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On the Constitutional Council of the Republic of Kazakhstan

The Decree of the President of the Republic of Kazakhstan No. 2737, having the Force of the constitutional law, dated December 28, 1995. According to Article 1 of the Law of the Republic of Kazakhstan "Concerning the Temporary Delegation of Additional Authorities to the President of the Republic of Kazakhstan and the Heads of Local Administrations" dated December 10, 1993 and in order to realize the provisions of the Constitution of the Republic of Kazakhstan I issue this Decree.

Chapter I
General Provisions

Article 1. Status of the Constitutional Council
The Constitutional Council as a state body providing the supremacy of the Constitution of the Republic of Kazakhstan on the entire territory of the Republic:
1) is self-dependent in exercising its powers and independent from any state structures, organizations, officials and citizens, and adheres only to the Constitution of the Republic and cannot proceed from any political or other motives;
2) to exercise its powers following to the Constitution of the Republic and this Decree, refraining from establishing and investigating of any other issues in cases when they are covered by terms of competence of courts or any other state authorities.

Article 2. Composition of the Constitutional Council
The Constitutional Council consists of seven members, including the Chairman of the Constitutional Council. Every ex-Presidents of the Republic by right is life-long member of the Constitutional Council.

Article 3. Procedure of Forming the Constitutional Council
1. The Chairman of the Constitutional Council is appointed to and dismissed from office by the President of the Republic.
2. Two members of the Constitutional Council are appointed to and dismissed from their offices by the President of the Republic, two by the Chairman of the Senate and two by the Chairman of the Mazhilis (the lower house of the Parliament). Half of the members are renewed every three years.

Article 4. Requirements to Alternate Members of the Constitutional Council
1. Membership to the Constitutional Council may be assigned to a citizen of the Republic of Kazakhstan of less 30 years old, who is living in a territory of the Republic, who has law degree and who has a minimum five year's of professional legal experience.
2. Requirements set in Paragraph 1 of this Article do not apply to ex-Presidents of the Republic.

Article 5. Terms of the Members of the Constitutional Council
1. The authorities of the Chairman and the members of the Constitutional Council span six years.
2. The termination of the terms of the Chairman and the members of the Constitutional Council and their replacement shall be in compliance with the Constitution and this Decree.
3. The offices of the Chairmen and the members of the Constitutional Council shall be replaced within a month from the date they left their offices or their office term expired.
4. If the term of office of the Chairman and the members of the Constitutional Council expires during the period in which they are involved in legal investigation a case of the Constitutional Council, they reserve their authorities until the final decisions has been passed.

Article 6. Oath of the Chairman and the Members of the Constitutional Council
After their having been appointed the Chairman and the members of the Constitutional Council shall be solemnly adjured by the President of the Republic at the joint session of the Houses of Parliament and the oath shall run as follows: "I do swear solemnly to carry out honestly and conscientiously the duties of the Chairman (the member) of the Constitutional Council of the Kazakhstan Republic, to be unbiased and bound solely by the Constitution of the Republic of Kazakhstan and by nothing and no one else.

Article 7. Sessions of the Constitutional Council
1. The sessions of the Constitutional Council is competent if not less than two third of the Constitutional Council's members are present at the sessions.
2. The sessions of the Constitutional Council shall be convened as required by the Chairman of the Constitutional Council and at his absence by the Council member acting as Chairman of the Constitutional Council.

Article 8. Constitutional Procedure
The issues covered by the terms of reference of the Constitutional Council shall be considered and decisions on them shall be made in accordance with the constitutional procedure, established by the Constitution and this Decree.

Article 9. Legislation on the Constitutional Council
1. Status, competence, organization and procedures of the Constitutional Council shall be determined by the Constitution of the Republic and this Decree.
2. The Constitutional Council shall accept regulations of the Constitutional Council on the issues regarding its activities which are not regulated by the Constitution and this Decree.

