Main > Regulations of the Parliament of the Republic of Kazakhstan
Regulations of the Parliament of the Republic of Kazakhstan
(Adopted on the joint sessions of the Chambers of Parliament of the Republic of Kazakhstan on May 20, 1996)

(Adopted on the joint sessions of the Chambers of Parliament of the Republic of Kazakhstan on May 20, 1996)

 

The Procedural Order of the Republic of Kazakhstan establishes conditions and the order of joint sessions of Chambers, the mechanism of mutual relations of Chambers on the questions not settled by Procedural Order of the Senate and the Mazhilis, formation of joint bodies of Parliament and the organization of their activity, and also realization of powers of deputies and officials of Parliament.

 

Section I. General Provisions

Section II. Conditions and the Order of Carrying out the Joint Sessions of the Chambers of Parliament

Chapter 1. Plenary sessions of Parliament

Chapter 2. Extraordinary joint sessions of Chambers of Parliament

Chapter 3. Voting and decision-making procedure on a joint sessions of Chambers of Parliament

Section III. The Questions Considered on Joint Sessions of Chambers of Parliament

Chapter 4. Acceptance of changes and amendments to the Constitution of the Republic

Chapter 5. Acceptance of the constitutional laws, submission of its changes and amendments

Chapter 6. The order of the approval of the Republican budget, Reports of the Government and the Accounts Committee on the Control over Implementation of the Republican Budget about its implementation, submitted changes and amendments in the budget

Chapter 7. Discussion of objections of the President of the Republic

Chapter 8. Delegation of the legislative powers to the President of the Republic

Chapter 9. Consent on a post of Prime-Minister and the Chairman of the National Bank of the Republic

Chapter 10. Consideration of the Program of the Government, passing a vote of non-confidence in the Government

Chapter 11. The decision of questions of war and peace

Chapter 12. The decision of questions on use of the Armed Forces of the Republics for performance of the international obligations on protection of peace and security

Chapter 13. Display of the initiative about purpose the Republican referendum

Chapter 14. Acceptance of the oath of the Chairman and members of the Constitutional Council. Hearing of the annual Addresses of the Constitutional Council of the Republic

Section IV.  The Questions Considered by Parliament in Separate Session of Chambers by Their Consecutive Consideration in the Beginning in Mazhilis, and Then in the Senate

Chapter 15. The adoption of laws

Chapter 16. Discussion of the Republican budget and reports about its implementation, changes and amendments in the budget, establishment and disaffirmation of the state taxes and tax collections

Chapter 17. The decision of questions of administrative and the territorial order of the Republic

Chapter 18. Establishment of the state awards, institution of honorable, military and other ranks, ranked positions, diplomatic ranks of the Republics, definition of the state symbols of the Republic

Chapter 19. The decision of questions on the state loans and providing the economic and other assistance by the Republic

Chapter 20. The edition of citizens’ amnesty acts

Chapter 21. Ratification and denouncement of the international agreements of the Republic

Section VI. The Procedure of Realization of Powers of Deputies of Parliament, Rule of Deputy Ethic and the Responsibility of Deputies

Chapter 22. The procedure of realization of powers of deputies of Parliament

Chapter 23. The rules of the deputy ethics

Chapter 24. The responsibility of deputies of Parliament

Section VII. Deputy Associations in Parliament of the Republic

Section VIII. The International, Inter-Parliamentary Cooperation

Section IX. Final Provisions

 

Section I. General Provisions

 

Item 1. The Parliament of the Republic of Kazakhstan carries out the work in the session order.

Session of Parliament includes joint and separate sessions of Chambers, the Bureau of Chambers, standing committees and the joint commissions of Chambers.

The first session of Parliament of new convocation is convoked by the President of the Republic not later than thirty days from the date of publication of results of elections, and election not less than two thirds of deputies of each Chambers.

 

Item 2. Session of Parliament is opening and closing at joint sessions of the Senate and the Mazhilis. The President of the Republic opens session of Parliament, and in case of his absence - The Chairperson of the Mazhilis.

At opening and closing of session of Parliament the Hymn of the Republic of Kazakhstan is performing.

 

Item 3. Regular sessions of Parliament are convoked and opened by The Chairperson of the Mazhilis and spend yearly - from the first working day of September till the last working day of June.

Information on date, time and place of opening of session of Parliament is notified through mass media.

 

Item 4. Non-working days of Parliament are celebratory days, holidays and days of a Parliamentary vacation established by the law.

In case a Parliamentary vacation is interrupted in connection with convocation of the extraordinary joint sessions of Chambers, they renew after the end of extraordinary joint sessions and proceed before the expiration of terms of a Parliamentary vacation.

Parliamentary vacation is announced by the decision of Parliament of The Republic.

 

Section II. Conditions and the Order of Carrying out the Joint Sessions of the Chambers of Parliament

 

Chapter 1. Plenary sessions of Parliament

 

Item 5. Plenary session of Parliament is convoked by the Chairperson of the Mazhilis, and deputies of Chambers should be informed seven days prior to day of its carrying out, if the law does not define other terms. In this case The Chairperson of the Mazhilis publishes the order about convocation of plenary session of Parliament and informs deputies of Parliament.

Plenary sessions of Parliament are spent from 10.00 till 18.00, with breaks from 12.00 till 12. 30, and from 14.00 till 16.00.

The Parliament can make a decision on other time of carrying out of plenary session.

The Chairperson declares breaks at sessions under his own initiative or under the offer of the majority from number of present deputies of Parliament.

Sessions of working bodies of Parliament and its Chambers are not spent during joint sessions of Chambers of Parliament.

 

Item 6. Session of Parliament is competent at presence of not less than two thirds of the total number of deputies of each of Chambers.

Registration of deputies of each of Chambers by name is spent for definition of competency of Parliamentary session. Additional registration of deputies by name can be spent before each voting. Additional registration of deputies by name before voting on procedural questions is not spent.

 

Item 7. The Chairperson of the Mazhilis at session of Parliament:

- opens, closes sessions of the Chamber and sessions of Parliament;

- presides over the regular and extraordinary joint sessions of Chambers;

- discloses information about enrolled for participation in debate;

- gives the floor to deputies of Chambers consecutively, but no more than two times on a discussed question;

- in case of violation of speaker the Procedural Order has the right to warn him, and at repeated violation to deny the right to speak;

- gives the floor to the deputy out of turn on procedural questions, but no more than two times;

- organizes voting of projects of laws, decisions, references, declarations, appeals and other acts of Parliament, amendments of deputies on questions considered at session and declares results of voting;

- provides the order of joint session of Chambers established by the present Procedural Order.

During discussion of questions at session of Parliament the Chairperson has not the right to evaluate and make comments on speech of deputies.

The Chairperson of the Mazhilis of Parliament has the right to transfer conducting session to the Deputy the Chairperson of the Mazhilis.

 

Item 8. The agenda and procedure of session of Parliament are introduced by the Chairperson of the Mazhilis of Parliament and affirmed at joint session of Chambers by the majority of voices from the total number of deputies of each of Chambers by show of hands voting.

Offers and remarks under the agenda and the procedure are accepted by the majority of voices from the total number of deputies of each of Chambers under each offer by show of hands voting.

The President of the Republic has the right to determine priority consideration of draft of laws, as well as to declare consideration of a draft of law urgent signifying that Parliament must consider this draft within a month from the day of its submission. If the Parliament does not meet this requirement, the President of the Republic has the right to issue a decree having the force of law which shall be in effect until Parliament adopts a new law as established by the Constitution.

