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Regulation of the Constitutional Council of the Republic of Kazakhstan

Approved by Resolution N 1 of the Constitutional Council of the Republic of Kazakhstan, dated 19 April, 2002

Chapter I
Process of Initiation of the Constitutional Procedure and Preparation of Materials

Article 1. Basis for Initiation of the Constitutional Procedure
The constitutional procedure shall be initiated on account of the applications of subjects listed in Article 72 of the Constitution of the Republic of Kazakhstan. Application shall be executed in two languages (state and Russian) and according to the requirements of Article 22 of the Decree of the President of the Republic of Kazakhstan having the force of the Constitutional Law "On the Constitutional Council of the Republic of Kazakhstan".

Article 2. Applications Registration
Received applications shall be registered in the General Department of the Constitutional Council Administration in the fixed manner. Applications shall be considered to have been received on a certain date if they were received before 15:00 of that date.
Applications that were submitted failing to comply with the requirements of Article 22 of the aforesaid Decree shall be returned to the subject of application by the General Department of the Administration of the Council without registration.
Applications of state structures and officials concerning questions covered by terms of reference of the Constitutional Council shall be passed over to the Council Chairman to determine their further movement. The Chairman shall assign to one of the members of the Council preparation of proposals as regards the received application.

Article 3. Acceptance or Rejection of the Application
The received application shall be introduced by the Chairman of the Constitutional Council for consideration of the Council, the session whereof shall be held within three days, except holidays and days-off of the Constitutional Council, from the reception of the application. The Constitutional Council after having examined the application and listened to the proposal of the Council member shall accept for consideration or reject and return it on grounds stipulated in Article 25 of the Decree "On the Constitutional Council of the Republic Kazakhstan".

Article 4. Materials Preparation Procedure and Term of Consideration by the Constitutional Council
The Chairman of the Constitutional Council determines by his instruction the member of the Constitutional Council to prepare materials for the sitting of the Constitutional Council. The Chairman's instruction of assigning a member of the Constitutional Council as a reporter shall be issued on the date of reception of the application by the member of the Council. In case the application received is particularly difficult or extremely important or urgent, the preparation of materials may be assigned to more than one member of the Constitutional Council. In case there are several interconnected applications received the Constitutional Council may decide to unite them into one constitutional procedure. When the decision is made to accept several interconnected applications for examination 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.
The member of the Constitutional Council shall be obliged to prepare materials to be considered at the sitting of the Constitutional Council in respect of the application which has been admitted for consideration and for this purpose he:
1) shall determine the participants of the constitutional procedure; explain to them their rights and duties stipulated by Article 21 of the Decree "On the Constitutional council of the Republic of Kazakhstan";
2) shall obtain necessary documents and other information concerning the subject of application by sending letters of inquiry to proper structures or officials signed by the Chairman or the Member of the Constitutional Council;
3) shall question, if necessary, proper officials, involve specialists and experts and charge them with conduction of investigation and expertise;
4) shall give commissions to provide necessary data and information and conclusions to the heads of departments and employees of the Council
5) shall make arrangements to ensure that copies of the materials are given to the members of the Constitutional Council not later than two days before the sitting and shall prepare the draft decision of the Constitutional Council. Members of the Constitutional Council shall give their remarks on the draft resolution in the written form.
The Constitutional Council shall examine application that was accepted for consideration and shall pass its resolution in its concern within a month from the date of receiving of the application. This term may be reduced to ten days upon request of the President of the Republic of Kazakhstan.

Article 5. Appointment of the Commission of Experts
During materials preparation and consideration process the commission of experts shall be appointed by the member of the Constitutional Council preparing materials for consideration by making determination with a commission to proper scientific establishments or certain specialists in which questions to experts shall be worded and the term for submission of experts' opinion letters shall be shown. Together with that all documents necessary for making expert examination shall be made available to the experts. During preparation of materials for consideration the member of the Constitutional Council is entitled to involve specialists for consultation. The specialist's opinion shall be drawn up into a separate document which is signed by him.

