Venice Commission - Report on Bicameralism

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Kazakhstan

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

The first Constitution in the history of independent Kazakhstan was approved at the ninth session of the Supreme Council in 1993. According to this document, Kazakhstan was declared a republic with a parliamentary form of government. The Supreme Council was the country's only legislative and highest representative body, it had extensive powers, including the right to appoint the president, prime minister, ministers and other officials. At the same time, the president was accountable to the Supreme Council and had limited power.
According to the current Constitution of the Republic of Kazakhstan dated August 30, 1995, the Parliament consists of two Chambers (Article 50 of the Constitution of the Republic of Kazakhstan Parliament consists of two Chambers: the Senate and the Majilis, acting on a permanent basis).
On June 5, 2022, a referendum was held in Kazakhstan on the adoption of amendments to the Constitution. This was the first time in the history of the country when changes were made to the basic law through a nationwide vote. In addition to the transition from a super-presidential form of government to a presidential one with a strong parliament, a new rule was introduced into the Constitution - the president's relatives are no longer allowed to hold high government positions. The provision on the special role of the first president was excluded. In addition, a clause appeared according to which the land and its subsoil became the property of the people, as well as the formation of the Majilis deputies under a mixed electoral system. Established the Constitutional Court.

2.What is the population of the country? What is its size?

The territory of the Republic of Kazakhstan is 2,724,902 km². The population, as of June 1, 2023, is estimated by the Bureau of National Statistics to be 19,879,003.

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

According to paragraph 1 of Article 2 of the Constitution of the Republic of Kazakhstan, the Republic of Kazakhstan is a unitary state with a presidential form of government.

4.How many members are in the lower house?

The Majilis consists of ninety-eight deputies elected in the manner prescribed by the constitutional law according to a mixed electoral system: according to the system of proportional representation in the territory of a single national constituency, as well as in single-seat territorial constituencies (paragraph 3 of article 50 of the Constitution of the Republic of Kazakhstan).

5.How many members has the second chamber?

The Senate of the Parliament consists of fifty deputies

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

The Senate is formed by deputies representing, in the manner prescribed by the constitutional law, two people from each region, city of republican significance and the capital of the Republic of Kazakhstan. Ten deputies of the Senate are appointed by the President of the Republic, five of which - at the suggestion of the Assembly of the People of Kazakhstan (clause 2, article 50 of the Constitution of the Republic of Kazakhstan).
Election of deputies of the Senate is carried out on the basis of indirect suffrage by secret ballot. Half of the elected members of the Senate are re-elected every three years. At the same time, their regular elections are held no later than two months before the end of their term of office (clause 2, article 51 of the Constitution of the Republic of Kazakhstan).

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

A deputy of the Parliament can be a person who is a citizen of the Republic of Kazakhstan and has permanently resided on its territory for the last ten years. A deputy of the Senate may be a person who has reached thirty years of age, has a higher education and work experience of at least five years, permanently residing in the territory of the relevant region, city of republican significance or the capital of the Republic for at least three years.
A deputy of the Majilis may be a person who has reached twenty-five years of age. (Clause 4, Article 51 of the Constitution of the Republic of Kazakhstan).

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

The term of office of deputies of the Senate is six years, the term of office of deputies of the Majilis is five years (clause 5, article 50 of the Constitution of the Republic of Kazakhstan).

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

Parliament adopts laws in a separate session of the Chambers by sequential consideration of issues first in the Mazhilis and then in the Senate, including:
1) approves the republican budget, makes changes and additions to it;
2) establishes and cancels state taxes and fees;
3) establishes the procedure for resolving issues of the administrative-territorial structure of Kazakhstan;
4) establishes state awards, establishes honorary, military and other ranks, class ranks, diplomatic ranks of the Republic, determines the state symbols of the Republic;
5) resolve issues on state loans and the provision of economic and other assistance by the Republic;
6) solve the issues of amnesty;
7) ratifies and denounces international treaties of the Republic.

Parliament in a separate session of the Chambers by sequential consideration of issues, first in the Mazhilis, and then in the Senate:
1) discusses reports on the execution of the republican budget;
2) hold a second discussion and vote on the laws or articles of the law that raised objections from the President of the Republic, within a month from the day the objections were sent. Failure to comply with this deadline means acceptance of the objections of the President. If the Mazhilis and the Senate, by a two-thirds majority of the total number of deputies of each of the Chambers, overcome the objections of the President, the President signs the law within one month. If the objections of the President are not overcome by at least one of the Chambers, the law is considered not adopted or adopted in the wording proposed by the President;
3) takes the initiative to call a republican referendum (Article 54 of the Constitution of the Republic of Kazakhstan).

