The important role in maintenance of the constitutional legality is played by the Constitutional Council. Its activity – a reliable guarantee of conformity of the Kazakhstan legislation to spirit and the letter of the Main law.
N. Nazarbaev
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Constitutional Law “Of the Constitutional Council of the Republic of Kazakhstan

Informal transfer

The constitutional law of the Republic of Kazakhstan from December, 29, 1995 № 2737

ABOUT THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

CHAPTER I. GENERAL PROVISIONS

Article 1. The Status of the Constitutional Council

The Constitutional Council as a state body which provides for the supremacy of the Constitution of the Republic of Kazakhstan in the entire territory of the Republic, shall:

1) when exercising its powers, be independent and separate from state bodies, organizations, official persons and citizens, subordinated only to the Constitution of the Republic and may not use political or any other motives;

2) exercise its powers, guided by the Constitution of the Republic and this Edict, abstaining from establishing and examining any other issues in any other cases when those are under the jurisdiction of the Courts or any other state bodies.

Article 2. The Membership of the Constitutional Council

The Constitutional Council shall consist of seven members including the Chairman of the Constitutional Council. And ex-Presidents of the Republic shall be life members of the Constitutional Council.

Article 3. The Procedure for the Formation of the Constitutional Council

1. The Chairman of the Constitutional Council shall be appointed to office and released from office by the President of the Republic.

2. Two members of the Constitutional Council shall be appointed to office and discharged from office by the President of the Republic, on two members of the Constitutional Council shall be appointed to office on presentation of Chairmen of Chambers of the Parliament accordingly the Senate and Majilis of the Parliament. Half of the members of the Constitutional Council shall be renewed every three years.

Article 4. Requirements Applicable to Candidate Members to the Constitutional Council

1. A citizen of the Republic of Kazakhstan, not younger than thirty years who resides in the territory of the Republic who has higher legal education and the length of service in the legal profession for not less than five years may be appointed to be a member of the Constitutional Council.

2. The requirements established in paragraph 1 of this Article shall not apply to the ex-Presidents of the Republic.

Article 5. The Term of Powers of the Constitutional Council Members

1. The powers of the Chairman and members of the Constitutional Council shall be for six years.

2. In the case of the exit or expiry of the tenure of the office, the Chairman and members of the Constitutional Council shall be replaced in accordance with the procedure established by the Constitution and this Edict.

3. The office of the Chairman and members of the Constitutional Council shall be filled within one month from the date of the exit or expiry of the tenure of persons being in those positions.

4. When the term of powers of the Chairman or the Constitutional Council members expires in the period of consideration with their participation of an issue which is handled by the Constitutional Council, then their powers shall be retained until the final decision is taken.

Article 6. The Oath of the Chairman and Constitutional Council Members

The Chairman and members of the Constitutional Council after their appointment, in a solemn event at the joint session of the Chambers of the Parliament shall be brought by the President of the Republic to swear an oath as follows: I solemnly swear to conscientiously discharge the duties of the Chairman (member) of the Constitutional Council of the Republic of Kazakhstan, to be impartial and subordinated only to the Constitution of the Republic of Kazakhstan and nobody and nothing aside from it.

Article 7. Sessions of the Constitutional Council

1. Session of the Constitutional Council shall be valid if not less than two thirds of the membership of the Constitutional Council are present.

2. The sessions of the Constitutional Council shall be called when necessary by the Chairman of the Constitutional Council and if he is absent - by the member of the Constitutional Council who substitutes for the Chairman of the Constitutional Council or in accordance with his authorisation.

Article 8. Constitutional Proceedings

Deliberation and adoption of decisions on the issues which are included into the jurisdiction of the Constitutional Council, shall be carried out in accordance with the procedure of the Constitutional proceedings as established by the Constitution and this Edict.

Article 9. Legislation Concerning the Constitutional Council

1. The status, jurisdiction, organization and the procedure for the functioning of the Constitutional Council shall be determined by the Constitution of the Republic and this Edict.

2. With regard to issues of organization and the procedure of its functioning which are not regulated by the Constitution and this Edict, the Constitutional Council shall adopt Regulations of the Constitutional Council.

