LEgAL ENvIRONMENT
A considerable proportion of Kazakhstan’s legal
environment originates from Soviet times. The
current legal framework is considered to be one
of the best among the post-Soviet states but is
still suffering heavily from the widespread cor-
ruption, lack of transparency, and the absence
of an independent judiciary. The current legal
system is based on civil law comprised of both
elements from Islamic law particularly, Adat,
which is customary law and Roman law as “leg-
islative and other normative legal acts can be
divided according to the constitutional, admin-
istrative, civil, criminal, labor and other material
or procedural laws.”[17] The Kazakhstan Consti-
tution is at the top of the hierarchy of laws. The
first Kazakh Constitution was adopted by the
Supreme Council of Kazakhstan on January 28,
1993, amended in August 1995, and in October
1998, “the Parliament enacted a Law on amend-
ments and complements to the Constitution of
the Republic of Kazakhstan.” There are three
branches to the Kazakh government: legislative
(Senate and the Majlis), executive branch (Cab-
inet of Ministers and other central state institu-
tions), and the judicial branch (Supreme Court
and Constitutional Council).
The President is the head of state and the high-
est representative body is the bicameral Parlia-
ment comprised of the Senate and the Majlis.
The Senate has 39 seats and its composition is
based on “deputies elected in twos from each
region, major city and the capital of the Repub-
lic of Kazakhstan, at a joint session of the
deputies of all representative bodies of the re-
spective oblast, major city and the capital of the
Republic.”[18] The Majlis is comprised of 77
deputies: 67 elected from geographical elec-
toral districts by voters and the other “10
deputies are elected on the basis of the Party
Lists according to the system of proportional
representation”[19] and serve five year terms.
The Kazakh Parliament, in comparison to the
United States Congress, carries out similar func-
tions such as: making additions to the Consti-
tution, approving budgets, granting war
powers to the President by making decisions on
war and peace and the use of armed forces.[20]
The judicial branch is the only branch that ex-
ercises judicial law in Kazakhstan and is com-
prised of regional, district, city, and town courts.
The Constitutional Court’s functions are driven
by Article 72 of the Constitution.[21] The Con-
stitutional Council’s members have a term of six
years and the Council consists of seven mem-
bers. The chairperson of the Constitutional
Court is appointed by the President, two mem-
bers are appointed by the President of the Re-
public, two by the Senate chairperson, and two
by the Majlis.[22]
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