61

Article 61 1. The President of the Republic, the Deputies of Parliament and the Government shall have the right of a legislative initiative which shall be realized only in the Mazhilis. 2. The President of the Republic of Kazakhstan shall have the right to determine priority consideration of draft laws which means that the draft law shall be adopted as a matter of urgency within two months. Draft laws introduced as a legislative initiative of the Government of the Republic in order to promptly respond to the conditions that threaten the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country, shall be subject to consideration by the Parliament immediately at a joint session of its Chambers. 3. Parliament shall have the right to issue laws that regulate the most important public relations and establish fundamental principles and standards relating to: 1) the legal capacity of individuals and legal entities, civil freedoms and rights, and the obligations and responsibilities of individuals and legal entities; 2) the system of ownership and other real property rights; 3) the basis of the organization and activities of central and local government bodies and of civil and military service; 4) taxation and the application of fees and other mandatory charges; 5) the republican budget; 6) issues of the judicial system and legal proceedings; 7) education, health care and social provisions; 8) the privatization of enterprises and their property; 9) environmental protection; 10) the administrative and territorial structure of the Republic; 11) national defence and security. All other issues are covered by local by-laws. In case of introduction of draft laws to the Parliament provided for by part two of paragraph 2 of this article, the Government of the Republic shall have the right to adopt, under its own responsibility the temporary regulatory legal acts having the force of law on the issues specified in part one of this paragraph, which are valid until the entry into force of laws adopted by the Parliament or until the Parliament does not adopt the laws. 4. A law adopted by a majority vote of the total number of deputies of the Mazhilis shall be submitted to the Senate, where it is considered for no more than sixty days. The Majilis as a whole shall have the right to reject the draft law by a majority vote of the total number of deputies. The rejected draft law shall be considered not adopted and returned to the initiator. A law approved by a majority vote of the total number of deputies of the Senate shall be submitted to the President for signing within ten days. If the Senate does not approve the law as a whole or its certain articles, then the law shall be returned to the Mazhilis. At the same time, the Senate shall have the right to propose a new version of certain articles of the law to the Mazhilis. In the event that the Senate has not adopted a relevant decision within sixty days, the law shall be submitted to the President for signing. 5. If the Mazhilis, 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 shall be considered adopted by the Mazhilis in a new version and approved by the Senate and shall be submitted to the President for signing within ten days. If the Mazhilis, 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 shall be resolved through conciliation procedures. The version of the law worked out by the conciliation commission shall be subject to consideration by the Majilis and the Senate in the manner prescribed by paragraph 4 of this article. In cases when the Majilis, by a majority of votes from the total number of deputies of the Chamber, did not adopt the law in the wording proposed by the conciliation commission, the Majilis shall conduct a second vote on the law in the previously adopted version. If, during the repeated voting, the Mazhilis confirms the earlier made decision by a two-thirds majority of the total number of deputies of the Chamber, the law shall be submitted to the President for signing 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. 5-1. excluded by the Law of the Republic of Kazakhstan dated 08.06.2022 (shall be enforced from 01.01.2023). 6. The draft laws that provide for the reduction of state revenues or increase in state expenditures may only be submitted when there is a positive resolution of the Government of the Republic of Kazakhstan. This resolution shall not be required with respect to the draft laws that are subject to consideration by the Mazhilis of the Parliament as part of the legislative initiative of the President of the Republic of Kazakhstan. 7. If the draft law submitted by the Government has not been adopted, the Prime- Minister shall have the right to raise an issue of confidence in the Government at a joint session of the Chambers. The voting on this issue shall be held no earlier than forty-eight hours from the moment of calling for a vote of confidence. If the call for a vote of confidence does not receive the majority vote of the total number of deputies of each Chambers, a draft law shall be deemed to be adopted without voting. However, the Government may not exercise this right more than twice a year. Footnote: See regulatory resolutions of the Constitutional Council of the Republic of Kazakhstan N 3/2 dated March 12, 1999; dated 27.09.1999 № 18/2; N 19/2 dated November 3, 1999; No 9/2 dated June 15, 2000; No15/2 dated July 3, 2000; No 8/2 dated June 8, 2001; dated 13.05.2003 № 6; dated 15.10.2008 № 8. Footnote: Article 61 as amended pursuant to the Laws of Republic of Kazakhstan N 254- III dated May 21, 2007 (shall be enacted from the day of its official publication), dated March 10, 2017; № 51-VI (shall be enacted from the day of its first official publication); dated 08.06.2022 (shall be enforced from 01.01.2023).