CHAPTER II. THE STATUS OF THE CHAIRMAN AND MEMBERS OF THE

CONSTITUTIONAL COUNCIL OF THE REPUBLIC

Article 10. Chairman and Members of the Constitutional Council as Official Persons of the State

1. The Chairman and members of the Constitutional Council shall be state officials whose status is defined by the Constitution and this Edict, as well as regulatory legal acts concerning the state service with regard to items which are not regulated by the Constitution and this Edict.

2. The offices of the Chairman and members of the Constitutional Council shall not be compatible with the deputy` mandate, engagement in any other paid jobs except for teaching, science or creative activities, nor with performance of entrepreneurial activities, a membership in governing bodies or supervisory council of a commercial organization.

Article 11. Independence of the Chairman and Members of the Constitutional Council

1. The Chairman and members of the Constitutional Council when they exercise their duties shall be independent and subordinated only to the Constitution and this Edict. No acts shall be obligatory for them. Any interference with their activities as well as rendering of pressure or any other influence on them in any other form shall not be allowed and shall entail liability in accordance with the law.

2. Activities of the Chairman and members of the Constitutional Council with regard to issues of constitutional proceedings shall not be accountable. No one shall have the right to require from them reports on issues of performance by them of their duties.

3. No one shall have the right to require, and the Chairman and members of the Constitutional Council shall not have the right, except at a session of the Constitutional Council, to express opinion or advise on issues which are subject to consideration of the Constitutional Council prior to adoption on them of final decision.

4. During the period of powers the members of the Constitutional Council shall not be replaceable. Their powers may not be terminated or suspended, except for the cases provided for by this Edict.

5. The Chairman or a member of the Constitutional Council shall be obliged to announce his self-dismissal which shall be subject to satisfaction by the Constitutional Council, if his objectivity may cause doubts related to direct personal or indirect interest in the issue under consideration by the Constitutional Council.

6. A member of the Constitutional Council shall not have the right to carry out defense or representation, except for legitimate representation in the court or any other law-applying bodies, render patronage to any persons with regard to the exercise of rights or release from duties.

Article 12. Inviolability of the Constitutional Council Members

1. The Chairman and members of the Constitutional Council during the term of their powers may not be arrested subjected to arraignment, measures of administrative penalty which are imposed in a judicial procedure, held responsible in a criminal procedure without consent of the Parliament, except for the cases when they are arraigned in the scene of crime or in the case of commission of grave crimes.

2. A criminal case with regard to the Chairman or Constitutional Council members may be filed only by the head of a National/State body which carries out inquiry and investigation. Supervision of compliance with the law in the course of investigation of cases shall be carried out by the General Procurator of the Republic who shall submit to the Parliament proposals concerning issuing consent for holding responsible of the Chairman or members of the Constitutional Council. A criminal case with regard to the Chairman or a member of the Constitutional Council shall be in the jurisdiction of the Supreme Court of the Republic.

3. The Chairman and members of the Constitutional Council shall not be subject to disciplinary punishments.

4. No one shall have the right to remove a Constitutional Council member from participation in a session of the Constitutional Council, unless his powers are suspended in accordance with this Edict.

Article 13. Equality of the Rights of the Chairman and Members of the Constitutional Council

The Chairman and members of the Constitutional Council shall have equal rights with regard to consideration of issues which are handled by the Constitutional Council and in the adoption of decisions on them, except for the cases provided for by paragraph 3 of Article 33 of this Edict.

Article 14. Suspension of Powers of the Chairman or a Member of the Constitutional Council

1. The powers of the Chairman or a member of the Constitutional Council may be suspended pursuant to the petition from the Constitutional Council, by the person who appointed him, in the cases when he:

1) without a good reason not less than three times in a row, fails to participate in the sessions of the Constitutional Council;

2) due to condition of health, is not capable to exercise his duties for a long time;

3) is recognized as missing in accordance with the decision of a court, which entered into legal force.

2. The powers of the Chairman or member of the Constitutional Council may be suspended also in the case where in accordance with the procedure established by law the consent is issued for his arrest, holding responsible in an administrative or a criminal procedure, for filing in a court of an appropriate petition to apply measures of compulsory medical nature, recognition as incapable, or in case of restriction of competence.

3. A decision to suspend the powers of the Chairman or a Constitutional Council member shall be adopted not later than one month after the date of establishing the bases for the suspension of his powers.

4. The powers of the Chairman or member of the Constitutional Council shall be suspended until the bases for their suspension cease.