 

Item 9. Time for reports at sessions of Parliament is given within 30 minutes, for co-reports - till 20 minutes, speaking in debate - till 10 minutes, at discussion of nominees - till 3 minutes, for speaking on procedural questions, for information and questions - till 2 minutes. For answers to questions is allocated no more than 1 hour, and for debate - till one and a half hour. After the termination of debate the speaker and co-speaker have the right to make concluding remarks within the abroad of 10 minutes.

The Parliament by the majority of voices from the total number of deputies can establish another time.

Speeches can be made from a tribune or from a place.

Apply for a word is made from a place.

The word for performance is given to the President of the Republic under his request at any time.

The Chairperson of the Senate, the Chairperson of the Mazhilis, their Deputies, representatives of the President and the Government at their request are given a floor on a discussed question out of turn.

Nobody has the right to speak at session of Parliament without the permission of the Chairperson.

 

Item 10. Sessions of Parliament are spent in Kazakh and Russian languages.

In case when speaker does not know Kazakh and Russian languages, he has the right to speak in other language. Such speech is provided with translation into Kazakh and Russian languages. On the intention to speak in any other language speaker informs The Chairperson of the Mazhilis not later than a day.

Texts of reports in Kazakh and Russian languages are represented beforehand for simultaneous interpretation to the Editorial-Publishing department of the Mazhilis, but not later than two hours prior to the beginning of plenary session.

 

Item 11. Joint sessions of Chambers of Parliament are open.

Officials of the state bodies and institutions of local self-government, whose presence at session is adopted by the decision of Parliament or its Chambers, are obliged to arrive to Parliament and give necessary concerning under their competence. The Parliament and its Chambers have not the right to adopt similar decisions concerning the President of the Republic.

Officials of the state bodies and institutions of local self-government, who should attend joint session of Chambers of Parliament without previous permission, are invited by the Chairpersons of Chambers.

Officials of the state bodies, not being members of Government and institutions of local self-government, who should give necessary explanations at joint session of Chambers of Parliament on items of their judiciary, are invited by The Chairpersons of Chambers.

Members of Government, who should give necessary explanations at joint session of Chambers on items of their judiciary, are invited by the decision of Chambers according to their Procedural Order.

The Head of Apparatus of the Senate seven days prior to joint session of Chambers of Parliament informs the Head of Apparatus of the Mazhilis about surname, name, patronymic, and a post of persons invited on joint session of Chambers of Parliament.

The order of visiting joint session of Chambers of Parliament by the invited persons is defined by Heads of Apparatus of Chambers.

Organizational, legal, documentary and the information-analytical supply of joint session of Chambers of Parliament is carried out by the Apparatus of the Mazhilis according to the Procedural Order of the Mazhilis and the Regulations on the Apparatus of the Mazhilis.

The invited have no right to interfere the activity of Parliament, are obliged to abstain from approval or disapproval of its work, to observe the established order and to submit to orders of the chairman.

 

Item 12. The Parliament under the offer of the President or the deputy can spend private meetings if the majority from the total number of deputies has voted for it.

The President, the Prime-Minister and members of the Government, The Chairperson of National Bank, the Prosecutor General, The Chairperson of Committee of the National Security of the Republic, as well as the State Secretary and the Head of the Administration of the President of the Republic have the right to be present on any, both open and private meetings, and have the right to be listened.

 

Item 13. Sessions of Parliament are taken shorthand. The shorthand report is subscribed by the presiding on a session. The shorthand report is given by the Apparatus of Chambers to the deputies, representatives of the President and the Government under their request.

 

Item 14. Propaganda of violent change of the constitutional order, infringements of integrity of the Republic, undermining of security of the state, war, the social, racial, national, religious, class and patrimonial superiority, a cult of cruelty and violence, as well as the expressions mentioning honor and dignity of other persons is not supposed at session of Parliament. In case of violation of this requirement the Chairperson deprives a speaker of a speech.

Speaker cannot be denied the right to speak by the Chairperson during given time, except for cases:

- the expiration of time of speaking;

- digression of a discussed question.

 

Item 15. During debate the Chairperson provides a variety of opinions on a discussed question.

Debate is stopped under the decision of the majority of present deputies by show of hands voting. At statement of a question on the termination of debate the Chairperson informs deputies of Parliament on number of the enrolled and already spoken deputies, finds out who insists on speaking and gives him the right to speak at the consent of the majority of present deputies.

Deputies, who could not speak in connection with the termination of debate, have the right to attach the signed texts of their speeches to the shorthand report of plenary session of Parliament through the General Department of the Mazhilis.

 

Chapter 2. Extraordinary joint sessions of Chambers of Parliament

 

Item 16. The President of the Republic under his own initiative, under the offer of Chairmen of Chambers or not less than one thirds of the total number of deputies of Parliament can call extraordinary joint session of Chambers between sessions of Parliament. In this case the President of the Republic issues the decree, convoking an extraordinary joint session of Chambers, on the basis of which it is spent in terms and the order defined by the President.

Chairmen of Chambers, at the mutual initiative about convocation of extraordinary joint session of Chambers of Parliament, make the corresponding written offer to the President.

Under the initiative of one third of the total number of deputies of Parliament the corresponding written offer, revealing the question has served as a reason for carrying out of extraordinary joint session of Chambers of Parliament, is brought to the President.

At the extraordinary joint sessions of Chambers the only questions served as the basis for their convocation are considered.

Extraordinary joint session of Chambers is opened by the President of the Republic, and in case of his absence – by the Chairperson of the Mazhilis.

 

Chapter 3. Voting and decision-making procedure on a joint sessions of Chambers of Parliament

 

Item 17. The Parliament adopts acts in the form of laws of the Republic of Kazakhstan having an obligatory power in all territory of the Republic, including the constitutional laws and individual decisions of Parliament, and also normative decisions of Parliament concerning introduction in action of laws. Decision concerning introduction the laws into validity is considered by Parliament together with the draft of law, is subscribed by the Chairperson of the Mazhilis and introduced into validity after signing by the President of the Republic.

The Parliament and its Chambers on items of their jurisdiction has the right to adopt appeals, declarations, references, other acts not of legislative character. Their adoption is exercised under the conditions and requirements established by the present Procedural Order and Procedural Orders of  its Chambers.

 

Item 18. Legislative and other acts of Parliament are accepted by the majority of voices from the total number of deputies of each Chamber if the other is not stipulated by the Constitution of the Republic.

At acceptance by Parliament of legislative and other acts in joint session of the Senate and the Mazhilis voting is spent separately in Chambers. Results of voting should appear on electronic boards simultaneously.

 

Item 19. Changes and amendments to the Constitution of the Republic are introduced by the majority not less than three quarters of voices from the total number of deputies of each Chamber.

 

Item 20. The constitutional laws are accepted concerning questions, stipulated by the Constitution of the Republic, by the majority not less than two thirds of voices of the total number of deputies of each Chamber.

 

Item 21. The Parliament at the plenary sessions makes decision by voting.

Voting at plenary session of Parliament is carried out:

- with the use of electronic system of calculation of voices;

- by raising a hand;

- with the use of bulletins.

At absence of necessary number of deputies the Chairperson takes measures to maintain quorum for carrying out voting. In case of impossibility to maintain quorum the Chairperson transfers voting on following plenary session of Parliament.

At revealing mistakes in procedure and method of voting a repeated voting is taken under the decision of Parliament.

Results of voting on all questions, the quantity of taken part in voting, voted pro, contra, refrained and a general result of voting are disclosed by the Chairperson. Information is brought in the shorthand report of joint session of Parliament.

 

Item 22. Decisions  of Parliament on procedural questions are accepted by show of hands voting by the majority of voices of the deputies present at plenary session, are fixed in protocol and shorthand report of plenary sessions without acceptance of verdicts.

To procedural questions concern:

- a break, a delay of plenary session;

- the order of conducting plenary session;

- a sequence of discussion of questions;

- the termination of debate;

- restriction or prolongation of time of speaking;

- witness of quorum and recalculation of voices;

- return to repeated voting;

- ways of voting.

