What Types of Laws Exist and How They Relate to Each Other
The hierarchy runs: Constitution → constitutional laws → laws → presidential decrees → government resolutions → ministerial orders. Any lower-ranking act that contradicts a higher-ranking one has no legal force. The Constitution sits at the top.
Not all laws are equal. There is a clear hierarchy in Kazakhstan's legal system – and the Constitution stands at its peak.
Hierarchy of legal acts
| Level | What it is | Who adopts it |
|---|---|---|
| 1. Constitution | The fundamental law | The people (referendum) |
| 2. Constitutional laws | Laws on matters explicitly named in the Constitution | Kurultai (2/3 majority) |
| 3. Laws | The main body of legislation | Kurultai (simple majority) |
| 4. Presidential decrees | Normative acts of the head of state | President |
| 5. Government resolutions | Acts of the executive | Government |
| 6. Ministerial orders | Departmental acts | Ministers |
| 7. Maslikhat decisions | Local normative acts | Mаslikhats |
The priority rule
If an act at a lower level contradicts one at a higher level, the higher-ranking act prevails:
- A ministerial order cannot contradict a law.
- A law cannot contradict a constitutional law.
- Nothing can contradict the Constitution.
Why this matters in practice
Suppose a local official cites a departmental order and denies you a right guaranteed by the Constitution. That order has no legal force. You can:
- challenge it in court;
- report it to the Prosecutor's Office;
- apply to the Constitutional Court if the problem lies with the law itself.
Constitutional laws – a special tier
Constitutional laws are adopted on matters explicitly listed in the Constitution: on the President, the Kurultai, the courts, and referendums. Their adoption requires a qualified majority – at least 2/3 of deputies. They are harder to amend than ordinary laws.
Key facts
- The Constitution is the supreme act, at the top of the hierarchy
- A lower-ranking act that contradicts a higher-ranking one has no legal force
- Constitutional laws require a 2/3 majority in the Kurultai
- The hierarchy is a practical tool for defending your rights