THE PRESS RELEASE

On June, 21, 2010. Astana. The annual Message of the Constitutional Council «About a condition of the constitutional legality in the Republic of Kazakhstan» is announced at joint session of Chambers of the Parliament of the Republic by Chairman of the Constitutional Council I.Rogov.

In the Message it is marked, that last 2009 and the beginning of the current year are marked by the important events in a life of the Republic. Kazakhstan has headed one of the most authoritative international organizations - OSCE. According to the message of the Head of the State to people of Kazakhstan it is developed and the scale Strategic plan for development of the Republic of Kazakhstan till 2020 is realized, called to deduce the country on a new level of industrial development, within the framework of proceeding administrative reform legal positions of the Constitutional Council regarding more precise carrying out of a principle of division of authorities and appropriate use of the Main law are subject to wider embodiment in laws and other acts.

The Constitutional Council has noted, that accepted on a national referendum on August, 30, 1995 the Main law has created a strong basis for becoming and strengthening of institutes of the state and a civil society, has put in pawn guarantees of reliable protection of the rights and freedom of the person and the citizen, has provided conditions for dynamical development of economic, social and cultural potential of the country for the blessing of all people.

Symbol and the guarantor of firmness of the Constitution, a nucleus of state - imperious system is the President of the Republic of Kazakhstan providing unity and coordination of all state activity, the coordinated functioning and interaction of branches of authority. Due to presence of institute of strong and responsible presidential authority, and also activity of the First President of the Republic of Kazakhstan - the Leader of the Nation N.Nazarbaev, Kazakhstan has turned to the sovereign, peace and stable, authoritative, prospering and effective state which supreme values are the person, its life, rights and freedom. The constitutional principles embodied in the state practice provide confidence of tomorrow’s day present and the future generations, predictability of a policy of the country on international scene.

Becoming of Kazakhstan as a lawful state which core is the mode of the constitutional legality, has caused requirement for creation of a stable legislative basis for high-grade ability to live of the state and a society. In result for last 15 years the Parliament on the basis of the Constitution and in development of its positions has accepted more than 1700 laws regulating the most various spheres of public relations, having provided thus effective functioning of legal system of the country.

For this period all institutes of the government stipulated by the Constitution are created and provided with an appropriate legal basis. Creation of machineries of government in sphere of protection of the rights, freedom and legitimate interests of the person and the citizen is especially important. Courts, Office of Public Prosecutor, institute of the Representative under human rights, law-enforcement bodies, financial police, national safety and other law-enforcement structures became the effective tool of maintenance of the constitutional legality.

Realizing the powers, the Constitutional Council from the date of its formation has considered about 180 references, the majority from which has acted from Chairmen of Chambers of the Parliament and groups of its deputies (70) and courts of Republic (64), the Prime Minister of the Republic of Kazakhstan (23), and also 8 petitions for additional interpretation of decisions of the Constitutional Council on which it is accepted more than 140 normative decisions. Thus have been recognized unconstitutional as a whole or regarding 25 laws and the international contracts. By results of generalization of practice of the constitutional control over the Parliament 12 annual messages about a condition of the constitutional legality in the country are directed. Many of offers contained in them and recommendations on perfection of normative-legal base are taken into account in lawmaking and lawapplied. In a result, according to legal positions of the Constitutional Council and additions changes are brought in 65 laws.

The normative decisions accepted by the Constitutional Council provide a mode of the constitutional legality and exact interpretation of norms of the Constitution, enrich the law in force, fill blanks in legal regulation, form reference points of development of the legislation and правоприменительной practice.

Analyzing practice of the constitutional control and a condition of the constitutional legality in the country, the Constitutional Council believes, that the Constitution has successfully proved the solvency, its potential is not exhausted and the legal ideas fixed in the Main law, principles and norms should be opened in process of development of the state and a society, creation for this purpose necessary political, economic and social conditions.

In this connection, in opinion of the Constitutional Council, the main task for all state and public institutes - to provide unconditional realization of positions of the Main law in the law in force and правоприменительной to practice, formation of high legal culture in a society and the valid attitude to the main policy-legal document of the country.

The Constitutional Council has expressed confidence, that the Parliament of the Republic of Kazakhstan and other state bodies responsible for maintenance of the constitutional legality, will accept within the framework of the competence all necessary measures under the statement of principles of constitutionalism and elimination of the lacks marked in the Message.

THE PRESS-SERVICE
THE CONSTITUTIONAL COUNCIL
REPUBLICS KAZAKHSTANS

Ph.: 87172747958

e-mail: cckz@mail.ru