Kazakhstan 1995 Constitution (reviewed 2017)

Section VIII. Local Public Administration and Self-Administration

Article 85

Local public administration shall be exercised by local representative and executive bodies which are responsible for the state of affairs of the respective territory.

Article 86

  1. Local representative bodies – maslikhats – shall express the will of the population of respective administrative-territorial units and with regard to the common public interests shall determine the measures needed for its realization, and control their implementation.
  2. Maslikhats shall be elected by the population on the basis of universal, equal suffrage under secret ballot for a five-year term.
  3. A deputy of maslikhat may be citizen of the Republic of Kazakhstan who has reached twenty years of age. Citizen of the Republic may be deputy of only one maslikhat.
  4. The jurisdiction of maslikhats shall include:
    1. approval of plans, economic and social programs for development of the territory, local budget and reports of their performance;
    2. decision of issues of local administrative-territorial organization in their jurisdiction;
    3. consideration of reports by heads of local executive bodies on the issues delegated by law to the jurisdiction of maslikhat;
    4. formation of standing commissions and other working bodies of maslikhat, nearing reports about their activity, decision of other issues connected with organization of the work of maslikhat;
    5. exercise other authorities for insuring of the rights and legitimate interests of citizens in accordance with the legislation of the Republic.
  5. The powers of a maslikhat shall be prematurely terminated by the President of the Republic after consultation with the Prime Minister and the Chairpersons of Chambers of the Parliament, and also in the case of the adoption of a decision about self-dissolution.
  6. The jurisdiction of maslikhats, procedure of their organization and activity, and legal status of their deputies shall be established by law.

Article 87

  1. Local executive bodies shall be part of unified system of the executive bodies of the Republic of Kazakhstan, and ensure conduct of the general state policy of the executive power in conjunction with the interests and development needs of the respective territory.
  2. The jurisdiction of local executive bodies shall include:
    1. development of drafts of plans, economic and social programs for development of the territory, local budget and provision of their realization;
    2. management of public property;
    3. appointment to and release from office the heads of local executive bodies, resolution of other issues connected with organization of the work of local executive bodies;
    4. exercise other powers delegated to local executive bodies by the legislation of the Republic in the interests of local public administration.
  3. A local executive body shall be headed by an akim of the respective administrative-territorial unit who is representative of the President and the Government of the Republic.
  4. Akims of the oblasts, major cities and the capital shall be appointed to office by the President of the Republic from the consent maslikhats accordingly oblasts, major cities and the capital. Akims of other administrative-territorial units shall be appointed or elected to office and dismissed in the manner determined by law. The President of the Republic shall have the right to release akims from office at his own discretion.
  5. At the initiative of not less than one-fifth from total number of deputies of maslikhat can be brought to the question on expression of a vote of no confidence in the akim. In this case maslikhat by a majority of votes from total number of its deputies have the right to express non-confidence in the akim and raise the issue of his release from office respectively before the President of the Republic or a senior akim. The powers of akims of the oblasts, the major cities and the capital shall terminate when a newly elected President assumes office.
  6. The jurisdiction of local executive bodies, organization and procedure of their activity shall be established by law.

Article 88

  1. Maslikhats shall adopt decisions on the issues of their jurisdiction, akims shall adopt decisions and resolutions which are binding on the territory of the respective administrative-territorial unit.
  2. Drafts of decisions of maslikhats envisioning reduction of local budgetary revenues or an increase of local budgetary expenditures may be submitted for consideration only with positive resolution of the akim.
  3. Decisions of maslikhats not corresponding to the Constitution and the laws of the Republic of Kazakhstan may be annulled by legal process.
  4. Decisions and resolutions of akims may be respectively annulled by the President, the Government of the Republic of Kazakhstan or senior akim, as well as by legal process.

Article 89

  1. In the Republic of Kazakhstan, local self-administration which ensures that the issues of local significance shall be resolved independently by the population, shall be recognized.
  2. Local self-administration shall be exercised by the population directly as well as through maslikhats and other bodies of local self-administration in local communities, covering the territories, on which groups of the population live compactly. The realization of state functions shall be delegated to local self-administration according to the law.
  3. The organization and the activity of local self-administration shall be regulated by the law.
  4. The independence of the bodies of local self-administration shall be guaranteed within the limits of their powers established by law.