Chapter II
Status of the Chairman and the Members of the Constitutional Council

Article 10. The Chairman and the Members of the Constitutional Council as officials
1. The Chairman and the members of the Constitutional Council are officials whose statuses are determined by the Constitution and this Decree and by the Law on State Service with regard to the part not regulated by the Constitution and this Decree.
2. No member of the Constitutional Council of the Republic of Kazakhstan may be a deputy of the Senate or the Mazhilis, hold or retain other public office, engage in entrepreneurial or any other paid activities apart from teaching, academic and other creative activity.

Article 11. Independence of the Chairman and the Members of the Constitutional Council
1. The Chairman and the members of the Constitutional Council are independent in performing their duties and submit only to the Constitution and this Decree. No other acts have an admittedly binding force to them. It is forbidden to interfere in their activities and to exert pressure or any other influence on them in any manner whatsoever and this entail legal accountability.
2. The activity of the Chairman and the members of the Constitutional Council concerning the constitutional proceedings is not accountable. Nobody has the right to ask for their giving an account as regards their exercising their powers.
3. No person may ask for and the Chairman and members of the Constitutional Council, save as at the sessions of the Constitutional Council, are restrained from giving their opinions and consultations with regards to the issues, being considered by the Constitutional Council, before final decisions have been adopted on them.
4. During their terms members of the Constitutional Council shall be irremovable. Their authorities shall not be terminated or suspended, except as in cases stipulated by this Decree.
5. The Chairman or the member of the Constitutional Council shall be obliged to declare his refusal to accept, which shall satisfied by the Constitutional Council provided that his objectivity shall be deemed doubtful because of personal direct or indirect interest in the issue under consideration of the Constitutional Council.
6. The Member of the Constitutional Council has no right to defend or represent, except for legal representation, any persons at a court or at law-enforcement bodies, to patronize any persons in realizing their rights and exemption from liabilities.

Article 12. Inviolability of the Members of the Constitutional Council
1. During the term of office, the Chairman and the members of the Council may not be arrested, detained, or suffer administrative punishment imposed by a court of law, or be arraigned on criminal charges without consent of Parliament, except in cases of being apprehended on the scene of a crime or the commitment of grave crimes.
2. Criminal proceedings in respect of the Chairman or the member of the Constitutional Council may be instituted only by the Head of the republican state body holding the inquest and investigation. The legality of case investigation shall be controlled by the General Prosecutor of the Republic, who is to produce to the Parliament his consent to institute criminal proceedings against the Chairman or the member of the Constitutional Council. Criminal case in respect of the Chairman or the member of the Council is referred to jurisdiction of the Supreme Court of the Republic.
3. The Chairman and the members of the Constitutional Council are not subject to disciplinary liability.
4. No person has the right to debar the member of the Constitutional Council from participating in the sessions of the Constitutional Council, if his authorities have not been suspended according to this Decree.

Article 13. Equality of the Chairman and the Members of the Constitutional Council
The Chairman and the members of the Constitutional Council possess equal rights in considering the issues accepted by the Constitutional Council and in making decisions on account of them, except in case stipulated under Paragraph 3 Article 33 of this Decree.

Article 14. Suspension of the Powers of the Chairman and the Member of the Constitutional Council
1. The person that has appointed the Chairman of the Council may suspend his authorities on request from the Constitutional Council in case that he:
1) has missed the sittings of the Constitutional Council over three times without reasonable excuse;
2) is incapable for a long period due to his illness;
3) has been recognized untraceable by valid judgment of the court.
2. The authorities of the Chairman or of the member of the Council may also be suspended in case that consent has been given to apprehend him, to bring him to administrative or criminal responsibility, to present a proper petition in the court for taking coercive medical actions, or incapacitating him.
3. The decision of suspension of the authorities of the Chairman or the member of the Constitutional Council shall be made not later than within one month from the date the grounds for such suspension were revealed.
4. The authorities of the Chairman or the member of the Council shall be suspended until the time the ground for their suspension is no longer relevant.