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

The rules of procedure are determined by the Regulations of the Mazhilis and the Senate of the Parliament of the Republic of Kazakhstan.
Difference: A law adopted by a majority vote of the total number of deputies of the Mazhilis is submitted to the Senate, where it is considered for no more than sixty days.
A law approved by a majority vote of the total number of deputies of the Senate is submitted to the President for signature within ten days. If the Senate does not approve the law as a whole or its individual articles, then the law is returned to the Mazhilis. At the same time, the Senate has the right to propose to the Mazhilis a new version of certain articles of the law.
In the event that the Senate has not adopted a relevant decision within sixty days, the law is submitted to the President for signature.
If the Majilis, by a majority vote of the total number of deputies, agrees with the wording of certain articles of the law proposed by the Senate, the law is considered adopted by the Mazhilis in a new edition and approved by the Senate and is submitted to the President for signature within ten days.
If the Majilis, by the same majority of votes, objects to the wording of certain articles of the law proposed by the Senate, and also if the Senate has not approved the law as a whole, disagreements between the Chambers are resolved through conciliation procedures.
The version of the law worked out by the conciliation commission is subject to consideration by the Mazhilis and the Senate in the manner prescribed by paragraph 4 of this article.
In cases where the Majilis has not adopted the law in the wording proposed by the conciliation commission by a majority of votes of the total number of deputies of the Chamber, the Majilis shall conduct a second vote on the law in the previously adopted wording.
If, during the repeated voting, the Mazhilis confirms the earlier decision by a two-thirds majority of the total number of deputies of the Chamber, the law is submitted to the President for signature within ten days.
If the law does not gain the indicated majority of votes of the deputies of the Majilis, the law is considered not adopted and is returned to the initiator.
The internal rules of the Parliament in Kazakhstan are not controlled by the constitutional judge.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

Kazakhstan has an asymmetrical bicameralism.
i) financial; N/A
ii) legislative; The first chamber has the exclusive authority on accepting for consideration drafts of the constitutional laws brought in Parliament and laws and consideration of these drafts in accordance with Article 56, number 1 of the Constitution.
iii) oversight/control; N/A
iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; N/A
v) interim powers (e. g. in case of dissolution of the first chamber); The second chamber has the exclusive power on performance of functions of the Parliament of the Republic on acceptance of the constitutional laws and laws in time absence of the first chamber caused by the prescheduled termination of its powers, as per Article 55, number 6.
a)Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one;
Under the Constitution of Kazakhstan, all matters are mandated to be presented to either chamber, except for those specified in Article 55 of the Constitution(refer to the answer below).
b)Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority?
The second chamber holds exclusive authority over the election, removal from office, and swearing-in of the Chairperson and judges of the Supreme Court in Kazakhstan, as proposed by the President. Additionally, it has the power to approve the appointment of the Chairperson of the National Bank, the Procurator General, and the Chairperson of the Committee of National Security, all nominated by the President. It also has the power to dismiss the Commissioner for Human Rights in Kazakhstan pursuant to the proposal of the President of the Republic. Furthermore, it can revoke the immunity of the Procurator General, the Chairperson, and judges of the Supreme Court, as stipulated in Article 55 of the Constitution.
c)What kind of parliamentary initiative can the first and second chamber exercise?
The right of a legislative initiative is realised exclusively in the first chamber, as specified in Article 61, number 1 of the Constitution.
d)What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet?
In accordance with Article 61, number 4 of the Constitution, the draft of law rejected as a whole by the absolute majority of the second chamber shall be returned to the first chamber. If the first chamber approves the draft of law again by the majority of two-thirds of votes from the total number of its deputies, it shall be transferred to the second chamber for second discussion and voting. Twice-rejected draft may not be submitted again during the same session. No less than two readings introducing amendments and additions to the Constitution of the Republic of Kazakhstan shall be obligatory under Article 62, number 6 of the Constitution.
e)To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first?
A draft of law is first considered and approved by the absolute majority of the first chamber as per Article 61, number 4 of the Constitution.
f)Is the government responsible to the second chamber (when it is before the first one)? No.
g)Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? The first and second chambers shall have the right to form joint commissions on parity basis for solution of issues dealing with the joint activity of the Chambers, as per Article 60, number 2. Particularly, in cases where a draft of law submitted by the Government is not adopted, the Prime-Minister shall have the right to raise an issue of confidence in the Government at a joint session of the Chambers, in accordance with Article 61, number 8 of the Constitution.
h) Does the second chamber have a specific role in emergency situations? No.

14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?

The exclusive jurisdiction of the Mazhilis includes:
1) acceptance for consideration of draft constitutional laws and laws submitted to the Parliament;
2) by a majority vote of the total number of deputies of the Chamber, giving consent to the President of the Republic for the appointment of the Prime Minister of the Republic;
3) announcement of regular elections of the President of the Republic;
3-1) hearing twice a year the report of the Chairman of the Supreme Audit Chamber;
4) exercise of other powers assigned by the Constitution to the Mazhilis of the Parliament.

15.Please provide any other relevant observation on the bicameral system of the country.

The Mazhilis, by a majority vote of the total number of deputies of the Mazhilis, on the initiative of at least one fifth of the total number of deputies of the Mazhilis, has the right to express a vote of no confidence in the Government.