Kazakh Constitutional Court recognizes leader of nation law as null and void

ASTANA. Jan 11 (Interfax) - The Kazakh Constitutional Court adopted a resolution on Wednesday to recognize the Law on the First President of the Republic of Kazakhstan - Yelbasy as null and void.

"Given the will to exclude Clause 4 Article 46 and some other norms from the Constitution of the Republic of Kazakhstan, which the people of Kazakhstan expressed in a national referendum on June 5, 2022, we hereby recognize that the Constitution of the Republic of Kazakhstan provides no legal grounds for further existence of the Constitutional Law of the Republic of Kazakhstan, On the First President of the Republic of Kazakhstan - Yelbasy, in the current legislation of the Republic of Kazakhstan. The law shall therefore be declared null and void," the Constitutional Court said in a resolution on Wednesday.

The Majilis, lower chamber of the Kazakh Parliament, started hearing a constitutional bill, On the Invalidation of the Constitutional Law of the Republic of Kazakhstan on the First President of the Republic of Kazakhstan - Elbasy, at the end of December.

The bill will be processed at a joint hearing of parliament chambers in January 2023.

The Law on the First President gives a number of privileges to former Kazakh President Nursultan Nazarbayev and members of his family. For instance, the document defines the political and legal status, prerogatives and guarantees of the first president upon the expiry of his term of office. The first president has the status of a People's Hero and is exempt from limitations on being elected president. The law gives immunity to the leader of nation, who cannot be held responsible for actions taken while in office. He cannot be detained, arrested, incarcerated, searched, inspected, or interrogated, either.

The immunity applies to all assets of Nazarbayev and family members who live together with him. The law provides for the activity of the former president and entitles him to a monthly pension in the amount of 80% of the presidential monthly salary.

There are some other privileges envisaged by the law, as well.

The invalidation of the Law on the First President of Kazakhstan will not strip Nazarbayev of immunity, because it is guaranteed by constitution, yet family members residing together with Nazarbayev will lose their immunity.