 

Item 23. Before the beginning of voting the Chairperson specifies quantity of the offers put on voting, specifies their formulations, the order of their acceptance, the deputies removing their amendments, reminds of which majority the decision can be accepted.

After the termination of voting the Chairperson declares results of voting.

Item 24. At submitting several offers on a question considered by Parliament the chairman carried out voting of all submitted offers by the order of their submission.

Item 25. At voting on each question the deputy has one voice, submitted for or against decision-making or abstaining from decision-making.

The deputy who was absent during voting, has not the right to submit the voice later.

 

Item 26. At carrying out of secret ballot with the use of bulletins the Accounts commission is selected by Chambers of Parliament from among deputies. The Accounts commission has even number of members with equal number of deputies from each Chamber. Deputies, nominated in the structure of elected bodies or on the official posts, and deputies offered proposals of secret ballot, cannot enter in the Accounts commission. Parliament accepts a decision about election of the Accounts commission by the majority of voices from the total number of deputies of each of Chambers.

The Accounts commission elects the Chairman and the secretary of the commission from its structure. Decisions of the Accounts commission are accepted by the majority of voices from the total number of its members. In case of division of voices on fifty-fifty, the voice of the Chairman of the commission is considered solving.

Bulletins with the information necessary for voting are created under the control of the Accounts commission under the established form and in a certain number in Kazakh and Russian languages.

Time and place of voting, and its order are established by the Accounts commission and announced by the Chairman of the Accounts commission.

One bulletin is given to each deputy.

Bulletins for secret ballot are given to deputies after presentation of the certificate of the deputy.

Filling of bulletins is spent by the deputy in a cabin for secret ballot by deletion in the bulletin a name of the candidate against whom he votes, and in bulletins on the project of the decision - by deletion texts of projects of decisions against which he votes.

Bulletins of the unstated form are considered annulled, and at election of the officials - also bulletins in which two and more nominees on one post are left. The surnames, added in the bulletin, are not considered at calculation of voices. Bulletins, in which more than one project of the decision is left not deleted, are considered annulled.

Admit valid, but are not considered at calculation of voices, the blank bulletins and bulletins in which surnames of all candidates are deleted, as well as bulletins in which new texts of projects of decisions are added.

The Accounts commission issues a report about results of ballot, which is subscribed by all members of the commission. Under report of the Accounts commission Parliament approves report of the Accounts commission on results of ballot by the majority of voices from the total number of deputies of Parliament by show of hands voting.

 

Item 27. The Parliament under the offer of the Chairman as well as deputies can elect from among deputies the conciliatory commission on a case in point with equal number of deputies of each of Chambers by the majority of present deputies by show of hands voting.

About formation of the commission the Parliament accepts the decision.

 

Item 28. Individual decisions of Parliament, and also normative decisions of Parliament, concerning introduction of laws in action, are subscribed by the Chairperson of the Mazhilis.

 

Section III. The Questions Considered on Joint Sessions of Chambers of Parliament

 

Chapter 4. Acceptance of changes and amendments to the Constitution of the Republic

 

Item 29. The Chairperson of the Mazhilis receiving the offers of the President on the proposed project of changes or amendments into the Constitution convokes joint session of Chambers of Parliament for their consideration in the first reading.

The order of consideration of the Presidential offers in Parliament is defined by the President of the Republic.

 

Item 30. Not less than two readings concerning the project of changes and amendments into the Constitution is necessary.

 

Item 31. During the first reading the Chairperson gives the right to speak to the initiator of the project of changes and amendments into the Constitution or to his representative, and then to the deputies by way of the established sequence.

In the first reading the project of changes and amendments in the Constitution is discussed conceptually.

By results of discussion the Parliament accepts the decision about approval of the project of changes and amendments in the Constitution in the first reading and their preparations for the second reading or their deviation. Thus the voting is spent by the majority of voices from the total number of deputies of each of Chambers.

 

Item 32. On results of voting in final reading by the majority not less than three quarters of voices from the total number of deputies of each of Chambers the Parliament accepts changes and amendments in the Constitution. If voting does not receive the established number of voices, the offers of the President on changes and amendments in the Constitution are considered rejected.

 

Chapter 5. Acceptance of the constitutional laws, submission of its changes and amendments

 

Item 33. The Chairperson of the Mazhilis, receiving the project of the constitutional law, as well as its changes and amendments, convokes joint session of Chambers of Parliament, which defines terms of consideration of the draft of law by the Decision of Parliament, and then it is transferred to the Senate and the Mazhilis of Parliament.

 

Item 34. Not less than two readings of the projects of the constitutional laws, and also their changes and amendments are obligatory.

 

Item 35. The Chairperson of the Mazhilis after the term of work, established by Parliament on the draft of law, convokes joint session of Chambers of Parliament, where gives the right to speak to the initiator of the draft of law or to his representative. Then he gives the right to speak to co-speaker on one from each Chamber, and to the deputies by way of the established sequence.

During the first reading the project of the constitutional law, and also changes and amendments in the constitutional laws are discussed conceptually.

By results of discussion the Parliament accepts the decision about approval of the project of changes and amendments in the Constitution in the first reading and their preparations for the second reading or their deviation. Thus the voting is spent by the majority of voices from the total number of deputies of each of Chambers.

In case of approval by Parliament in the first reading the submitted draft of law the joint commission from among the deputies of Chambers is created on equal rights for its preparation for the subsequent and final readings. The order of formation of the joint commission and the organization of its activity is defined by the present the Procedural Order.

 

Item 36. At the second reading of the draft of law the Chairman of the joint commission speaks with his offers on results of the work.

The only remarks and amendments have been submitted by deputies to the joint commission in written form, are a subject to discussion. The deputy, whose offer has been rejected by the commission, has the right to speak at joint session of Chambers of Parliament and to address to Parliament with the request to put his offer on voting.

 

Item 37. On results of voting in final reading the Parliament by the majority not less than two thirds of a voice of the total number of deputies of each of Chambers adopts the constitutional law, its changes and amendments. In case a voting does not receive the established number of voices, the draft of law is considered rejected and cannot be submitted for consideration of Parliament in a current session.

 

Item 38. Decisions of Parliament about the order of introduction into a validity of the constitutional laws and submitted changes and amendments are accepted by the majority of voices from the total number of deputies of each of Chambers of Parliament.

 

Chapter 6. The order of the approval of the Republican budget, Reports of the Government and the Accounts Committee on the Control over Implementation of the Republican Budget about its implementation, submitted changes and amendments in the budget

 

Item 39. The approval of the Republican budget and reports of the Government and the Accounts Committee on the Control over Implementation of the Republican Budget about its implementation, submitted changes and amendments in the budget take place at joint session of Chambers after their successive discussion in the Mazhilis, and then in the Senate.

The Republican budget is endorsed in the form of the law.

 

Item 40. Discussion begins with reports of representatives of the Government, the Accounts committee and supporting reports of Chambers with the conclusion on a case in point. At article-by-article endorsement the sequence of speaking of deputies of Chambers is observed.

 

Item 41. In case the Chambers have not accepted this or that article of the project of the Republican budget, Parliament has the right to create the joint commission on these articles.

The commission considers only those articles and amendments, which have formed the basis for its creation and are stated during discussion at joint session of Chambers.

The amendments of deputies envisioning reduction of the Republican budget revenues or increase in the Republican budget expenditures in general may be submitted only when supplied with the positive resolution of the Government of the Republic.

 

Item 42. At repeated discussion only those articles of the project of the Republican budget which were considered by the joint commission are put on voting.