Article 6. Termination of the Constitutional Procedure
Before making the final decision the constitutional procedure shall be subject to termination at any stage thereof if there are reasons stipulated in Article 30 of the Decree "On the Constitutional Council of the Republic of Kazakhstan".
The decision of the Constitutional Council to terminate the constitutional procedure in respect of the application submitted excludes the chance of applying once more to the Constitutional Council on the same grounds.

Chapter II
Application Consideration Procedure at Sittings of the Constitutional Council

Article 7. Constitutional Council Sitting Hall
Sittings of the Constitutional Council shall be held in the premises designated for them and arranged according to Article 44, Paragraph 2 of the Decree "On the Constitutional Council of the Republic of Kazakhstan".
The allocation order of the Constitutional Council staff, participants of the constitutional procedure and invitees shall be determined by the Chairman of the Constitutional Council.

Article 8. Sitting of the Constitutional Council
After that materials to be considered have been prepared, the Chairman of the Constitutional Council, or in case he is absent the Acting Chairman from among the members of the Council shall assign the date of conduction of the sitting of the Council by issue of an instruction.
The application materials shall be considered at a public sitting except cases that the Constitutional Council decides to hold a closed sitting.
According to the decision of the Council Chairman mass media representatives may be invited to the sitting of the Constitutional Council.

Article 9. Postponing of the Constitutional Council Sitting
The sitting of the Constitutional Council may be postponed in the following cases:
1. By the reason that there is no quorum required for consideration of the application.
2. Because of the absence of one of the participants of the constitutional procedure, experts, or specialists the presence whereof was required by the Constitutional Council.
3. By reason of that the required materials have not been submitted if they have vital importance in considering the application.
4. Upon request of one of the participants of the constitutional procedure or his representative for additional study of the materials provided by the other party.
5. If other circumstances arise that hinder from treating applications at the appointed time.

Article 10. Rejection of Office by the Member of the Constitutional Council and Procedure of Solution
The Chairman or a the member of the Constitutional Council is to declare his rejection of the office which shall be satisfied provided that its objectivity may be questioned as a result of personal direct or indirect interest in the question under consideration of the Constitutional Council.
In case the Chairman or a member of the Constitutional Council declares rejection of office at the sitting of the Council, they may be requested to make some points more clear. The rejection shall be deliberated in the retiring room in the absence of the person which declared rejection. The decision of whether to satisfy or to refuse the rejection shall be made after thorough discussion by the majority of the votes from the total number of the members of the Constitutional Council. In case the rejection has been satisfied the consideration of the application may be continued if the quorum is present.

Article 11. Keeping Minutes of a Sitting of the Constitutional Council
It is necessary that the minutes of the sittings of the Constitutional Council be kept and that the sittings be taken down in short-hand as may be necessary. If the sitting is taken down in short-hand, the minutes of the sitting shall be composed on the basis of the short-hand text. If sound recording, video recording, or photographing were used during the sitting, then the prerecorded magnetic tape, video tape, or film strip shall be applied to the minutes of the sitting of the Council concerning which a note will be made in the minutes. The minutes of the sitting shall be kept by the employees of the General Department of the staff of the Constitutional Council. Persons keeping the minutes shall give the minutes to the reporter on this procedure within 7 days after the sitting. The reporter member of the Council shall visa the minutes and be personally responsible for its reliability.
The minutes of the sitting of the Constitutional Council shall be signed by the Chairman of the Constitutional Council or by Acting Chairman from among the members of the Council when the Chairman is absent.
The minutes of the sittings of the Constitutional Council shall be given serial numbers of the applications within one calendar year.
The minutes of the sittings of the Constitutional Council shall be attached to the corresponding constitutional procedure materials.

Article 12. Rules of Conduct of the Sitting Participants
Attendants of the Sittings Room and the mass media representatives present in the room must behave correctly in respect of the Constitutional Council, participants of the constitutional procedure, their representatives and each other, they are not allowed to walk about the Room or to make remarks in the address of the participants of the sitting, experts, specialists, or to interfere in the course of the sitting by expressing in whatever manner their approval or disapproval of the events.
If the sitting procedure is not observed by the attendants, the Chairman may make warning to the disturber and in case the procedure has been disturbed again the disturber shall be asked to retire from the Sittings Room of the Constitutional Council.