Article 15. Termination of the Authorities of the Chairman / the Member of the Constitutional Council
1. The authorities:
1) of the Chairman of the Constitutional Council shall be terminated by the President of the Republic.
2) of the member of the Constitutional Council shall be terminated by the functionary that has appointed him.
2. The authorities of the Chairman / the member of the Constitutional Council shall be terminated as a result of:
1) satisfaction of their resignation;
2) valid Supreme Court judgement for his conviction;
3) recognizing him as incapable according to the valid judgement of a court of law;
4) recognizing him as deceased according to valid judgement of a court of law;
5) his death;
6) non-compliance with the conditions stipulated under Article 10, Paragraph 2 of this Decree;
7) violation of the oath, failure to carry out the requirements of the of the Constitution and this Decree, commission of a detractive act, incompatible with his high status;
8) assignment with violation of the requirements laid down in the Constitution and this Decree;
9) expiration of the term of office assigned in the Constitution;
10) reaching sixty years old, in exceptional cases - sixty five years old, except for the ex-President of Republic;
11) joining a party or any other community purposing political aims.

Article 16. Maintenance of the Chairman and the Members of the Constitutional Council
1. The remuneration of the Chairman and the members of the Constitutional Council shall be fixed by the President of the Republic in the manner prescribed by Paragraph 9 of the Article 44 of the Constitution of the Republic.
2. Housing, transport and other facilities, medical care and sanatorium-and-spa treatment shall be provided to the Chairman and members of the Constitutional Council according to the procedure established by the President of the Republic.

Chapter III
Competence of the Constitutional Council of the Republic and its officers

Article 17. Competence of the Constitutional Council
1. According to the Constitution, Article 72, Paragraph 1, Subparagraph 1), in case of dispute the Constitutional Council determines the accuracy in conducting of:
1) presidential election in RK;
2) election of Parliament Deputies in RK;
3) Republican Referendum.
2. According to the Constitution, Article 72, Paragraph 1, Subparagraphs 2), 3) the Constitutional Council shall consider:
1) laws adopted by Parliament as regards their compliance with the Constitution before they have been signed by the President;
2) international treaties of the Republic as regards their compliance with the Constitution before they have been ratified.
3. According to the Constitution, Article 72 , Paragraph 1, Subparagraphs 4), 5) the Constitutional Council shall give:
1) the formal interpretation of the Constitution norms;
2) Constitutional procedure observance conclusion before Parliament's passing resolution on the early dismission of the President of Republic and it's making final decision about depriving the President of his office.
4. The Constitutional Council shall in accordance with the Constitution:
1) Article 72, Paragraph 2, consider appeals of courts of law to recognize the act as non-compliant to the Constitution if the court detects in accordance with Article 78 that the law or the statutory act which to be used infringes upon the human and citizens rights and freedoms guaranteed by the Constitution;
2) Article 53, Paragraph 1, Subparagraph 11), annually sends to Parliament a message on the constitutional lawfulness state in Republic on the basis of constitutional practice generalization.

Article 18. Other Authorities of the Constitutional Council
The Constitutional Council:
1) is entitled to request and receive documents, materials and other information from all the governmental bodies and organizations in the frame of its competence and to enlist the services of experts, scientists and consultants.
2) submits an appeal for suspension of the powers of the Chairman and members of the Constitutional Council and exerts other powers prescribed this Decree.