Article 15. Termination of the Powers of the Chairman or A Member of the Constitutional Council

1. The powers:

1) of the Chairman of the Constitutional Council shall be terminated by the President of the Republic;

2) of a member of the Constitutional Council shall be terminated by the President of the Republic of Kazakhstan, the Senate of the Parliament, Majilis of the Parliament.

2. The powers of the Chairman or a member of the Constitutional Council shall terminate consequential to the following:

1) satisfaction of a resignation tender;

2) accusative verdict on him is adopted by the Supreme Court and entered into legal force;

3) he is recognized as incapable by a court decision which entered by into legal force;

4) he is recognized as deceased by a court decision which entered into legal force;

5) his demise;

6) failure to comply with the provisions specified by paragraph 2 of Article 10 of this Edict;

7) breach of the oath, failure to comply with the Constitution of the Republic and this Edict, commission of a vicious act incompatible with his high status;

8) appointment in violation of requirements established by the Constitution and this Edict;

9) expiry of the tenure established by the Constitution for the office;

10) It was excluded according to Constitutional Law of the Republic of Kazakhstan 17.06.08 № 41-IV.

11) joining a political party or any other public association which pursues political objectives.

Article 16. Providing for the Activities of the Chairman and Members of the Constitutional Council

1. The salary of the Chairman and members of the Constitutional Council shall be established by the President of the Republic in accordance with the procedure established in subparagraph 9 of Article 44 of the Constitution of the Republic.

2. Housing, transport and any other services as well as medical services, sanatorium and resort treatment of the Chairman and members of the Constitutional Council shall be carried out in accordance with the procedure established by the President of the Republic.

CHAPTER III. THE JURISDICTION OF THE CONSTITUTIONAL COUNCIL

OF THE REPUBLIC AND ITS OFFICIAL PERSONS

Article 17. The Jurisdiction of the Constitutional Council

1. The Constitutional Council in accordance with subparagraph 1) of paragraph 1 of Article 72 of the Constitution shall decide with regard to the propriety the following, in cases of dispute:

1) election of the President of the Republic;

2) election of deputies of the Parliament;

3) republic`s referendum.

2. The Constitutional Council in accordance with subparagraphs 2), 2-1), 3) of paragraph 1 of Article 72 of the Constitution shall consider on compliance with the Constitution:

1) laws adopted by the Parliament, prior to the President`s signing;

2) decisions adopted by the Parliament and its Chambers;

3) international treaties of the Republic, prior to their ratification.

3. The Constitutional Council in accordance with subparagraphs 4) and 5) of paragraph 1 of Article 72 of the Constitution shall provide the following:

1) official interpretation of provisions of the Constitution;

2) until the Parliament adopts an appropriate decision on premature release from office of the President of the Republic, final decision on the resignation from office of the Republic report on compliance with the procedures established by the Constitution.

4. The Constitutional Council in accordance with the following:

1) paragraph 2 of Article 2 of the Constitution, shall consider appeals from Courts concerning the recognition of acts as non-constitutional where the Court in accordance with Article 78 of the Constitution believes that the law or any other regulatory legal act which is subject to application, violates the rights and freedoms of individuals and citizens which are provided for by the Constitution;

2) subparagraph 6) of Article 53 of the Constitution, on the basis of results of summarizing the practice of constitutional proceedings, shall annually send to the Parliament a message on the status of the compliance of laws with the Constitution in the Republic.

Article 18. Other Powers of the Constitutional Council

The Constitutional Council shall:

1) within the bounds of its authority, have the right to require and receive documents, materials and any other information from all state bodies, organizations and to engage, in accordance with the established procedure, specialists for expert evaluations and scientific research work;

2) petition for suspension of powers of the Chairman and members of the Constitutional Council and exercise any other powers established by this Edict.