Article 13. Opening of the Sitting of the Council
The applications shall be considered by the Constitutional Council presided by the Chairman of the Council and at his absence by the Acting Chairman from among the members of the Council.
At the time appointed for sitting members of the Constitutional Council shall enter into the Sittings Room and take their places. The Chairman shall make sure that the quorum is present, and that the keeping of minutes as been ensured and shall declare the sitting open. Then the Chairman shall read up the questions that are to be considered and ask the reporter member to report on the presence of the participants of the sitting, specialists, and experts and on the reasons for not coming of the absentees.

Article 14. Explanation to the Participants of the Constitutional Procedure of their Rights and Obligations
The Chairman shall explain to the participants of the constitutional procedure their rights and obligations, asks the participants of the constitutional procedure whether they have petitions or not and shall put them to approval of the Constitutional Council.
Subjects of the applications and representatives of state authorities and officials whose actions are being checked against their constitutionality may participate voluntarily or by demand of the Constitutional Council in the sitting of the Constitutional Council at which the application is considered. If necessary explanations and speeches of the participants of the constitutional procedure, experts, specialists and other invitees may be listened to.

Article 15. Applications and Petitions of Participants of the Constitutional Procedure
Before thorough consideration of the question the Chairman shall question the subjects of application, their representatives, experts, and other participants of the sitting as to whether they have applications, petitions for obtaining additional materials and for involving other experts and specialists in consideration of applications. In case there are such application in written form they will be promulgated at the sitting of the Council and will be attached to the materials of the matter under consideration, and oral applications shall be entered in the minutes of the sitting of the Council.
The participants of the constitutional procedure by whose application a constitutional procedure has been initiated are entitled to change the reason for application, to enlarge or diminish its scope, or to withdraw their applications before the beginning of the sitting of the Constitutional Council at which the final decision is to be made. The participants constitutionality of acts or actions whereof is questioned are entitled to admit in whole or in part the requirements of the application or to object them.

Article 16. The Authorities of the Constitutional Procedure Participants' Representatives
The authorities of a representative shall be specified in the power of attorney issued and drawn up according to laws, or in any other document certifying that right of representation as regards the application concerned has been granted by corresponding organization.

Article 17. Statement of the Reporter Member of the Constitutional Council
The consideration of each question shall be started from the speech of the of the reporter member of the Constitutional Council who shall set forth the essence of the issue, reason and grounds for consideration, the content of the materials on hand. Members of the Constitutional Council may ask him to clarify particular points.

Article 18. Statements of the Members of the Constitutional Council at the Sitting
The members of the constitutional procedure and their representatives may voluntarily make statement at the sitting of the Constitutional Council concerning the questions under consideration. Persons that represent interests of the constitutional procedure participants by their office and representatives acting on the basis of a power of attorney, if such a right is stipulated in the power of attorney, may adjust their standings as to the question being considered depending on the results of considering of the question in the course of the sitting of the Council.
Members of the Constitutional Council are entitled to ask questions to the participants of the constitutional process in order to make some points more precise. The participants of the constitutional procedure as a result of applying whereof and participants in respect of acts whereof a constitutional procedure has been initiated may put questions to each other.

Article 19. Renewal of considering materials at the sitting of the Constitutional Council
If in the retiring room the Constitutional Council considers it necessary to clear up new circumstances which are important for the proper solution of the application, or to study new documents and materials, it may renew consideration of materials.

Article 20. Issues that May Not Be Considered at the Sitting of the Constitutional Council
Only the questions specified in the application may be considered at the sitting of the Constitutional Council.
The questions concerning organization and instructions shall be considered in the courses of preparation of materials by the member of the Constitutional Council preparing materials for the sitting of the Council, and, if necessary, by the Council Chairman or the Acting Chairman from among the members of the Council.