In case of the consent of the Government with amendments of deputies to the project of the Republican budget the Parliament has the right to send it to completion.

 

Item 43. In case of no acceptance of the project of the Republican budget, submitted by the Government, the Prime- Minister has the right to raise an issue of no confidence in the Government at joint session of Chambers of Parliament by way established by item 60 of the present Procedural Order.

 

Chapter 7. Discussion of objections of the President of the Republic

 

Item 44. Repeated discussion and voting on laws or articles of the law, which caused objections of the President of the Republic, should be spent in a month from the date of incoming of objections. Non-observance of this term means adoption of objections of the President.

 

Item 45. The law or articles of the law returned with objections of the President of the Republic are transferring by the decision of Mazhilis to the respective permanent committee of the Mazhilis, which prepares the conclusion with participation of the representative of the President of the Republic and introduces it together with the law or its articles and objections of the President on consideration of the Mazhilis. The decision of the Mazhilis on a given question, adopted by the majority of two-thirds of votes from the total number of its deputies, together with objections of the President and the conclusion of permanent committee of the Mazhilis is transferring on studying to the Senate, and also is transferring for consideration at joint session of Chambers.  

Terms of consideration of objections of the President of the Republic of Kazakhstan in the Mazhilis and studying in the Senate should not exceed 15 and 10 days respectively.

 

Item 46. If the President of the Republic on results of consideration of objections in permanent committee of the Mazhilis and at session of the Mazhilis has changed objected edition of the law as a whole or its separate articles, taking in consideration the deputies’ proposals, presiding at joint session of Chambers of Parliament has the right to put at once on voting the considered objections with changes of the President.

 

Item 47. Repeated discussion at joint session of Chambers of Parliament begins with speech of the representative of the Mazhilis. After that permission to speak is given to deputies of each of Chambers by way of sequence.

 

Item 48. At repeated discussion and voting of the law or its separate articles at joint session of Chambers of Parliament the law is voted as a whole, if the objection of the President was caused by the law as a whole, or separate articles, which have caused objections of the President of the Republic.

 

Item 49. Objections of the President of the Republic are considered overcome if the Parliament in two-third of voices of the total number of deputies of each of Chambers will confirm the earlier decision on the law as a whole or its separate articles. In this case the law or its articles are considered adopted in edition adopted by Parliament for the first time, and the President signs the given law in seven-day term from the moment of its representation for the signature.

 

Item 50. If as a result of voting the Parliament could not overcome objections of the President, the law is considered not adopted, or if in objections of the President of the Republic has been presented a new edition of the law, or separate articles of the law, it is considered adopted in this edition.

 

Chapter 8. Delegation of the legislative powers to the President of the Republic

 

Item 51. Parliament, by acceptance of the law by two thirds of voices from the total number of deputies of each of Chambers, under the initiative of the President has the right to delegate him the legislative powers for the term not exceeding one year.

 

Item 52. The initiative of the President about delegation him the legislative powers for the certain term, determined him, is submitted to the Chairperson of the Mazhilis, who convokes joint session of Chambers of Parliament.

The President of the Republic has the right to define term of consideration of his initiative.

 

Chapter 9. Consent on a post of Prime-Minister and the Chairman of the National Bank of the Republic

 

Item 53. The President of the Republic to receive the Parliament's consent for the appointment of the Prime-Minister and the Chairman of the National Bank of the Republic introduces into Parliament respective written proposal, on the basis of which the Chairperson of the Mazhilis convokes joint session of Chambers of Parliament in Parliament of the Republic.

 

Item 54. The consent of Parliament to the President of the Republic to appoint Prime-Minister and the Chairman of the National Bank of the Republic has preliminary or subsequent character and is given directly at joint session of Chambers. Nominees on a post are represented by the President of the Republic or by the official of the Republic authorized by him.

 

Item 55. At joint session of Chambers of Parliament can be:

1) asked questions to the candidate and the person representing the candidate;

2) stated opinions of deputies for or against the offered nominee.

Debate on the offered nominee can not be opened, if deputies do not insist on it.

 

Item 56. In case the Parliament did not give consent to appoint on a post the nominees, offered by the President, the President submits in Parliament written proposals on the same persons or new nominees.

 

Item 57. Parliament adopts the decision on consent on a post by the majority of voices from the total number of deputies of each Chambers.

Decisions are adopted separately on each nominee by show of hands voting if Parliament will not define other voting procedure.

Decisions are formulated separately on each nominee by resolution of Parliament.

In case of rejection of the nominees presented by the President for consent on a post of Prime-Minister and the Chairman of the National Bank of the Republic the resolution of Parliament should contain the motivated rejection.

 

Chapter 10. Consideration of the Program of the Government,         passing a vote of non-confidence in the Government

 

Item 58. Prime-Minister of the Republic within a month after his appointment by the President of the Republic represents Parliament the report on the Program of the Government.

The Parliament under the offer of the Chairperson of the Mazhilis makes a decision on inclusion of this question in the agenda of joint session after studying in the Chambers of Parliament.

 

Item 59. Approval or a deviation of the Program of the Government is carried out by the majority of voices from the total number of deputies of each of Chambers of Parliament and performed by the decision of Parliament.

In case of a deviation of the Program of Government Prime-Minister represents the repeated report on the Program within two months from the date of its deviation.

The repeated deviation of the Program of the Government can be carried out by the majority in two third of voices of the total number of deputies of each of Chambers and means passing a vote of non-confidence in the government. Absence of such majority means approval of the Program of the Government.

 

Item 60. Decision-making on passing a vote of non-confidence in the government is carried out by the majority in two third of voices of the total number of deputies of each of Chambers in cases:

- statement by the Prime-Minister of a vote of confidence in the Government in connection with no acceptance of the draft of law submitted by the Government;

- statement of a vote of confidence in the Government under the initiative not less then one fifth from the total number of deputies of Parliament.

 

Item 61. In case when of a draft of law submitted by the Government is not adopted, the Prime-Minister has the right to raise an issue of no confidence in the Government at a joint session of Chambers. Voting on this issue is held not earlier than within forty-eight hours from the moment of calling for a vote of confidence. If the call for a vote of no confidence does not receive two thirds of voices of the total number of deputies of each of Chambers, a draft of law is deemed adopted without voting. However, the Government may not use this right more than twice a year.

At a repeated deviation of the Program of the Government, meaning a vote of no confidence to the Government, the corresponding decision of Parliament is accepted.

 

Chapter 11. The decision of questions of war and peace

 

Item 62. The Parliament at joint session of Chambers solves questions of war and peace.

 

Chapter 12. The decision of questions on use of the Armed Forces of the Republics for performance of the international obligations on protection of peace and security

 

Item 63. In the event of a serious and immediate threat to the democratic institutions of the Republic, its independence and territorial integrity, political stability of the Republic, security of its citizens and the disruption of normal functioning of the Constitutional bodies of the state, the President of the Republic has official consultations with Prime Minister and Chairpersons of the Parliamentary Chambers of the Republic and takes measures, caused by a state of emergency on the entire territory or in particular areas of Kazakhstan, and immediately informs the Parliament of the use of the Armed Forces of the Republic.

 

Item 64. The President of the Republic in the case of aggression against the Republic or immediate external threat to its security imposes martial law on the entire territory of the Republic or in particular areas, declares a partial or total mobilization and immediately informs the Parliament of the Republic to the effect.

 

Item 65. The offer of the President of the Republic of use of the Armed forces of the Republic for performance of the international obligations on protection of peace and security is submitted him at joint session of Chambers of Parliament. Promptness of consideration of this question is defined by the President.

The decision is accepted by the majority of voices of deputies from total of deputies of each Chamber of Parliament.