Article 19. Authorities of the Chairman of the Constitutional Council
1. The Chairman of the Constitutional Council shall:
1) govern the preparation of the issues to be considered by the Constitutional Council;
2) convene sittings of the Constitutional Council, introduce issues and preside at sittings of the Constitutional Council;
3) assign duties to the members of the Constitutional Council, organize the work of the members of the Council and its staff;
4) make arrangements to ensure conduction of sittings;
5) announce the message of the Constitutional Council on the constitutional lawfulness state in the Republic at joint sittings of the Parliament Houses;
6) at the request of the Republic President shall give him information on the constitutional lawfulness state in the country;
7) sign resolutions and minutes of the sittings of the Constitutional Council;
8) submit Constitutional Council Standing Orders for approval to the Constitutional Council;
9) approve the Regulations on Constitutional Council staff, the staff structure and the Constitutional Council staff list within the limits of budgetary appropriations made available;
10) appoint to and dismiss from office Constitutional Council staff;
11) exercise other powers according to this Decree and the standing orders of the Constitutional Council.
2. The Chairman of the Constitutional Council shall give orders and instructions with respect to issues that are within his competence.

Chapter IV
Constitutional Procedure

Article 20. Constitutional Procedure Participants
1. The Participants of constitutional procedure are the following persons and bodies on whose request a constitutional procedure may be initiated:
1) President of the Republic;
2) Senate Chairman;
3) Mazhilis Chairman;
4) not less than one-fifth of the total number of Parliament Deputies;
5) Prime Minister;
6) Republic Courts of Law;
7) state structures and officials whose acts' constitutionality shall e checked.
2. When necessary the Procedure Participants may have representatives in the Constitutional Council empowered in the manner prescribed by the civil remedial legislation.

Article 21. Rights and Duties of the Constitutional Procedure Participants
1. Constitutional Procedure Participants shall have equal remedies.
2. Constitutional Procedure Participants have the right to:
1) familiarize themselves with procedure materials, take extracts thereof and copy them;
2) produce evidence, participate in examination of them prove the circumstances they refer to as grounds for their applications and objections;
4) submit petitions and to give their opinions as regards petitions submitted;
5) give oral and written clarifications to the Constitutional Council;
3. A Constitutional Procedure Participant:
1) by whose application a constitutional procedure has been initiated has the right to change the ground for his application, to enlarge or diminish its scope or to withdraw it before the beginning of the meeting of the Constitutional Council;
2) regarding whose acts a constitutional procedure has been instituted has the right to acknowledge in full or partially or to object demands manifested in application.
4. Constitutional Procedure Participants are obliged to:
1) exercise their rights conscientiously.
Their giving false data to the Constitutional Council or not giving documents, materials and other information when required by the Constitutional Council shall be regarded as contempt of the Constitutional Council and shall entail legal accountability;
2) treat respectfully the Constitution of the Republic, the Constitutional Council, its requirements and procedures admitted by the Constitutional Council;
3) submit to the Chairman's instructions to observe the sitting procedure.

Article 22. Form and Content of Application to the Constitutional Council
1. Applications to the Constitutional Council shall be in written form.
2. The followings must be indicated in the application:
1) name of the Constitutional Council;
2) name, location, address and other necessary data on the applying person;
3) name, address and other data on the representative of the applying person and its authorities, except cases of representation by office;
4) name, location and addresses of state structures and officials who has signed or issued acts relating to conduction of presidential or Parliament Deputies election, or national referendum in case that the application concerns the correctness of their conduction;
5) name and date of the law in case that the application brings up the question of the compliance of the law adopted by Parliament to the Constitution;
6) name, date and location of signing of international treaties of the Republic, officials that signed them on behalf of the Kazakhstan Republic in case that the application concerns the compliance of the international treaties of the Republic to the Constitution;
7) Constitutional propositions the formal interpretation of which have been dealt with in the application;
8) name, location and address of the state body and official who has signed or issued the act, name, number, adoption date, promulgation sources and other requisites of the law or any other statutory act in case that the question of recognizing of the act as non-constitutional has been raised in the application, that the law or the statutory act have been recognized by the court as infringing on the human and civil rights and freedoms fixed by the Constitution;
9) name, composition and finding of the commission formed by Parliament according to Constitution, Article 47, Paragraph 1; name, date of adoption and content of acts connected with Parliament's treatment of the question of early dismissal of the President;
10) information about number of Deputies who have initiated the question of depriving the President from his office; information about the results of voting in Parliament Houses; information about the results of investigation of the charge against the President; information of the Supreme Court's finding as regards the reasonableness of the charge; name, date of adoption and content of acts connected with Parliament's treatment of the question of early dismissal of the President;;
12) other facts, circumstances and evidence founding the application and proving its validity;
13) regulations of the Republic Constitution and of this Decree giving the right to apply to the Constitutional Council;
14) list of applied documents.
3. The application shall be written by the proper subject, and in case that it is submitted by a court of law it must be signed by the chairman of the court concerned.
4. The application shall be accompanied by the following:
1) copies of act texts referred by the applying subject;
2) documents proving the authorities of the representative, except in case the representation is made by office;
3) ten copies of the application and its attachments.
5. The documents written in languages other than the languages of constitutional procedure shall be accompanied by their translation into Russian or Kazakh.