Article 19. The Powers of the Chairman of the Constitutional Council 1. The Chairman of the Constitutional Council shall:

1) guide the preparation and consideration of issues which are accepted by the Constitutional Council for processing;

2) call sessions of the Constitutional Council, submit items which are accepted for processing to be considered at those sessions, and presides at the sessions of the Constitutional Council;

3) assign duties to the members of the Constitutional Council and organize the work of the members of the Constitutional Council and its apparatus;

4) define measures to provide for holding sessions;

5) voice at a joint sessions of the Chambers of the Parliament, the message from the Constitutional Council on the status of the compliance of the laws in the Republic of Kazakhstan with the Constitution;

6) pursuant to the demand of the President of the Republic, submit to him information on the status of compliance with the Constitution of the laws in the Republic;

7) sign decisions and minutes of meetings of the Constitutional Council;

8) submit to the Constitutional Council for its approval regulations concerning the Constitutional Council;

9) approve Regulations concerning the apparatus of the Constitutional Council and within the limits of budget appropriations the structure and the personnel of the apparatus of the Constitutional Council;

10) appoint to office and release from office workers of the apparatus of the Constitutional Council;

11) exercise any other powers in accordance with this Edict and Regulations on the Constitutional Council.

2. With regard to issues of his authority, the Chairman of the Constitutional Council shall adopt orders and ordinances.

CHAPTER IV. CONSTITUTIONAL PROCEEDINGS

Article 20. Participants of Constitutional Proceedings

1. The participants of constitutional proceedings shall be recognized as persons and bodies pursuant to whose appeals constitutional proceedings are instituted as follows:

1) the President of the Republic;

2) the Chairman of the Senate of the Parliament;

3) the Chairman of the Majilis of the Parliament;

4) deputies of the Parliament where they are not less than one fifth of the total number;

5) the Prime - Minister;

6) the Courts of the Republic;

7) the State Bodies and official persons whose acts are reviewed with regard to their compliance with the Constitution.

2. Where it is appropriate, the participants of constitutional proceedings may have their representatives in the Constitutional Council and their powers shall be formulated in accordance with the procedure as provided for by civil procedural legislation.

Article 21. The Rights and Obligations of Participants of Constitutional Proceedings

1. The participants of constitutional proceedings within the bounds of their authority shall enjoy equal procedural rights.

2. The participants of constitutional proceedings shall have the following rights:

1) to peruse materials of proceedings, to make extracts from them and to take photocopies;

2) to submit proofs, participate in their investigation and to prove those circumstances to which they refer as the basis for their appeals and objections;

3) to submit their arguments and thoughts on all the issues which emerge in the course of the constitutional proceedings to the Constitutional Council ;

4) file petitions and express their opinion on petitions filed;

5) provide oral and written explanations to the Constitutional Council.

3. A participant of constitutional proceedings shall:

1) on whose appeal the constitutional proceedings are instituted, have the right prior to the beginning of the session of the Constitutional Council at which a final decision is to be adopted, to change the basis of the petition, increase or reduce its volume or repudiate the petition.

2) with regard to acts on which constitutional proceedings are instituted, have the right to recognize claims filed in the petition fully or partially or to object against them.

4. Participants of Constitutional proceedings shall be obliged as follows:

1) conscientiously exercise their rights. Communication by them to the Constitutional Council of deliberately false information or failure to file documents required by the Constitutional Council, materials and other information shall be considered as disregard to the Constitutional Council and it shall entail liability in accordance with the law;

2) honour the Constitution of the Republic, the Constitutional Council its requirement and procedures adopted by the Constitutional Council;

3) obey ordinances of the Chairman with regard to compliance with the order at sessions.

Article 22. The Form and Contents of an Appeal of the Constitutional Council

1. Appeals of the Constitutional Council shall be filed in writing.

2. The following must be indicated in the petition:

1) name of the Constitutional Council;

2) name, place, address and other appropriate information on the petitioner;

3) name, address and other information concerning the representative of the petitioner and his powers except when representation is carried out in accordance with the position;

4) name, location and addresses of state bodies, official persons who signed or adopted acts associated with conducting, election of the President, deputies of the Parliament and republic`s referendum in the event where petition raises the issues of accuracy of conducting them;

5) name, date of adoption of laws in the event that the petition raises the issue of compliance with the Constitution of the Republic of laws adopted by the Parliament;

5-1) name, date of adoption of decisions of the Parliament and its Chambers in the event that the petition raises the issue of compliance the decisions of the Parliament and its Chambers with the Constitution of the Republic;

6) name, date and place of signing international agreements in the Republic, official persons who sign those on behalf of the Republic of Kazakhstan or its official bodies in the event where the petition raises the issue of compliance of international agreements of the Republic with its Constitution;

