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The Republic of Kazakstan is a Presidential State with power divided among executive, legislative and judicial branches.

(a) Powers of the Executive

The President is Head of State and executive powers in the Republic of Kazakstan are exercised by the President and the Government. The President is elected to 5 year terms of office on the basis of universal, equal and direct suffrage by secret ballot. The members of the Government, including the Prime Minister, Ministers, and heads of State committees are appointed, and may be dismissed, individually or collectively, by the President. The President also appoints three of the seven members of the Constitutional Council, seven of the forty-seven members of the upper house of Parliament, executive heads of local government units in the Oblasts and major cities , all diplomatic representatives of the State, the highest commanding officers of the armed forces and the Chairperson of the State Budget Committee. With the consent of both houses of Parliament, the President appoints the head of the

National Security Committee.

The President is authorized to prioritize draft laws for consideration by Parliament and, once adopted, to either sign them into effect or to exercise power to veto them. In order to override a Presidential veto, both houses of Parliament must generate a vote of at least two thirds of total members. The Parliament may delegate its legislative powers to the President for a period of up to one year. The President, moreover, may dissolve Parliament in the following cases: where insurmountable differences arise between the houses of Parliament or between Parliament and another branch of State power giving

rise to a “political crisis;” where Parliament votes no-confidence in the Government or twice refuses to give its consent to the appointment of the Prime Minister. Finally, the President may call a national referendum and adopt decrees and resolutions implementing legislation.

The Government is organized and supervised by the Prime Minister who is, in turn, accountable to the President. The Government is authorized to develop, implement and enforce the main directions of socio-economic policy in the State including policies in the area of foreign relations, foreign economic

relations, revenue generation, defense, and public order. “Sub-law acts” in the form of resolutions and directives, which implement legislative acts, may be issued by the Government. The sub-law acts of the Government, as well as the acts of the executive heads of units of local government may be annulled by the President. The mandate of the Government expires with that of the President unless otherwise terminated by the President.

(b) Powers of the Legislature

The Parliament is a bi-cameral body with an upper house called the “Senate” and a lower house calledthe “Majilis.” There are sixty-seven deputies comprising the Majilis elected to four year terms on the basis of universal, equal and direct suffrage by secret ballot. The deputies of the Senate are elected to four year terms with half subject to re-election every two years. In addition to the 7 deputies appointed by

the President, two deputies from each “Oblast,” major city and the capital, are elected at a joint session of

the representative bodies of all local government units.

Upon the initiative of the President, Parliament may amend the Constitution. Parliament may

also adopt Constitutional Laws, Laws, resolutions and decrees on issues that, “regulate the most important public relations.” At joint sessions, Parliament approves of, and may issue changes to, the State budget and put forward an initiative calling for a national referendum. At separate sessions, the Majilis and then the Senate may ratify or denounce international treaties and decide issues of State loans and other forms of economic assistance. The Senate inter alia has exclusive jurisdiction to elect and discharge the Chairperson and all Justices of the Supreme Court and the Chairpersons of the Collegium of Justice. The Majilis inter alia has exclusive jurisdiction to accept draft Laws for consideration and to announce regular and extraordinary Presidential elections. The Government prepares most draft laws which are subsequently initiated for consideration by Parliament either by the Government or Parliament members.

(c) Powers of the Judiciary

Judicial power in the Republic of Kazakstan is exercised within the framework of a unitary court system divided among three tiers. The Supreme Court is a court of general appellate jurisdiction (and in certain contexts a court of original jurisdiction) with power to review all judicial decisions rendered by lower-tiered courts including those of the military courts. The Supreme Court, however, is divided into

specialized “Collegiums” with one Collegium reviewing cases in each of the following four areas: economic, civil, criminal, and military. The Supreme Court, moreover, may issue normative resolutions based upon court practice. These normative resolutions form binding precedents for courts subsequently considering similar cases and as such form part of the corpus of active law of the Republic of Kazakstan.

The Machinery Industry in Kazakhstan: Economic Conditions and Policies

At the next tier below the Supreme Court are the “Oblast” Courts, the Almaty City Court and the

Military Court of Troops. The Oblast and Almaty City Courts are courts of general jurisdiction which may function as courts of original or appellate jurisdiction depending upon the gravity or importance of a case assessed according to rules of civil and criminal procedure. Like the Supreme Court, the Oblast Courts are specialized into Collegiums. The Oblast Courts, moreover, exercise powers of appellate

review over the decisions of “District Courts.” Unlike the Supreme and Oblast Courts, the District Courts

are exclusively courts of general and original jurisdiction and are not organized into specialized Collegiums. Finally, the Military Courts are courts of original and specialized jurisdiction.

While the Republic of Kazakstan does not have a Constitutional Court per se, cases before the courts which give rise to questions challenging the constitutionality of laws or sub-law acts and which appear to infringe the rights or liberties of individuals are suspended and reviewed by the Constitutional Council. The Constitutional Council may declare the law or sub-law act unconstitutional, rendering that law or sub-law act without legal force, and issue normative resolutions which will then have the force of law.

2. Government Entities Responsible for Making and Implementing Policies Affecting Foreign