Article 23. Consequences of Applying to the Constitutional Council
In case of applying to the Constitutional Council as to the questions indicated in:
1) Article 72, Paragraph 1, Sub-paragraph 1) of the Constitution, the inauguration of the President, filing of the elected Deputies or summing up of the republican referendum shall be suspended;
2) Article 72, Paragraph 1, Sub-paragraph 2), 3) of the Constitution, signing or ratification of the acts concerned shall be suspended;
3) Article 78 of the Constitution, proceedings on the action shall be suspended.

Article 24. Examination Term
Constitutional Council shall examine the admitted application and make a decision regarding it within one month from the date of application. On request from the President this term may be reduced to ten days, if the matter is the urgent one.

Article 25. Acceptance or Rejection of Application
The application received shall be submitted by the Council Chairman for examination to the Constitutional Council and the sitting thereof will be held within three days from the date of receipt. The Constitutional Council shall reject the application and return it in case that:
1) the application fails to comply with the form and application content established by third Decree or is initiated by the wrong subject;
2) the subject of the application is not covered by the terms of reference of the Constitutional Council;
3) the constitutionality of the question pointed out in the application has already been checked and there is a valid resolution of the Constitutional Council;
4) the question pointed out in the application is not allowed by the Constitution;
5) the act the constitutionality of which is questioned has been revoked or became invalid.

Article 26. Materials Preparation Procedure
1. The Chairman of the Constitutional Council shall assign the member of the Constitutional Council to prepare materials before the sitting of the Constitutional Council by his instruction. If the application received is particularly difficult or extremely important the preparation of materials may be assigned to more than one members of the Constitutional Council.
2. In case there are several interconnected applications received the Constitutional Council may decide to unite them into one constitutional procedure. When decision is made to accept for examination several interconnected applications one part whereof is within the competence of the Constitutional Council and another is covered by the terms of reference of other governmental structures only the applications which are within the competence of the Constitutional Council are subject to consideration.
3. When an application has been admitted for consideration the member of the Constitutional Council shall be obliged to prepare materials to be considered at the sitting of the Constitutional Council, and for this purpose he:
1) shall determine the participants of the constitutional procedure; explain to them their rights and duties stipulated by this Decree;
2) shall obtain necessary documents and other information concerning the subject of application on demand;
3) shall question, if necessary, proper officials, involve academics and practical personnel in the capacity of specialists and experts and assign to them checking, investigation and expertise;
4) shall make arrangements to ensure that copies of the materials are received by the members of the Constitutional Council not later than two days before the sitting;
5) shall prepare the draft decision of the Constitutional Council;
6) shall make other arrangements to ensure proper consideration of the application.
4. After completion of the preparatory work the Constitutional Council Chairman by his instruction shall assign the date of conduction of the Council sitting at which the questions raised by the application will be considered.