7) provisions of the Constitution of the Republic whose official interpretation is raised in the petition;

8) name, location and address of the state body, official person who signed or adopted an act, the name, number and date of adoption, the sources of publication and other details of law or any other regulatory legal acts in the event where in the petition of the court the issue is raised to recognize that act as non-constitutional, provided the court believed at the law or other regulatory or legal act with is subject to application violates the rights and freedoms of individuals and citizens as provided by the Constitution ;

9) name and membership of a commission to be formed by the Parliament in accordance with paragraph 1 of Article 47 of the Constitution and its report; name, date of adoption and contents of acts associated with the consideration by the Parliament of the issue on premature release of the President of the Republic from his office;

10) information on the number of deputies who initiated an issue of impeachment of President from office; information on results of voting at the Chambers of the Parliament; information on results of investigating accusations brought up against the President; information on the report on the Supreme Court on the substance of accusations brought up; name, date of adoption and contents of acts relating to the consideration by the Parliament of the issue concerning the impeachment of President of the Republic from office;

11) essence of the petition;

12) other acts, circumstances and prove which serve as the basis for the appeal and which confers its substance;

13) provisions of the Constitution of the Republic and of this Edict which gives the right to appeal to the Constitutional Council;

14) the list of attached documents.

3. The petition must be signed by appropriate individual and in the event that a court petitions to the Constitutional Council shall be signed by the Chairman of that court.

4. The following shall be attached to a petition:

1) copy texts of acts to which the individuals of the petition referred to;

2) documents on the powers on the representative, except for the cases when representation is carried out in accordance with the office;

3) copy of the petition and supplements to it in a number of ten.

5. The documents which are not in the languages of constitutional proceedings must have translation into the Kazakh and Russian languages.

Article 23. Consequences of Petitioning to the Constitutional Council

In the event of petition in the Constitutional Council on issues specified in:

1) subparagraph 1) of paragraph 1 of Article 72 of the Constitution, the entering into office of the President, the registration of elected deputies of the Parliament or drawing results of republic`s referendum shall be suspended;

2) subparagraphs 2) and 3) of paragraph 1 of Article 72 of the Constitution the measurements of periods for signing or ratification of the relevant acts shall be suspended;

3) in Article 78 of the Constitution, proceedings on case shall be suspended.

Article 24. Periods for Consideration of Appeals by the Constitutional Council

The Constitutional Council shall accept petitions accepted for processing and it shall passing it resulting decisions within one month from the date of receipt of the petition. This term pursuant to the requirement of the President of the Republic outlined in writing may be reduced down to ten days if the issue is urgent.

Article 25. Acceptance or Refusal to Accept a Petition for Processing

Received petitions shall be submitted by the Chairman of the Constitutional Council to the Constitutional Council for its consideration and its session shall be held within three days from the date of receiving the petition. The Constitutional Council upon reviewing a petition shall object the acceptance of petition for processing and return it if:

1) the petition does not comply with the form and contents of petitions as established by this Edict or it is initiated by inappropriate subjects;

2) the subject matter of the petition is not within the jurisdiction of the Constitutional Council;

3) the compliance with the Constitution of the issue indicated in a petition has already been reviewed by the Constitutional Council and a valid decision of the Constitutional Council exists;

4) issue indicated in the petition is not settled by the Constitution;

5) the act whose compliance with Constitution is challenged was abolished or became invalid.

Article 26. The Procedure for Preparation of Materials for the Consideration of a Petition Accepted for Processing at a Session of the Constitutional Council

1. The Chairman of the Constitutional Council by his ordinance shall define the person of the Constitutional Council who carries out preparation of materials for the session of the Constitutional Council. Due to a special complexity of a petition which is received or its exceptional significance of urgency the preparation of materials may be entrusted to several members of the Constitutional Council.

2. When several petition associated with one another are submitted to the Constitutional Council the Constitutional Council may take a decision on their unification into one constitutional proceedings. When deciding on the issue of accepting for processing of several associated petitions amongst which some are in the jurisdiction of the Constitutional Council and other - in the jurisdiction of other bodies of state power only those petitions shall be subject to consideration which are in the jurisdiction of the Constitutional Council.