 

Chapter 13. Display of the initiative about purpose the Republican referendum

 

Item 66. Display of the initiative about conducting a referendum belongs to Parliament of the Republic of Kazakhstan, which addresses with the offer on conducting a referendum to the President of the Republic of Kazakhstan. Endorsement of the initiative is carried out by Parliament at joint session of its Chambers by the majority of voices from the total number of deputies of each Chambers, and performed by the corresponding decision.

The question on display of the initiative on conducting a referendum is carried out under the initiative not less the one fifth of deputies of Parliament.

 

Item 67. The decision of Parliament on display of the initiative on conducting a referendum on the same question (the same questions) can be submitted repeatedly to President of the Republic not earlier than in two years after acceptance of the previous decision on the specified question (the specified questions).

 

Chapter 14. Acceptance of the oath of the Chairman and members of the Constitutional Council. Hearing of the annual Addresses of the Constitutional Council of the Republic

 

Item 68. The Chairman and members of the Constitutional Council after their appointment at joint session of Chambers of Parliament in solemn conditions are sworn in the President of the Republic of the following maintenance: " Solemnly I swear honesty to carry out the duties of the Chairman (member) of the Constitutional Council of the Republic of Kazakhstan assigned to me, to be impartial and to submit only to the Constitution of the Republic of Kazakhstan, anybody and anything except for it".

 

Item 69. Hearing of the annual addresses of the Constitutional Council of the Republic on a condition of the constitutional legality in the Republic occurs at joint session of Chambers and takes into consideration.

 

Section IV.  The Questions Considered by Parliament in Separate Session of Chambers by Their Consecutive Consideration in the Beginning in Mazhilis, and Then in the Senate

 

Chapter 15. The adoption of laws

 

Item 70. The right of the legislative initiative belongs to the deputies of Parliament of the Republic, to the Government of the Republic and is realized exclusively in the Mazhilis.

 

Item 71. At the legislative initiative from the deputy (deputies) of Parliament of the Republic the initiator performs a statement addressed to the Chairperson of the Mazhilis, where reveals necessity to develop a draft of law or changes and amendments for a law currently in force.

The Chairperson of the Mazhilis submits the given statement for consideration of a plenary session of the Mazhilis.

At the consent of the Mazhilis to develop a draft of law, the Mazhilis provides necessary organizational, information and other assistance to the initiator of the draft of law, defines leading committee.

At the negative conclusion the Mazhilis motivates its conclusion and informs the initiator of the draft of law about it.

Statement on development of the draft of law is considered in the Mazhilis no more than fifteen days from the moment of its registration in the General Department of the Mazhilis.

Preparation of the draft of law for consideration by the Mazhilis should not exceed 120 days from the moment of registration of represented draft of law in the General Department of the Mazhilis.

The leading committee submitted the draft of law on plenary session of the Mazhilis in target dates. Further the draft of law is considered according to the present the Procedural Order and the Procedural Orders of Chambers.

 

Item 72. Deputies of the Senate of Parliament can submit their remarks and offers on the draft of law in the committees of the Mazhilis engaged in its preparation for consideration at plenary session of the Mazhilis. Therefore they are informed on results of consideration of their offers and remarks.

 

Item 73. At the initiative from the Government of the Republic the draft of law with corresponding documents is considered according to the Procedural Order of the Mazhilis.

 

Item 74. The draft of law approved by the Mazhilis is directed on consideration to the Senate of Parliament.

The Mazhilis with the decision of Chamber transfers to the Senate the following appendices:

- the governmental resolution about submission the draft of law on consideration of Parliament or statement of the deputy (deputies);

- a draft of law in edition of the initiator;

- a draft of law in edition of the Mazhilis;

 - financial and economic calculation, if realization of the law demands expenses, and the conclusion of the Government;

- structure of the working group;

- the shorthand report of session of the Mazhilis;

 - the list of the legislative acts which are a subject of change or becoming invalid in connection with adoption the given draft of law, and the offer on development of the legislative acts necessary for realization of the given law;

 - the project of the decision of Parliament about implementation the law in edition of the initiator;

 - the project of the decision of Parliament about implementation the law in edition of the Mazhilis.

Draft of laws, decisions of Parliament about implementation the law are represented in the Kazakh and Russian languages.

At submission the draft of law about change and addition into the current legislation the comparative table of former and new edition of articles is represented.

At absence of necessary appendices the Apparatus of the Senate returns documents in the Mazhilis without registration for performance of the established requirements.

The draft of law received from the Mazhilis, is considered in the Senate no more than 60 calendar days from the date of registration in the General Department of the Apparatus of the Senate.

The submitted draft of law is considered by the Senate according to the Procedural Order of the Senate.

 

Item 75. The draft of law, rejected by the Senate as a whole, within 12 days from the moment of decision-making is returned by the Chairperson of the Senate through the Apparatus of the Senate in the Mazhilis together with the decision of the Senate, motivated statement of a deviation and the shorthand report of session of the Senate.

The returned draft of law is considered in the Mazhilis repeatedly according to the Procedural Order of the Mazhilis.

If the Mazhilis by the majority in two third of voices of the total number of deputies will again approve the project, it is transferred in the Senate for repeated discussion and voting.

Repeated discussion and voting on the draft of law the Senate is spent according to the Procedural Order of the Senate.

Repeatedly rejected draft of law cannot be again submitted in the Senate during the same session.

If the Mazhilis does not overcome objection of the Senate on the law as a whole, the Chairperson of the Mazhilis within ten days from the moment of carrying out of plenary session informs of the initiator of the draft of law about it.

 

Item 76. In case the Senate makes changes and amendments to the draft of law, the Chairperson of the Senate returns in the Mazhilis through the Apparatus of the Senate the decision about this with the comparative table of the Mazhilis edition of the draft and a new edition of articles in time no more than two weeks from the moment of decision-making.

The returned draft of law is considered in the Mazhilis repeatedly according to the Procedural Order of the Mazhilis.

If the Mazhilis by the majority of voices from the total number of deputies will agree with the offered changes and amendments, the law is considered adopted, is ratified by the Chairperson of the Mazhilis, and within 3 days from the date of its adoption at plenary session of the Mazhilis is transferred to the Senate. The Mazhilis decision about the consent with changes and amendments, offered by the Senate, is accepted. The Senate within 7 days from the date of receipt of the adopted law directs it for the signature to the President of the Republic.

If the Mazhilis by the same majority of voices objects changes and amendments, submitted by the Senate, it accepts the decision about it and offers the Senate a quantitative structure of the conciliatory commission with the terms of its powers.

Term of consideration by Parliament of changes and amendments of the Senate is equal to term of work of the conciliatory commission.

The decision of the Mazhilis about disagreement with changes and amendments of the Senate, and also with the offer on quantitative structure of the conciliatory commission is directed by the Chairperson of the Mazhilis to the Senate through the Apparatus of the Mazhilis.

Chambers create the conciliatory commission with participation of equal number of deputies from each Chamber.

Members of the conciliatory commission elect from its structure the Chairperson by the majority of voices from the total number of members of the commission.

The conciliatory commission considers each objection of the Senate separately, aspiring to develop the uniform text of a corresponding draft of law.

The subject of the right of the legislative initiative can take part in the work of the conciliatory commission with the right of a deliberative vote.

The commission makes a decision voting by show. Decisions of the conciliatory commission are accepted by the majority of voices from the total number of its members. In case of equal quantity of voices pro or contra the voice of the chairman of the commission is considered solving.

By results of work the conciliatory commission accepts the conclusion containing the offers by definition of disagreements, which is submitted for consideration on plenary session of the Mazhilis through the Bureau of the Mazhilis.

The conciliatory commission defines the speaker (speakers) at plenary sessions of the Senate and the Mazhilis.