Article 27. Procedure of the Constitutional Council Sitting for Examination of the Accepted Application
1. the Constitutional Council shall consider applications at a sitting presided by the Chairman of the Constitutional Council.
2. At the appointed time the Chairman shall:
1) make sure that enough number of the Constitutional Council members is present to hold the sitting and that the minutes keeping is provided;
2) declare the sitting of the Constitutional Council open;
3) read the issues to be considered;
4) ask the reporter to name the participants of the sitting, specialists and experts having been called and present at the sitting and to set forth the reasons for not coming of the absentees;
5) clarify to the participants of the constitutional procedure their rights and obligations;
6) question the participants of the sitting as to their having or not a petition, and shall asks the Constitutional Council members, whether they approve such petition or not;
7) announces the beginning of consideration of the questions to be considered.
3. The consideration of each question shall start from the speech of the Constitutional Council's reporter member who shall give an account of the essence of the question, reasons and grounds for considering it, the content of the materials on hand. Members of the Constitutional Council are entitled to ask for making a point more precise.
4. Applying subjects as well as the representatives of governmental structures and functionaries (their representatives), whose acts and actions are being checked against their constitutionality and whose abidance by the constitutional procedure is being verified may participate voluntarily or by request of the Constitutional Council participate at the sitting of the Constitutional Council, at which the accepted application is considered. When necessary, explanations and statements of other participants of the constitutional procedure, experts, specialists and other invitees may be listened to.
5. When the question is clear enough, the Chairman declares the opening of the counsel of the members of the Constitutional Council for making final decision. It is not allowed to impart to anybody the content of deliberation, voting course and results. In the course of the counsel members of the Constitutional Council may word freely their standing as regards the issue considered and ask other members of the Constitutional Council to define more precisely their positions.

Article 28. Keeping Minutes of Sittings of the Constitutional Council
1. It is required to keep the minutes of the sittings of the Constitutional Council and, if necessary, to take it down shorthand.
2. The minutes of the sitting of the Constitutional Council shall be kept in the language of the constitutional procedure.
3. The procedure of conduction of the sitting of the Constitutional Council, requirements to its content and other questions of record-keeping at the Constitutional Council sittings shall be determined by the Chairman of the Constitutional Council.

Article 29. Language of the Constitutional Procedure
1. The constitutional procedure shall be carried out and the decisions of the Constitutional Council shall be set forth in Kazakh or in Russian.
2. Persons participating in the constitutional procedure which does not know the language of the constitutional procedure shall be provided by the translation onto their mother tongue or in the language they know.

Article 30. Termination of the Constitutional Procedure
1. The constitutional procedure is subject to termination at any stage before making the final decision in cases that:
1) the application submitted has been withdrawn by the subject;
2) the act the constitutionality whereof is being questioned has been revoked or became invalid;
3) the submitted application is beyond the terms of reference of the Constitutional Council.
2. The decision of the Constitutional Council to terminate the constitutional procedure shall deprive the subject of the opportunity to apply another time to the Constitutional Council on the same grounds.

Chapter V
Decisions of the Constitutional Council of the Republic

Article 31. Constitutional Council Decision Types
1. Any act made at a sitting of the Constitutional Council shall be the decision of the Constitutional Council.
2. Decisions of the Constitutional Council are divided into final decisions whereby the constitutional authorities of the Constitutional Council are exercised and other decisions whereby other authorities of the Constitutional Council are exercised.

Article 32. Decision Forms of the Constitutional Council
Decisions of the Constitutional Council are made in the form of:
1) Resolutions, including normative regulations which are the constituent part of valid law of the Kazakhstan Republic.
2) Findings;
3) Messages.
Article 33. Constitutional Council's Making Decision
1. The Constitutional Council makes its decisions jointly.
2. The Constitutional Council makes decisions by the majority of votes from the total number of its members by way of voting by show and upon request of at least one member of the Constitutional Council by secret vote.
3. In case the votes have equally divided the vote of the chairman, who always votes the last, shall be casting. This does not apply if the Chairman is replaced by the proper member of the Constitutional Council authorized by him. In such a case the Constitutional Council must poll anew with participation of the Chairman and the member of the Constitutional Council which did not take part in the first voting.
4. No member of the Council has the right to abstain from or not to participate in voting during the counsel of the Constitutional Council.
5. Decisions made passed by the Constitutional Council must be affirmed by the signatures of the members of the Constitutional Council participated in voting.