Chapter III
Making decision by the Constitutional Council

Article 21. Procedure of Making Decisions
The Constitutional Council makes decisions collectively by the majority of votes from the total number of its members by open, and on request of at least one member of the Constitutional Council by secret vote.
Counsels of the members of the Constitutional Council and voting in respect of question under consideration shall be conducted under the direction of the chairperson in the retiring room.
During the counsel of the Constitutional Council no member thereof has the right to abstain from or not to participate in voting.
If while making decision the votes of the members of the Constitutional Council divide equally the vote of the Chairman of the Constitutional Council shall be casting. In all cases the Chairman vote the last. This rules does not apply when the Chairman is replaced by a Council member authorized by the Chairperson and members of the Constitutional Council him. In this case there will be a new polling at which the Chairman or the member which missed the first voting shall be present.
Before being signed by the Chairman of the Constitutional Council the resolutions passed by the Constitutional Council shall be signed by the members of the Constitutional Council who participated in vote, including the members of the Constitutional Council that objected making the decision.

Article 22. Separate Opinion of a Member of the Constitutional Council
The member of the Constitutional Council that does not agree with its final decision is entitled to set forth his opinion in the written form, which shall be attached to the materials concerning the consideration of the corresponding application.

Article 23. Secret voting
In order to hold and find out the results of the secret voting the Constitutional Council elects from among its members the returning board. Voting papers for secret voting shall be prepared by the returning board according to specimen established by it.
The returning board composes an act of the results of the secret voting which shall be signed by the board members and approved by the Council by majority of votes from the members participating in considering the materials of the Constitutional Council.

Article 24. Making Decision by the Constitutional Council
The final decision of the Constitutional Council of the Republic of Kazakhstan concerning the question under consideration shall be made in the form of a resolution.
The resolution of the Constitutional Council shall be declared by the Chairman in presence of the members of the Constitutional Council and participants of the sitting of the Constitutional Council.
The content of the final decision must comply with the requirements of Article 37 of the Decree "On the Constitutional Council of the Republic of Kazakhstan".
The Constitutional Council's making decision shall entail legal consequences for persons and legal entities, stipulated by Article 74, Paragraphs 1 and 2 of the Constitution of the Republic of Kazakhstan and Article 39 of the Decree "On the Constitutional council of the republic of Kazakhstan".
The final decision may provide for publication in official mass media.

Article 25. Coming into force of the Decision of the Constitutional Council
The final decision of the Constitutional Council is effective from the date of its adoption, s binding on the whole territory of the Republic of Kazakhstan, final and may not be appealed. The procedure of coming into force of other decisions shall be determined by the Constitutional Council in the document adopted in respect of a certain application.

Article 26. Consideration of Objections to the Resolution of the Constitutional Council
The objection to the resolution of the Constitutional Council received from the President of the Republic Constitutional Council shall be considered in whole or partially at the closed sitting of the Constitutional Council without the participants of the constitutional procedure not later than within five days from the moment of receipt of the objection.
The resolution shall be considered approved if not less than two-third of the votes from the total number of the members of the Constitutional Council is given in its favour. Members of the Council that have not participated in considering the application the decision in respect of which was objected by the President may participate in voting as well provided that they should be given to days for familiarizing themselves with the application materials.
If the President's objections are not overruled by the two-third votes from the total number of the members of the Constitutional Council the resolution of the Constitutional Council shall be recognized as not passed and the constitutional procedure shall be terminated.

Article 27. Additional Decision of the Constitutional Council
The Constitutional Council shall make additional decisions on is own initiative, upon request of the members of the constitutional procedure, state authorities and officials obliged to execute the decision if:
1) the question is put of the interpretation of the decision of the Constitutional Council;
2) it is necessary to correct inaccuracies and mistakes in wording made in the decision of the Constitutional Council. The additional decision should not contradict the actual content, meaning and purpose of the initial decision of the Constitutional Council.
When a petition is submitted to make an additional decision the Chairman of the Council gives the commission to the member of the Constitutional Council to prepare a proposal with regard to the petition which shall be considered at the sitting of Constitutional Council. In case the necessity of making an additional decision is recognized the chairman of the Constitutional Council shall by his instruction assign the date of the sitting of the Constitutional Council devoted to making the said decision.
The additional decision shall be made by the Constitutional Council within a month at a sitting the procedure of which shall be prescribed by Article 21 of this Standing Order.