The Mazhilis at the plenary session, within seven days from the moment of submission of the conclusion by the conciliatory commission on the Bureau of the Mazhilis, should consider offers and make a decision.

The Mazhilis considers each offer separately.

The Mazhilis under the offers of the conciliatory commission makes a decision by the majority of voices from the total number of deputies of Chamber.

The Mazhilis can agree or disagree with offers of the conciliatory commission.

If the Mazhilis by the majority of voices from the total number of deputies will approve a draft of law in edition of the conciliatory commission, or by the majority of voices again will approve the draft of law in the Mazhilis edition, the corresponding decision is accepted, and the decision of the Mazhilis is transferred to the Senate within seven days from the moment of carrying out of plenary session.

The Senate under offers of the conciliatory commission and the decision of the Mazhilis makes a decision by the majority of voices from the total number of deputies of Chamber.

The Senate can agree or disagree with offers of the conciliatory commission and the decision of the Mazhilis.

At the consent of the Senate the draft of law becomes the law and within ten days is represented to the President for the signature.

 

Item 77. Discussion of objections of the President on the legislative act is spent according to items 44-50 of the present the Procedural Order.

 

Chapter 16. Discussion of the Republican budget and reports about its implementation, changes and amendments in the budget, establishment and disaffirmation of the state taxes and tax collections

 

Item 78. Discussion of the Republican budget and reports about its implementation, changes and amendments in the budget, establishment and disaffirmation of the state taxes and tax collections is carried out according to the Procedural Orders of the Senate and the Mazhilis.

 

Chapter 17. The decision of questions of administrative and the territorial order of the Republic

 

Item 79. The order of the decision of questions on administrative and the territorial order of the Republic is considered by the Senate and the Mazhilis of Parliament according to the legislation.

 

Chapter 18. Establishment of the state awards, institution of honorable, military and other ranks, ranked positions, diplomatic ranks of the Republics, definition of the state symbols of the Republic

 

Item 80. Parliament in separate session of Chambers by successive consideration of questions initially in the Mazhilis, and then in the Senate establishes the state awards, institutes honorable, military and other ranks, ranked positions, diplomatic ranks of the Republics, defines the state symbols of the Republic.

 

Item 81. In case of establishment of the state award, institution of honorable, military and other rank, ranked position, diplomatic rank the Parliament adopts law.

 

Item 82. The Parliament has the right to present citizens of the Republic of Kazakhstan to rewarding by the state awards (except for an award "Altyn Kyran").

Thus as initiators can act:

- Chairpersons of the Senate and the Mazhilis of Parliament;

- standing committees of the Senate and the Mazhilis of Parliament;

- group of deputies of Parliament not less than 10 person, deputy groups and fractions.

The given initiative is proposed for discussion of corresponding Chamber with its subsequent consideration at plenary session of Parliament. Suggestion is submitted by Parliament to the President of the Republic by acceptance of the decision.

 

Chapter 19. The decision of questions on the state loans and providing the economic and other assistance by the Republic

 

Item 83. The decision of questions on the state loans and providing the economic and other assistance is defined by the Procedural Orders of Chambers of Parliament.

 

Chapter 20. The edition of citizens’ amnesty acts

 

Item 84. The announcement of amnesty is carried out by Parliament of the Republic by successive consideration of questions firstly in the Mazhilis, and then in the Senate.

The draft of law on the announcement and the order of execution of amnesty is submitted by the subject with the right of the legislative initiative in the Mazhilis. Procedure of passing of the submitted draft of law should correspond to the Procedural Order of the Mazhilis.

The draft of law on the announcement of amnesty, considered and approved by the Mazhilis by the majority of voices from the total number of deputies of the Mazhilis, together with the decision of Chamber, within ten calendar days after its approval, is transferred on consideration to the Senate.

The Senate within 60 calendar days after receipt of the draft of law on the announcement of amnesty, approved by the Mazhilis, approves or rejects it.

In case of approval by the majority of voices from the total number of deputies of the Senate the law is considered adopted, is subscribed by Chairpersons of each of Chambers of Parliament, as well as by the Prime-Minister, if the draft of law was submitted by the Government, and within 10 days is proposed for the signature to the President of the Republic.

 

Item 85. The Senate has the right to reject the project of the decision of Parliament as a whole or partially.

At a deviation by the Senate of the project of the decision of Parliament as a whole or partially a repeated procedure of passing of the project should correspond to chapter 15 of section IV of present the Procedural Order.

 

Chapter 21. Ratification and denouncement of the international agreements of the Republic

 

Item 86. Ratification and denouncement of the international agreements of the Republic is carried out by successive their consideration firstly in the Mazhilis, and then in the Senate, and is accepted in the form of laws.

 

Section V. Formation of the Joint Commissions of Chambers of Parliament and the Organization of Their Activity

 

Item 87. For the decision of questions, concerning to joint activity of Chambers, the Senate and the Mazhilis has the right to form the joint commissions on an equal footing. The quantitative structure of the joint commissions is defined as agreed between Chambers.

The initiative about formation of the joint commission belongs to the deputies of Parliament if the majority from the total number of deputies of one of Chambers has voted for it, and the decision is supported by the same majority of the other Chamber.

Members of the joint commission are suggested by the deputies of Chambers at their plenary sessions and nominated by the decisions of Chambers by the majority of voices from the total number of their deputies.

After the approval of members of the joint commission in Chambers, the Parliament at joint session of Chambers accepts the decision about creation of such joint commission by the majority of voices from the total number of deputies of each of Chambers.

The joint commissions are working bodies of Parliament and report directly to it.

 

Item 88. Election of the Chairman of the joint commission is carried out at joint session of Chambers by the majority of voices from the total number of deputies of each of Chambers of Parliament. The commission has the right to make offers to Parliament about the nominee of Chairman of the joint commission.

Elected candidate, received the majority of voices from the total number of deputies of each Chambers of Parliament, and is considered as the Chairman of the joint commission.

 

Item 89. Decisions of the joint commissions are admitted by the majority of voices from the total number of members of the commission. In case the voices were divided fifty-fifty, the voice of the Chairman of the commission is considered a casting.

Separate voting of deputies of the Mazhilis and the Senate in the commissions is not spent.

Session of the commission is competent, if not less than two thirds of the total number of members of the joint commission is present.

 

Item 90. The Chairman of the joint commission can be withdrawn from a post if the majority from the total number of deputies of each of Chambers of Parliament has voted for it.

 

Item 91. The joint commissions publish decisions concerning their competence.

 

Item 92. For realization of powers of Parliament and its Chambers, stipulated by item 1 of Article 47 of the Constitution of the Republic (prematurely release the President of the Republic from office in the case of continued incapacity to perform his duties due to illness), Parliament forms the special temporary commission.

Election of members of the commission and its Chairman is carried out according to items 87, 88 of present the Procedural Order. Election of members of the commission from among specialists of the respective areas of medicine is carried out at joint session of Chambers by the majority of voices from the total number of deputies of each of Chambers of Parliament under the offer of corresponding committees of Chambers.

The decision of the commission is accepted according to item 89 of the present the Procedural Order and arranged in the form of the conclusion of the commission.

The decision on prematurely release the President of the Republic from office is accepted at joint session of Chambers of Parliament by the majority not less than three quarters from the total number of deputies of each of Chambers, and is based on the conclusion of the commission and the conclusion of the Constitutional Council about observance of the established constitutional procedures.

 

 

Section VI. The Procedure of Realization of Powers of Deputies of Parliament, Rule of Deputy Ethic and the Responsibility of Deputies

 

Chapter 22. The procedure of realization of powers of deputies of Parliament

 

Item 93. The deputy is obliged to participate in work of Parliament and its bodies in which structure he is elected.

 

Item 94. The deputy uses the right of a casting vote on all questions considered at sessions of Parliament and sessions of its bodies into which structure it enters.

