The Constitutional Court of the Republic of Kazakhstan officially repealed the Law on the First President of the Republic of Kazakhstan - Heads of Nations (hereinafter referred to as the Law on the First President). The normative resolution was published on the official website of the Constitutional Court of the Republic of Kazakhstan on the evening of 10 January.
According to the resolution, in accordance with the results of the referendum on constitutional revision held on June 5, 2022 based on the independent will of the Kazakh people, the normative provisions of the constitution concerning the special status of the first president-national leader of the Republic of Kazakhstan and a series of privileges have been deleted (including article 46, paragraph 4, of the constitution, "the status and powers of the first president of the Republic of Kazakhstan shall be determined by the Constitution of the Republic of Kazakhstan and constitutional laws", i.e. other articles).
The resolution states that on the basis of this, it can be assumed that the constitutional law of the Republic of Kazakhstan, the Law on the First President of the Republic of Kazakhstan - the Head of the Nation, has lost its legal basis in the territory of the Republic of Kazakhstan and is therefore judged to be invalid.
The resolution also states that the decision to which the document relates is effective from the date of issuance and that its contents are universally binding, final and non-appealable throughout the country.
To recap:
According to the Fergana News Agency, in 2000 Kazakhstan adopted the Law on the First President. It is reported that Nazarbayev, who holds the title of "national leader", is in a special position - the first president cannot be detained, arrested, searched, summoned for interrogation.
The law guarantees the inviolability of property and bank accounts belonging to Nazarbayev and members of his family, who enjoy privileges such as lifelong protection, communications, travel and medical insurance at the expense of the state. State-provided housing will also become the property of national leaders.
Who does the First President Act "protect"?
At the end of March 2022, Kazakhstan's Minister of Justice Kanat Mushin explained the legality of the arrest of Nazarbayev's nephew, Keilat Satibadi, according to a recent report by Kazakhstan Satellite Network.
Musin said the First President Law applies to members of Nazarbayev's families, but not to his nephews.
"First President's Day" is no longer an official holiday
In September 2022, President Tokayev of Kazakhstan signed and approved the bill "On the amendment and addition of some laws of the Republic of Kazakhstan on cinematography, culture and festivals". The bill proposes amendments to the Law of the Republic of Kazakhstan on holidays. According to the bill, December 1, the first President's Day, is no longer a national holiday. The status of the holiday is equal to other public commemorations such as National Symbol Day and Thanksgiving Day. That is, Kazakhs no longer have a holiday on this day.
Kazakhstan's repeal of the First President Law is on the agenda
In December 2022, Majlis, Kazakhstan (lower house of parliament) will begin consideration of the constitutional bill of the Republic of Kazakhstan "On confirming that the constitutional laws <哈萨克斯坦共和国首任总统-民族领袖法>of the Republic of Kazakhstan have lost their validity". After a vote, the 90 members of Parliament attending the meeting unanimously agreed to begin the deliberation of the bill.
On June 5, 2022, Kazakhstan held a referendum on constitutional amendments, and the number of people who chose to support the amendment in 17 regions of the country reached an absolute majority. Thus, in accordance with the relevant provisions of articles 31 and 34 of the Republic of Kazakhstan Referendum Act, constitutional amendments were adopted.
This constitutional amendment amends one-third of the current constitution. Among the most important amendments to the Constitution are the explicit declaration that Kazakhstan's land and its resources are the assets of the people, who authorize the State to manage land resources on their behalf. In addition, the abolition of the death penalty would be formally enshrined in the Constitution.
The constitutional amendments contained restrictive provisions on law enforcement agencies, including the Constitution, the Supreme Court, and judges at all levels, who could not serve as members and chairmen of the Central Election Commission;
Military personnel, state security personnel, and law enforcement personnel are prohibited from joining political parties, registering with trade unions and participating in political party propaganda work.
The restrictive provisions of the constitutional amendments concerning the president include: the president may not serve more than two consecutive terms; During his term of office, the President may not concurrently serve in parliament or law enforcement agencies; The President shall not have a paid service entity and shall not conduct business during his term of office; Must not be a member of any political party during the presidential term; During his term, the president's next of kin does not have the authority to serve as political officials and heads of quasi-public sector entities.
In addition, the constitutional amendment will delete from article 91 of the Constitution the founder, first president-national leader of the Republic of Kazakhstan.