Article 34. Separate Opinion of the Member of the Constitutional Council
The member of the Constitutional Council who does not agree with its final decision is entitled to lay down his opinion in written form.

Article 35. Additional Decision of the Constitutional Council
1. The Constitutional Council shall make additional decision on his own initiative, on request of a participant of the constitutional procedure or on request of state structures and officials if:
1) the question is put about the interpretation of the decision of the Constitutional Council;
2) it is necessary to correct inaccuracies and mistakes concerning the wording of the decision.
2. The additional decision should not contradict the actual content, meaning and purpose of the decision of the Constitutional Council.
3. An additional decision shall be made by the Constitutional Council at the sitting the procedure of conduction of which shall be defined by the standing order of the Constitutional Council.

Article 36. Reconsideration of the Decision of the Constitutional Council
1. The decision of the Constitutional Council may be reconsidered by it on its own initiative in cases that the Constitutional Council ascertains that:
1) the constitutional proposition on the basis of which the decision was made has been changed;
2) new circumstances that are essential for the application subject-matter and were unknown at the moment of making of the decision have been discovered.
2. The Constitutional Council shall pass a resolution on reconsidering the decision by which he shall revoke the first decision.
3. In case of reconsidering the final decision the Chairman of the Constitutional Council shall assign by special instruction the date and procedure of a new sitting on this question.

Article 37. Content of the Final Decision of the Constitutional Council
The following shall be indicated in the final decision of the Constitutional Council:
1) its name, date and place it was made;
2) composition of the Constitutional Council which made the decision;
3) applying subjects and their representatives;
4) the subject matter of the application;
5) norms on the constitution and of this Decree establishing the right of the Constitutional Council to consider the application admitted for procedure;
6) finding of fact by the Constitutional Council;
7) name of the act constitutionality of which was checked indicating the source of publication or receiving;
8) decisions of an official constitutionality of which was checked;
9) districts, circuits, political subdivisions the appropriateness of conducting presidential election or republic referendum on which has been checked;
10) content of the constitutional proposition (-s) that has been officially interpreted;
11) procedures, established by Article 47, Paragraphs 1, 2 of the Constitution the compliance with which has been checked;
12) arguments in favor of the decision made by the Constitutional Council;
13) constitutional propositions by which the Constitutional Council was guided;
14) wording if the decision;
15) manner and term for execution and publication of the decision;
16) finality of the decision.

Article 38. The Legal Effect of the Decision if the Constitutional Council
1. The final decision of the Constitutional Council shall be effective from the date of adoption, binding on the entire territory of the Republic, final and may not be subject of appeal. The manner of coming into effect of other decisions shall be determined by the Constitutional Council.
2. The President of the Republic may object the final decision of the Constitutional Council in whole or partially. Such objections:
1) shall be made not later than within ten days from the date of President's receipt of the decision text;
2) shall e overruled by two-thirds of the votes from the total number of the members of the Constitutional Council.
3. Failure to overrule the President's objections shall result in recognizing the decision of the Constitutional as not adopted and in termination of the constitutional procedure.

