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Acting President of Kazakhstan

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Acting President of the Republic of Kazakhstan
Қазақстан Республикасы Президентінің міндетін атқарушы (Kazakh)
Исполняющий обязанности Президента Республики Казахстан (Russian)
Presidential standard
Flag of Kazakhstan
Incumbent
Vacant
since 12 June 2019
Executive branch in Kazakh Politics
StatusActing head of state
Acting Head of government
Member ofGovernment
Security Council
Term lengthSituational
Constituting instrumentConstitution of Kazakhstan

The acting president of the Republic of Kazakhstan (Kazakh: Қазақстан Республикасы Президентінің міндетін атқарушы, romanized: Qazaqstan Respublikasy Prezidentınıñ mındetın atqaruşy; Russian: Исполняющий обязанности Президента Республики Казахстан) is a temporary post provided by the Constitution of Kazakhstan. This role is assumed by an individual who fulfills the duties of the president of Kazakhstan in cases of incapacity or vacancy. However, the acting president is more limited in power, as they cannot propose constitutional amendments.

Constitutional provision

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The Constitution of Kazakhstan explicitly outlines the provisions regarding the acting president, detailing the specific circumstances under which the acting president assumes the duties of the president in cases of incapacity or vacancy. This constitutional provision serves as the authoritative reference for the temporary role of the acting president in the Republic of Kazakhstan.

Article 48, Section III:[1]

  1. In case of early removal or impeachment of the President of the Republic of Kazakhstan, as well as in case of his or her death, the powers of the President of the Republic for the remaining term of office shall be transferred to the Chairman of the Senate of the Parliament; if the Chairman of the Senate is not able to assume the powers of the President, they shall be transferred to the Chairman of the Mäjilis of the Parliament; if the Chairman of the Mäjilis is not able to assume the powers of the President, they shall be transferred to the Prime Minister of the Republic. A person who has assumed the powers of the President of the Republic shall relinquish the powers of the Chairman of the Senate, the Chairman of the Mäjilis and the Prime Minister. In such a case, the vacant public offices shall be filled in the manner prescribed by the Constitution.
  2. A person who has assumed the powers of the President of the Republic of Kazakhstan on the grounds and in the manner provided for in Paragraph 1 of this Article shall not have the right to introduce amendments and additions to the Constitution of the Republic of Kazakhstan.

History

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The office of the President of the Kazakh SSR was formally established in April 1990, setting aside for the order of succession precedent for fulfilling the president's vacant role. Initially, according to the Constitution of the Kazakh SSR, presidential powers would be transferred to the Vice President of Kazakhstan, or if unavailable, to the Chairman of the Supreme Soviet of the Kazakh SSR.[2] With Kazakhstan's independence and the adoption of the 1993 Constitution, this precedent of largely remained intact, except for the requirement of holding snap presidential elections within two months, during which the incumbent head of state holds temporary presidential powers.[3]

In 1995, the current Constitution of Kazakhstan was adopted, officially introducing the designated position of acting president and reshuffling the order of succession in cases where the president is unable to perform their duties as outlined in Constitutional Law No. 2733 "On the President," dated 26 December 1995. The Acting President's authority was limited, prohibiting actions such as dissolving the Parliament, terminating the powers of the Government, calling a republican referendum, or proposing constitutional changes.[4]

On 6 May 1999, President Nursultan Nazarbayev signed a decree amending the Constitutional Law "On the President," which lifted several legal restrictions on the acting president, except for the prohibition against directly proposing constitutional changes.[5]

The provision for an acting president was first invoked in March 2019, following President Nazarbayev's resignation which saw Senate Chairman Kassym-Jomart Tokayev assuming the role of acting president for the first time in history.[6] While the defunct constitutional provision once mandated snap presidential elections following the president's early resignation, Tokayev had the legal right to serve the remainder of Nazarbayev's term as acting president until 2020.[7][8][9] Nevertheless, he chose to call for snap elections in June 2019 and participated as the frontrunner, adhering to the precedent.[10][11] Subsequently, Tokayev was officially sworn in as the second president of Kazakhstan on 12 June 2019 after winning the snap vote that year.[12][13]

List

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  Nur Otan
Portrait Name Affiliation Term of office Qualifying office Notes
Kassym-Jomart Tokayev
(1953–) 		Nur Otan 20 March 2019 12 June 2019 Senate Chairman Became acting president when President Nazarbayev resigned. Was elected president in 2019.

See also

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References

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  1. ^ "Constitution of the Republic of Kazakhstan - "Adilet" LIS". adilet.zan.kz. Retrieved 2024-03-13.
  2. ^ "Закон Казахской Советской Социалистической Республики от 24 апреля 1990 г. Об учреждении поста Президента Казахской ССР и внесении изменений и дополнений в Конституцию (Основной Закон) Казахской ССР". Информационная система ПАРАГРАФ (in Russian). Retrieved 2024-03-13.
  3. ^ "ҚАЗАҚСТАН РЕСПУБЛИКАСЫНЫҢ КОНСТИТУЦИЯСЫ - "Әділет" АҚЖ". adilet.zan.kz (in Kazakh). Retrieved 2024-03-13.
  4. ^ "КОНСТИТУЦИЯ РЕСПУБЛИКИ КАЗАХСТАН (принята на республиканском референдуме 30 августа 1995 года) (первоначальная редакция, действовавшая до внесения изменений и дополнений от 07.10.1998 г.) День вступления Конституции в силу - 5 сентября 1995 г. (редакция от 07.10.1998 г.) (редакция от 07.10.1998 г.)". Информационная система ПАРАГРАФ (in Russian). Retrieved 2024-03-13.
  5. ^ "On Introduction of Amendments and Supplements to the Decree of the President of the Republic of Kazakhstan Having the Force of Constitutional Law "On the President of the Republic of Kazakhstan" - "Adilet" LIS". adilet.zan.kz. Retrieved 2024-03-13.
  6. ^ "Toqaev Sworn In As Kazakhstan's Acting President". Radio Free Europe / Radio Liberty. 2019-03-20. Retrieved 2024-03-13.
  7. ^ Stronski, Paul (2019-03-20). "Kazakhstan's Autocratic President Resigns. What Happens Next?". Carnegie Endowment for International Peace. Retrieved 2024-03-13.
  8. ^ Toktonaliev, Timur (2019-03-22). "Nazarbayev Plans His Legacy". CABAR.asia. Retrieved 2024-03-13.
  9. ^ Troianovski, Anton (2019-03-19). "Kazakhstan President Nazarbayev to step down after nearly 30 years in power". Washington Post. ISSN 0190-8286. Retrieved 2024-03-13.
  10. ^ Gotev, Georgi (2019-04-09). "Kazakhstan to hold early presidential elections on 9 June". www.euractiv.com. Retrieved 2024-03-13.
  11. ^ Yıldırım, Cihangir (2019-04-27). "Kazakh President Tokayev to follow in Nazarbayev's footsteps". Daily Sabah. Retrieved 2024-03-13.
  12. ^ "Successor to longtime Kazakh ruler is sworn in as president". France 24. 2019-06-12. Retrieved 2024-03-13.
  13. ^ "Toqaev Inaugurated As Kazakhstan's President Amid New Arrests". Radio Free Europe/Radio Liberty. 2019-06-12. Retrieved 2024-03-13.
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