 

Item 95. The deputy of Parliament has the right:

The deputy of Parliament has the right:

1) to elect and be elected in coordination and functioning bodies of Parliament and its Chambers;

2) to make inquiries and remarks concerning the agenda of sitting, the order of consideration and an essence of discussed questions;

3) to express the opinion on nominees of officials elected or appointed by Chambers of Parliament or needed a consent on a post of Parliament;

4) to submit in a Bureau of Chambers proposals under the agenda of a joint and separate sessions of Chambers of Parliament, and in case of no acceptance of his proposals - to submit them for consideration of plenary sessions of Chambers;

5) to inquiry questions for consideration at sessions of Parliamentary bodies and its Chambers;

6) to make inquiries about hearing at session of Parliament report or information of the officials accountable to Chambers of Parliament;

7) to address with deputy inquiries in the order established by the law;

8) to participate in debate, to ask questions to speakers, and also to the chair of the session;

9) to substantiate motives of his voting, to give the information;

10) to make amendments to the drafts of laws, resolutions, other acts accepted by Parliament;

11) to acquaint deputies of Parliament with the opinions of citizens of public value;

12) to get acquainted with texts of presentations of deputies in shorthand report and reports of sessions of Parliament;

13) to exercise other powers, according to the legislation of the Republic, Procedural Orders of Parliament and Chamber.

 

Item 96. Pressure on the deputy or his close relatives in any form with the purpose to prevent execution of deputy duties attracts the responsibility according to the legislation of the Republic.

Officials of the state bodies and public associations, institutions of local government, the organizations, not executing their duties for the deputy, providing him with obviously a false information, abusing guarantees of deputy activity, are a subject to the responsibility according to the legislation of the Republic.

 

Item 97. A deputy of Parliament has no right to be a deputy of another representative body, hold other paid offices, except teaching, research and creative activities, engage in entrepreneurial activity, and enter a managing body or a supervisory board of a commercial organization. Violation of this rule shall result in the termination of a deputy's powers on representation of the Central Election Commission of the Republic.

 

Item 98. The deputy’s inquiry is an official requirement of the deputy on the joint and separate plenary session of Chambers of Parliament to the state officials to give the proved explanation or to state a position under the competence of this body or the official at sitting of Parliament.

The deputy of Parliament has the right to make an inquiry to the Prime-Minister and members of the Government, Chairperson of National Bank, Chairperson and members of the Central Election Commission, the Prosecutor General, the Chairperson of the Committee of National Security of the Republic of Kazakhstan, Chairperson and members of the Accounts Committee for control over execution of the republican budget. Thus the inquiry to the Prosecutor General cannot concern the questions of criminal prosecution.

Consideration of inquiries to the Chairperson of the Committee of National Security is spent on a private session of Chambers.

 

Item 99. The inquiry can be introduced in writing and is a subject to announcement at joint or separate plenary session of Chambers of Parliament.

 

Item 100. The deputy in inquiry is obliged to specify the concrete official, whom he addresses, and the form of the expected answer (orally or in writing).

The Apparatus of Chamber, which member is the deputy making an inquiry, transfers inquiry to respective official of the state body in three-day term from the moment of inquiry’s  announcement at plenary session.

 

Item 101. In case the deputy inquiry of the official needs the oral answer at plenary session of Parliament or Chamber, the answer to inquiry should be given at plenary session of Parliament or its Chamber in time no more than month from the date of its receipt by the addressee.

The deputy inquiry at plenary session of Parliament or its Chamber is considered in the following order:

1) address of the deputy with inquiry (till 5 minutes);

2) the answer of the official whom the deputy inquiry is turned (till 20 minutes).

After hearing the answer the author of deputy inquiry as well as other deputies can ask questions on the problem of inquiry. Up to 30 minutes are allocated to the official, whom the deputy inquiry is turned, for answer on questions of deputies. Under the answer to inquiry debate can be opened.

 

Item 102. The official is obliged to answer on inquiry at plenary session of Parliament or Chamber. With the consent of the author of deputy inquiry official, appointed acting as addressee of inquiry at date of the inquiry, can also answer to inquiry. If the addressee of inquiry cannot participate in plenary session of Parliament or Chamber in connection with official duties, the answer to inquiry can be postponed, but no more than for a month.

 

Item 103. Under the answer to deputy inquiry and results of its discussion the decision of Parliament or its Chamber is accepted. The inquiry and the answer can be published in mass media.

 

Item 104. Deputies have the right to address with oral questions to the Prime-Minister and members of the Government, Chairperson of National Bank, Chairperson and members of the Central Election Commission, the Prosecutor General, the Chairperson of the Committee of National Security of the Republic of Kazakhstan, Chairperson and members of the Accounts Committee for control over execution of the republican budget at joint and separate plenary session of Chambers. The answer to a question should be given at the same sitting and if additional preparation is necessary - in three-day term.

 

Item 105. The deputy leaves for business trips in any region of the Republic or for abroad according to the Procedural Order of Chambers. Thus business trips of deputies should not be reflected in quorum of sessions of Parliament.

 

Chapter 23. The rules of the deputy ethics

 

Item 106. The rules of deputy ethics of deputies of Parliament of the Republic define norms of behavior which they should be guided both at realization, and beyond of deputy powers:

- deputies of Parliament of the Republic should behave toward each other and all other persons, participating in work of Chambers of Parliament, committees, commissions and other deputy associations formed by Parliament, respectfully;

- should not use in their speeches unreasonable charges, the rough, offensive expressions, abusing honor and dignity of deputies of Parliament and other persons;

- should not call for illegal and violent actions;

- should not interfere with normal work of Chambers of Parliament, its coordination and working bodies;

- not interrupt the orator;

- not vote, using an other's card;

- not suppose offensive gestures, threats and insults actions.

 

Item 107. The deputy of Parliament is obliged to use the information with state and other secret protected by the law, strictly observing the established order of storage of such secrets.

 The deputy of Parliament cannot disclose information became known him at realization of deputy powers if this information concerns questions, considered on private meetings of Chambers of Parliament and its coordination and working bodies.

The deputy of Parliament is obliged to use deputy forms only for official inquiries, letters, and documents and to sign them with his own hand.

 

Item 108. The deputy of Parliament, who is not having special powers on representation of Parliament of the Republic, can contact with officials and the state bodies of the other states only on his own behalf.

Thus the deputy is obliged to protect interests of the Republic of Kazakhstan, the rights, freedoms and interests of its citizens, not to cause the actions injuring the interests of the Republic, and equally not to violate laws of other states, to respect national traditions and customs of their people.

 

Item 109. The deputy of Parliament in mass media, at press conferences, meetings, and other public performances or statements is obliged to use only the authentic and checked up facts, not to suppose statements disorientated public opinion, not to use the expressions humiliating honor and dignity of any citizen.

In case of the deliberate or careless use of the doubtful or unchecked facts in critical statements, a duty of the deputy of Parliament is to bring a public apology to those organizations, bodies and persons, whose interests and honor have suffered.

 

Chapter 24. The responsibility of deputies of Parliament

 

Item 110. In case of absence of the deputy without a good reason at plenary sessions of Parliament more than three times during one session he is refused in payment of wages for days of absence.

In case of absence of the deputy without a good reason at sessions of Parliament and its bodies more than one month the deputy for the term of absence is refused:

- in payment of wages;

- in extraordinary purchase of travel papers;

- in business trips;

- in payment of traveling and living expenses;

- in transport service;

- in medical and sanatorium service.

The decision on it at absence of the deputy at joint session of Chambers is accepted by the Chairperson of respective Chamber, and at deputy’s absence at sessions of bodies of Chamber – by the Bureau of respective Chamber.