Article 39. Consequences of the Constitutional Council's Making final Decisions
1. Laws and international agreements of the Republic that have been recognized as unconformable to the Constitution, may not be signed or, correspondingly, ratified and entered into effect. In case the laws have been recognized compliant with the Constitution, the course of their signing term shall be resumed. In case the international agreements have been recognized compliant with the Constitution, the process of their ratification shall be resumed.
2. Laws and other normative legal acts recognized to infringe on the human and civil rights and freedoms guaranteed by the Constitution and which therefore are non-constitutional, shall be no longer valid and shall not be used. Resolutions of courts and other law-enforcement structures based on such a law or other statutory act shall not be subject for execution.
3. Election of the President of the Republic that has been recognized as non-constitutional shall be declared invalid by the decision of the Central Election Committee in the corresponding electoral districts (political subdivisions). If the presidential election has been recognized compliant with the Constitution the elected President of the Republic shall be registered.
4. Election of Senate and Mazhilis Deputies recognized as unconformable to the Constitution shall be declared invalid in political units and electoral circuits concerned by the decision of the Central Election. If the elections of Senate and Mazhilis Deputies have been recognized as compliant with the Constitution the elected deputies shall be registered.
5. The results of the republic that has been recognized unconformable to the Constitution shall be nullified in the polling districts (political subdivisions) concerned by decision of the Central Referendum Committee. If the referendum is recognized compliant with the Constitution the referendum summing up shall be resumed.
6. The conclusion about non-compliance with the established constitutional procedures before Parliament's decision of early dismissal and its final decision of dismissal of the President of the Republic according to Constitution, Article 47, Paragraphs 1, 2 respectively will entail termination of considering of the question of early dismissal of the President of the Republic and of removal of the President of the Republic respectively.

Article 40. Execution of Decisions of the Constitutional Council
1. The Constitutional Council may lay down the process of execution of its decisions.
2. Governmental bodies and officials concerned give to the Constitutional Council information about measures taken in order to execute the decision of the Constitutional Council within term fixed by the Constitutional Council.

Article 41. Sending and Publishing of the Constitutional Council's Decisions
1. Final decisions of the Constitutional Council:
1) shall be sent to the subjects pf application fixed by Constitution or to their representatives and also in all cases to he President, Parliament Houses, Supreme Court, General Prosecutor, Minister of Justice of the Republic within two days after decision has been made;
2) shall be published in Kazakh and in Russian in official republican printing;
2. Other decisions shall be published, if necessary, and shall be sent to corresponding state structures and officials in cases and in the manner established by the standing order of the Constitutional Council.

Chapter VI
Final and Transitional Provisions

Article 42. Funding of the Constitutional Council
Funding of the Constitutional Council shall be provided for in the Republican budget.

Article 43. Administration of the Constitutional Council
The Administration of the Constitutional Council carries out legal, scientific, organized inquiry and other auxiliary work in supporting the activity of the Constitutional Council which are regulated by laws currently in force, Regulation of the Constitutional Council and the Charter of the Administration of the Constitutional Council.

Article 44. Symbols and Seal of the Constitutional Council
1. The State Flag of the Kazakhstan Republic shall be raised over the premises of the Constitutional Council.
2. The depiction of the State Emblem an edition of the Kazakhstan Republic Constitution shall be displayed in the session hall of the Constitutional Council.
3. The State Flag of the Republic of Kazakhstan shall be placed in the office of the Chairman of the Constitutional Council of the Republic of Kazakhstan.
4. The Constitutional Council shall have a seal with the impression of the State Emblem of the Republic of Kazakhstan and its designation.

Article 45. Certificates of the Chairman and the Members of the Constitutional Council
The Chairman and the members of the Constitutional Council shall be given certificates of standard pattern signed by the President of the Republic of Kazakhstan.

Article 46. Procedure of Forming and the Term of the First Composition of the Constitutional Council
The Forming order and term of the office of the First Composition Constitutional Council shall be determined by Article 97 of the Republic's Constitution.

Article 47. Entry into force of the present Decree
The present Decree:
1) shall enter into force on the day of its promulgation;
2) shall apply to disputes and legal relationships arising after it has come into effect.


The President
of the Republic of Kazakhstan
 
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