capital; be at least 30-years-old, have a higher education, and length of service of not less than 5-years.
Sources
The source for this post comes from Kazakhstan’s 1995 constitution with amendments through to 2017 and so it is currently as up to date as possible but there may yet be some possible changes in a yet to be implemented 2019 amendment of which I have been unable to find any further details on currently (constituteproject.org). Keep in mind I may have possibly made some mistake or missed some things and the constitution can be amended/changed and so eventually this post may become outdated so cross-research is encouraged for those using this seriously.
Amendments are introduced via referendum initiated by the President, recommended by the Parliament, or the Government. The President may submit draft amendments to the Parliament or directly to referendum. Passage of amendments by Parliament requires a four-fifths majority by both Chambers and signature of the President. Passage by referendum requires an absolute majority by more than one-half of the voters in at least two-thirds of the oblasts, major cities, and the capital, and signature of the President.
Next up will be the government system of Kenya.
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