Article 28. Reconsideration of the Decision of the Constitutional Council
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 changed;
2) new circumstances vital for the subject matter of applying and that were not known at the moment of making decision have revealed;
The Constitutional Council shall issue a resolution about reconsideration of the decision by which it shall revoke the initial decision.
If reconsideration of the final decision is necessary, the Chairman of the Constitutional Council shall by his instruction assign date and determine the procedure of the new sitting devoted to this question.

Article 29. Procedure of Sending and Publishing the Decisions of the Constitutional Council
Final decisions (resolutions) of the Constitutional Council shall be sent to the subjects of applying specified by Article 72 of the Constitution or their representatives and in all cases to the President, Houses of Parliament, the Supreme Court, the General Prosecutor, Minister of Justice of the Kazakhstan Republic within two days after their adoption.
The final decisions of the Constitutional Council shall be published in Kazakh and in Russian in official republican printings.
Other decisions shall be sent to corresponding state authorities and officials not later than within five days after their adoption and, if necessary, may be published in Kazakh and in Russian in official printings.
Additional decisions of the Constitutional Council shall be sent and printed in the manner determined by the Constitutional Council.

Article 30. Execution of Decisions of the Constitutional Council
The Constitutional Council may determine the procedure of execution of its decisions. The corresponding state authorities and functionaries shall report to the Constitutional Council on the measures taken in order to execute its decision within the term assigned by the Constitutional Council. The control of the execution of the decision of the Constitutional Council shall be charged upon the member of the Council that is responsible for preparation of materials for the sitting of the Constitutional Council.

Article 31. Other Questions Considered at the Sittings of the Constitutional Council
The following questions are considered at sittings of the Constitutional Council: about giving to the President of the Republic the information on the constitutional lawfulness state оf the country;
- discussion and approval of the yearly message of the Constitutional Council;
- suspension and termination of the powers of the Chairman and members of the Constitutional Council according to Articles 14, 15 of the Decree "Оn the Constitutional Council of the Republic of Kazakhstan";
- approval of the Standing Orders of the Constitutional Council.
Other questions of organization and activity of the Constitutional Council may be considered at the sittings of the Constitutional Council on the initiative of its Chairman.

Article 32. Consideration of the Question of Suspension or Termination of the Authorities of the Chairman / the Member of the Constitutional Council
The question of suspension or termination of the Council Chairman's or member's powers shall be initiated by the President of the Republic of Kazakhstan (in respect of the Chairman) and by the Chairman of the Constitutional Council (in respect of the member of the Constitutional Council) respectively, which should be announced forthwith, and is submitted for consideration of the Constitutional Council not later than within one month from the date of ascertaining of the grounds for raising such a question specified by Articles 14 and 15 of the Decree "On the Constitutional Council of the Republic of Kazakhstan".
The question of suspension or termination of the powers of the Chairman, members of the Constitutional Council shall be considered by not less than two-third of the total number of the Constitutional Council with compulsory participation of the person in respect whereof the question is being considered. In case of non-appearance for unreasonable excuse the question may be considered in his absence. While considering the question the Constitutional Council shall check necessary documents and listen to witnesses of circumstances which became the grounds for consideration of the said question.
The decision of suspension or termination of the powers of the Chairman, members of the Constitutional Council shall be adopted by the majority of votes from the total number of the members of the Constitutional Council.

Article 33. Yearly Message of the Constitutional Council
The draft message of the Yearly Message of the Constitutional Council on the constitutional lawfulness state in the country shall be prepared by the members of the Constitutional Council and stuff departments concerned.
The Message of the Constitutional Council shall be approved at the sitting of the Council and signed by the Chairman of the Constitutional Council or by the Acting Chairman from among the members of the Council and shall be sent to Parliament within five days after decision.

Article 34. Procedure of Adopting and Changing the Standing Orders of the Constitutional Council
The Standing Order shall be adopted by the members of the Constitutional Council by way of open vote by majority of votes from the total number of the members of the Constitutional Council.
Changes and additions to the Standing Order shall be introduced according to the aforesaid procedure.
 
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