 

Item 111. The deputy personally realizes his right to vote. Voting for the absent deputy is forbidden.

 

Item 112. In case of violation the rules of the deputy ethics, established by the present Procedural Order and the Procedural Orders of Parliament, the following disciplinary measures can be applied to the deputy by the decision of the Chairperson of respective Chamber:

1) Parliamentary censure;

2) compulsion to bring a public apology;

3) deprivation of a speech during one joint or separate sitting of Chambers;

4) deprivation of a speech during three joint or separate sittings of Chambers;

5) elimination from the assembly room for the period of one joint or separate sitting of Chambers;

6) elimination from the assembly room for the period of three joint or separate sittings of Chambers;

7) deprivation of one-day wages.

All the listed disciplinary measures to the deputy are validated by the orders of Chairpersons of Chambers and transferred to execution to the Apparatus of Chambers of Parliament.

 

Item 113. Preparation of questions concerning the imposition of disciplinary measures on the deputies, their observance of requirements of items 110, 111 of the present Procedural Order, the rules of the deputy ethics, as well as the termination of powers of deputies and deprivation of Parliamentary immunity is delegated to the Central Election Commission of the Republic of Kazakhstan

 

Item 114. The deputy can be absent at sessions of Parliament and its bodies only from the sanction of Chairpersons of Chambers or heads of respective bodies.

 

Section VII. Deputy Associations in Parliament of the Republic

 

Item 115. Deputies of Parliament have the right to establish deputy associations in the form of fractions of political parties and other public associations, deputy groups.

The Chairpersons of Chambers and Deputy Chairpersons, the deputies delegated by Chambers to the Highest Judicial Council and the Qualification Collegiums of Justice, cannot be members of deputy associations.

 

Item 116. Fraction is the organized group of deputies representing political party or other public association, registered in the legitimate order, which is established to express the interests of the respective political party or other public association in Parliament. The fraction should consist of no less than ten deputies of Parliament. The fraction can include deputies of both Chambers of Parliament.

 

Item 117. Deputy group is the association of deputies for realization of the powers of teamwork in constituencies. The deputy group should consist of no less than fifteen deputies of Parliament.

 

Item 118. The registration of fractions and deputy groups is realized by a Bureau of Chambers of Parliament, and has exclusively information character.

The Bureau of what Chamber of Parliament will carry out registration of fraction or deputy group is defined by them independently.

The writing notice with a definition of its name, purposes, structure and the persons, authorized to speak on behalf of a fraction or deputy group and to represent it at sessions of Parliament, Chambers, commissions, in the state bodies, political parties and public associations, is submitted to the Bureau of Chamber of Parliament for registration of fraction or deputy group.

The Bureau represents information on structure of fractions and deputy groups to the deputies of Parliament, mass media.

 

Item 119. The deputies of the Parliament have not entered in one of deputy associations at their registration; can enter into any of them further.

The fraction or deputy group at inclusion of new members or an output of deputies from their structure notifies a Bureau, registered it.

 

Item 120. In case of leaving deputies from deputy association, which number become less than necessary for registration, it stops the activity.

 

Item 121. Deputies of Parliament can be members of only one fraction and several deputy groups.

 

Item 122. Deputy associations inform Chairpersons of both Chambers of Parliament on their decisions.

 

Item 123. Representatives of deputy associations on behalf of fraction, group have the right:

- to make inquiries and remarks concerning the agenda of session of Parliament and Chambers, the order of consideration and an essence of discussed questions;

- to express the opinion on nominees of officials elected or appointed by Parliament or its Chambers or needed a consent on a post of Parliament or its Chambers;

- to offer amendments to the drafts of laws, resolutions, other acts accepted by Parliament and its Chambers;

- to acquaint deputies of Parliament with the references of citizens, decisions of fraction, deputy group;

- to request materials and the documents, necessary for activity of deputy association, at the state bodies and officials;

- at the termination of debate to insist on speaking on behalf of deputy association. In this case the chairman is obliged to let them have the floor.

 

Item 124. Internal activity of deputy associations is organized independently.

Organizational, documentary, information - analytical and other maintenance of activity of deputy associations is carried out by Apparatus of Chambers of Parliament.

 

Section VIII. The International, Inter-Parliamentary Cooperation

 

Item 125. The Parliament of the Republic of Kazakhstan can complete agreements on inter-Parliamentary cooperation with Parliaments of other states and with the international Parliamentary organizations.

 

Item 126. The Parliament annually accepts programs of cooperation with Parliaments of other states. A project of programs are prepared by corresponding committees of Chambers considering the opinions of other committees, offers of departments of Apparatus of Chambers, affirmed by the decision of Parliament at joint session of Chambers of Parliament by the majority of voices from the total number of deputies of Parliament, and are brought to the notice of deputies of Parliament.

 

Item 127. According to the program approved by Parliament, Chairmen of both Chambers of Parliament considering the opinions of committees, departments of Apparatus of Chambers define on an equal footing a structure of official delegations of Parliament directed abroad, appoint heads of these delegations, their assistants and secretaries, and also a structure of the Kazakhstan parts of the inter-Parliamentary commissions (Parliamentary, working groups) on cooperation with Parliaments of other states, and define their powers. Members of official delegation from among deputies of Parliament are affirmed by the decision at plenary session of each of Chambers. The structure of official delegations of Parliament can include member of staff of Apparatus of Chambers of Parliament.

Delegations of fractions and deputy groups are sent abroad due to their own account and represent abroad only respective election and deputy associations, but not Parliament as a whole.

 

Item 128. Official delegations represent the report of their work to the Bureau of Chambers, and also in corresponding committees, and in case of need in other committees. Under the initiative of Chairpersons of Chambers, the Bureau of Chambers, and also the head of delegation such report can be presented for consideration of Parliament.

 

Item 129. Regulations about the Kazakhstan part of the inter-Parliamentary commissions (Parliamentary, working groups) on cooperation with Parliaments of other states, and also Regulations about Parliamentary delegations are confirmed by Parliament at joint session of its Chambers.

 

Item 130. The Parliament confirms the uniform order of protocol, financial, organizational and technical maintenance of foreign Parliamentary delegations in Kazakhstan, and also the deputies leaving abroad within the Kazakhstan parts of the inter-Parliamentary commissions, or in structure of delegations of Chambers of Parliament.

 

Item 131. To Chairpersons of Parliaments of states, Heads of states and Governments, Heads of Parliamentary delegations under the decision of the Chairperson of the Mazhilis, coordinated with the Chairperson of the Senate, the opportunity to address to deputies of Parliament of the Republic of Kazakhstan can be given at their visiting Parliament of the Republic of Kazakhstan.

 

Section IX. Final Provisions

 

Item 132. The Procedural Order of the Parliament of the Republic of Kazakhstan, its changes and amendments are accepted by the decision of Parliament at plenary session of Parliament by the majority of voices from the total number of deputies of each of Chambers.

 The Procedural Order is introduced into validity from the date of its acceptance.

 

Item 133. Offers on changes and amendments of the Procedural Order can be submitted in the Mazhilis by the Chambers of Parliament, fractions, deputy groups and deputies, after their consideration the Chairperson of the Mazhilis submits them for inclusion in the plan of consideration of Parliament and adoption by Parliament at plenary session. Questions on change and addition of the Procedural Order are considered at joint session of Chambers of Parliament.

 

Item 134. Any session of deputies of Parliament aimed at realization of its constitutional powers, which is spent without execution of the conditions and procedures of the Procedural Orders, is illegal. Acts adopted by such assembly are not valid.

 

Item 135. The Parliament establishes working group - the joint commission under the Procedural Order which explains, considers offers of deputies on changes and amendments in the Procedural Order and submits them for consideration of joint session of Chambers of Parliament.