3. With regard to a petition which accepted for the proceeding are member of the Constitutional Council within the dead-line established by the Chairman shall be obliged to prepare materials to consideration at the session of the Constitutional Council for he shall:

1) define the participants of the constitutional proceedings, explain to them their right and obligations as provided for by this Edict;

2) obtain the documents relating to the subject matter of the petition as well as other information;

3) where appropriate inquire relevant official persons engage scientists, practitioners as specialists as well as experts and entrust to them to performance of reviews, research and expert evaluation;

4) not later than in two days prior to the beginning of a session shall provide for handing of copies of materials to the Constitutional Council members;

5) prepare draft decision of the Constitutional Council;

6) perform any other functions to provide for appropriate handling of petitions.

4. After the completion of preparatory work the Chairman of the Constitutional Council by his ordinance shall define the date for the session of the Constitutional Council which the essence of the issues represented in petitions will be considered.

Article 27. The Procedure for Holding the Sessions of the Constitutional Council With Regard to Consideration of Petitions Accepted for Processing

1. Consideration of petitions by the Constitutional Council shall be carried out at a meeting under the chairmanship of the Chairman of the Constitutional Council.

2. At the appointed time the Chairman shall:

1) ascertain the availability of members of the Constitutional Council which is required for holding a session and ensuring minutes keeping;

2) announce the Constitutional Council session open;

3) read the items which are subject to consideration;

4) give the floor to the Constitutional Council member who reports on availability of session participants who were invited as well as specialists, experts and on the reasons of those absence;

5) explain to the participants of constitutional proceedings their rights and obligations;

6) inquire participants of the session on their having petitions and set this issue for solution by the Constitutional Council;

7) announce on the beginning of consideration of issues which are subject to consideration.

3. Consideration on each issue shall begin with the speech of the Constitutional Council member who is the reporters outlining the essence of an issue the causes and reasons for its consideration the contents of available materials. Members of the Constitutional Council shall have the right to set specifying questions.

4. Subjects of petition as well as representatives of the state bodies and official persons (their representatives) the compliance with Constitution of whose acts and actions as well as compliance with constitutional procedures by whom is being reviewed and where appropriate pursuant to his own decision or pursuant to the requirement of the Constitutional Council, may participate in the session of the Constitutional Council at which the petition accepted for proceedings is considered. Where appropriate explanations may be heard as well as speeches of participants of the constitutional proceedings, experts, specialists and other invited persons.

5. If an issue is clarified sufficiently, the Chairman shall announce on the opening of the meeting of the Constitutional Council members to elaborate final decision. During the meeting the presence of outsiders shall not be allowed. Divulging of judgments which took place during meeting the course in results of voting shall be prohibited. In the course of a meeting members of the Constitutional Council may freely outline their own positions on issues and consideration and to require other the Constitutional Council members and to specify their positions.

Article 28. Minutes of the Constitutional Council Sessions

1. Session of the Constitutional Council shall be protocolled and where appropriate verbatim may be compiled.

2. Minutes of the sessions of the Constitutional Council shall be kept in the language of constitutional proceedings.

3. The procedure for keeping meetings of the Constitutional Council sessions, the requirements applicable to its contents as well as other issues of compiling minutes of the sessions of the Constitutional Council shall be defined by the Chairman of the Constitutional Council.

Article 29. The Language of Constitutional Proceedings

1. Constitutional proceedings shall be carried out and the decisions adopted by the Constitutional Council shall be in the Kazakh language or in the Russian languages.

2. To the persons who participate in the constitutional proceedings and who have no commend on the language of the constitutional proceedings the Constitutional Council shall provide translation into their native language or the language which they know.

Article 30. Termination of the Constitutional Proceeding

1. Constitutional proceeding shall be subject to termination at any stage but prior to the passing of final decision on the following cases:

1) the refusal of the subject from the petition he filed;

2) abolition or loss of legal force of the act the compliance with the Constitution of which is challenged;

3) a petition filed with the Constitutional Council is not in the jurisdiction of the Council.

2. A decision of the Constitutional Council to terminate constitutional proceedings on petitions filed shall deprive entities of petitioner of the possibility to again petition to the Constitutional Council on the same items.

CHAPTER V. THE DECISIONS OF THE CONSTITUTIONAL

COUNCIL OF THE REPUBLIC

Article 31. Types of Decisions of the Constitutional Council

1. Any act which is adopted at the meeting of the Constitutional Council shall be a decision of the Constitutional Council.

