Law on privileges for Nazarbayev, his family members declared void in Kazakhstan - presidential order

ASTANA. Feb 15 (Interfax) - Kazakh President Kassym-Jomart Tokayev has endorsed a constitutional law to declare the constitutional law on the first president of the Republic of Kazakhstan void, the presidential press service said on Wednesday.

Both houses of the Kazakh parliament approved the new law at a joint session.

Earlier, former member of the lower chamber of the Kazakh parliament Yerlan Sairov said that the New Kazakhstan parliamentary group applied to the Kazakh Constitutional Court on this matter. The Constitutional Court eventually found that the law on the first president of Kazakhstan was unconstitutional.

"Attempts to assume all power and to monopolize political institutions in the political process of Kazakhstan, as practice shows, can depreciate political values and negatively affect the development of the state. So, it is extremely important to form a sociopolitical immunity to such problems in the future," Sairov said.

The law on the first president of Kazakhstan provided for a number of privileges for former President Nazarbayev and his family members. The document determined the first Kazakh president's political and legal status, prerogatives and guarantees after he stepped down as the head of state. In particular, Nazarbayev, as the first president, enjoyed the Popular Hero status and was exempt from the restriction of the right to be elected Kazakh president. The law also provided for the national leader's immunity. Nazarbayev could not be held accountable for actions committed while he was in office. He could not be subjected to any detention or arrest. He could not be placed into custody, searched or interrogated. His residence could not be searched either.

Immunity also applied to all the assets of Nazarbayev and his family members living together with him. Nazarbayev was also entitled to a monthly pension equivalent to 80% of the president's monthly salary.

The constitutional law, which is now declared void, also envisaged a number of other privileges.

The invalidation of the law on the first president of Kazakhstan does not deprive Nazarbayev of his immunity, which is guaranteed by constitution. The law's invalidation strips the first Kazakh president's family members living together with him of their immunity.

Kazakhstan saw a nationwide referendum on constitutional amendments on June 5, 2022. Provisions regarding the role and privileges of Kazakh First President Nursultan Nazarbayev were removed from the constitution. Those provisions included, in particular, one that gave Nazarbayev the right to be elected as the head of state more than two times in a row. The clause stipulating that the status and powers of the first Kazakh president are determined under the constitution and a constitutional law was also removed.