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Concerning Official Interpretation of Sub-Paragraph 1) of Article 53 and Paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan with Regard to Regulations Concerning Introduction of Amendments and Additions to the Constitution by the Parliament of the Republic of Kazakhstan

Resolution No. 13/2 of 4th December 1998 of Constitutional Council of the Republic of Kazakhstan

Constitutional Council of the Republic of Kazakhstan with the membership of Chairman Yu. A. Kim, members of the Council Zh. D. Busurmanov, U. K. Ikhsanov, V. V. Mamonov, S. G. Temirbulatov, V. D. Shopin has considered appeal of Chairman of the Mazhilis of the Parliament of the Republic of Kazakhstan M. T. Ospanov concerning official interpretation of sub-paragraph 1) of Article 53 and paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan at the public setting on the basis of sub-paragraph 4) of paragraph 1 of Article 72 of the Constitution of the Republic of Kazakhstan - K951000, and sub-paragraph 1) of paragraph 3 of Article 17 of Edict of the President of the Republic of Kazakhstan having force of a Law "Concerning Constitutional Council of the Republic of Kazakhstan". Having perused materials with regard to appeal, having heard a speaker's report - member of the Council V. V. Mamonov, Constitutional Council of the Republic of Kazakhstan establishes:
Constitutional Council of the Republic of Kazakhstan received appeal of Chairman of the Mazhilis of the Parliament of the Republic of Kazakhstan M. T. Ospanov on 19th November 1998 concerning official interpretation of sub-paragraph 1) of Article 53 and paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan with regard to regulations concerning the procedure for introduction of amendments and additions to the Constitution of the Republic of Kazakhstan. In that case the issue is set in the appeal concerning correspondence of the Constitution of the Republic of Kazakhstan with the Law of 7th October 1998 of the Republic of Kazakhstan "Concerning Introduction of Amendments and Additions to the Constitution of the Republic of Kazakhstan".
When analysing contents of sub-paragraph 1) of Article 53 of the Constitution of the Republic of Kazakhstan the Council shall proceed from the following.
In sub-paragraph 1) of Article 53 of the Constitution one of the most important authorities of the Parliament of the Republic of Kazakhstan is established which is connected with performance of its principal function, as a legislative body. It is established by the said regulations that the Parliament "shall introduced amendments and additions the Constitution of the Republic of Kazakhstan pursuant to the proposal of the President of the Republic of Kazakhstan ..." at the joint sittings of Chambers. It ensues from the meaning of given regulations of the Constitution that the Parliament shall have the right to introduce amendments and additions to the basic Law. The Parliament, as a legislative body shall be obliged to perform its functions within the limits of its constitutional authorities in accordance with Article 3 of the Constitution. Authorities of the Parliament connected with the procedure for introduction of amendments and additions to the Constitution shall be limited by paragraph 2 of Article 91 of the Constitution which establishes that "unitarity and territorial integrity of the state, form of the government of the republic, provided for by the Constitution can not be amended". Therefor, the Parliament of the Republic of Kazakhstan shall have the right to introduce amendments and additions to the Constitution, except for the issues indicated in paragraph 2 of Article 91 of the Constitution.
Paragraph 1 of Article 91 of the Constitution shall regulate the procedure for amending current Constitution, determine the entities circle of constitutional initiative which have the right to set the issue concerning introduction of amendments and additions to the Constitution of the Republic of Kazakhstan.
"Amendments and additions to the Constitution of the Republic of Kazakhstan can be introduced by the republic's referendum which is carried out pursuant to the decision the President of the Republic of Kazakhstan taken by him on his own initiative, proposal of the Parliament or Government in accordance with paragraph 1 of Article 91 of the Constitution. Draft amendments and additions to the Constitution shall not be submitted to the republic's referendum if the President decides to submit it to the Parliament for its consideration. In this case resolution of the Parliament shall be approved in accordance with the procedure established by the Constitution...".
It ensues from the meaning of the given regulations that the President, Parliament and Government of the Republic of Kazakhstan shall have the right to set the issue concerning introduction of amendments and additions to the Constitution. The President of the Republic of Kazakhstan can exercise this right by way of submission Draft Law to the republic's referendum or to the Parliament for its consideration.
Draft amendments and additions to the Constitution shall not be submitted to the republic's referendum if the President decides to submit it to the Parliament for consideration. Resolution of the Parliament shall be approved in this case in compliance with the requirements established by Articles 53 - 57, 62 and 91 of the Constitution of the Republic of Kazakhstan.
In the case of declining proposals of the Parliament by the President concerning submission of draft amendments and additions to the Constitution to the republic's referendum, the Parliament shall have the right to approve the Law by a majority vote not less than four fifths of votes of the total number of Deputies of each Chambers of the Parliament. In this case the President of the Republic of Kazakhstan shall sign this Law or can submit it to the republic's referendum.
The issue concerning correspondence of the Constitution of the Republic of Kazakhstan with the Law of 7th October 1998 of the Republic of Kazakhstan "Concerning Introduction of Amendments and Additions to the Constitution of the Republic of Kazakhstan" can be considered by Constitutional Council only in accordance with the procedure established by Article 78 of the Constitution of the Republic of Kazakhstan.
On the basis of the above-stated and sub-paragraph 4) of paragraph 1 of Article 72 of the Constitution of the Republic of Kazakhstan, Articles 33, 37, 38 of Edict of the President of the Republic of Kazakhstan having force of a constitutional Law "Concerning Constitutional Council of the Republic of Kazakhstan", in connection with interpretation of sub-paragraph 1) of Article 53 and paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan Constitutional Council of the Republic of Kazakhstan resolves:
1. That sub-paragraph 1) of Article 53 of the Constitution of the Republic of Kazakhstan should be understood so that the Parliament shall have the right to introduce amendments and additions to the Constitution pursuant to the proposal of the President of the Republic of Kazakhstan with regard to all issues, except for those indicated in paragraph 2 of Article 91 of the Constitution.
2. That paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan should be understood so that amendments and additions to the Constitution can be introduced by the republic's referendum or the Parliament in accordance with the requirements established by the Constitution itself and legislation.
3. That in accordance with paragraph 3 of Article 74 of the Constitution of the Republic of Kazakhstan Resolution shall enter into force from the moment of its approval, shall be obligatory in the entire territory of the republic, final and shall not be subject to challenge taking into account cases, provided for by paragraphs 2 and 3 of Article 38 of Edict of the President of the Republic of Kazakhstan having force of a constitutional Law "Concerning Constitutional Council of the Republic of Kazakhstan".
 
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