2. The decisions of the Constitutional Council shall be subdivided into final decisions by which the constitutional powers of the Constitutional Council are administered and other decisions which realize other powers of the Constitutional Council.

Article 32. The Form of Decisions of the Constitutional Council

The decisions of the Constitutional Council shall be taken in the following forms:

1) decrees, including regulatory decrees which are a constituent part of the current law of the Republic of Kazakhstan;

2) reports;

3) messages.

Article 33. Adoption of Decisions by the Constitutional Council

1. The Constitutional Council shall adopt decisions in a collegium procedure.

2. The Constitutional Council shall take decisions by majority of votes of the total number of its members on way of open ballot and pursuant to demand on at least one member of - by secret ballot.

3. In the event that split of votes took place when adopting a decision of the Constitutional Council members equal, the vote of the Chairman of the Constitutional Council shall be the casting vote and the Chairman in any cases will give his vote the last. When the Chairman of the Constitutional Council is substituted in accordance with his authorization by appropriate member of the Constitutional Council this rule shall not apply. In this case another voting shall take place with the participation of the Chairman or a member of the Constitutional Council who was not present at the first voting.

4. During the session of the Constitutional Council none of its members who participates in its session shall have the right to abstain or not participate in the voting.

5. The decision adopted by the Constitutional Council prior to the time when they are signed by the Chairman shall first be attested by the signatures of the Constitutional Council members who participated in the voting.

Article 34. A Different Opinion of a Constitutional Council Member

A member of the Constitutional Council who disagrees with its final decision shall have the right to have his opinion and to outline it in writing.

Article 35. Additional Decisions of the Constitutional Council

1. The Constitutional Council shall take additional decisions in events, if:

1) the issue is raised on interpretation of a decision of the Constitutional Council. In this case the additional decision is adopted under the petition of participants of the constitutional manufacture or the state bodies and the officials, obliged to execute the final decision of the Constitutional Council;

2) it is necessary to correct admitted in the decision of the Constitutional Council of discrepancy and a mistake of editorial character. In this case the additional decision is accepted by the Constitutional Council under own initiative.

2. Additional decision must not contradict actual contents, essence and purpose of the decision of the Constitutional Council.

3. Additional decisions shall be adopted by the Constitutional Council in a meeting the procedure of holding of which shall be defined by the regulations of the Constitutional Council.

Article 36. Revision of Decisions of the Constitutional Council

1. The decision of the Constitutional Council may be revised by it under the initiative of the President of the Republic of Kazakhstan or under own initiative in cases, if:

1) the provision on the basis of which the decision was taken of the Constitution was changed;

2) new circumstances have been discovered which are significant for the item.

2. In interests of protection of the rights and freedom of the person and the citizen, maintenance of national safety, the sovereignty and integrity of the state the decision of the Constitutional Council can be reconsidered by it under the initiative of the President of the Republic of Kazakhstan.

3. A decree shall be passed on revision of the decision of the Constitutional Council by which that decision shall be abolished.

4. In the event of revising of final decision the Chairman of the Constitutional Council by his ordinance shall define the date and the procedure for holding a new session on that issue.

Article 37. Contents of the Final Decision of the Constitutional Council

The following must be indicated in the final decision of the Constitutional Council:

1) name, date and place where it was passed;

2) the composition of the Constitutional Council who passed it;

3) entities of appeal and their representatives;

4) subject matter of the petition;

5) provisions of the Constitution and this Edict which establish the right of the Constitutional Council to consider appeal accepted for processing;

6) circumstances established by the Constitutional Council;

7) name of the act the compliance with the Constitution of which was reviewed with the indication of the source of its publication or receipts;

8) decisions of the official person the compliance with the Constitution of which is under review;

9) districts, administrative and territorial units the accuracy of elections of the President or deputies of the Parliament or republic`s referendum in which was reviewed;

10) the contents of the provisions (provisions) of the Constitution which are subject to official interpretation;

11) proceedings established by paragraphs 1, 2 of Article 47 of the Constitution the compliance with which was reviewed;

12) arguments in favor decision to which the Constitutional Council arrived;

13) provisions of the Constitution by which the Constitutional Council was guided;

14) formulation of the decision;

15) the procedure and the period for the implementation and publication of the decision;

16) the final nature of the decision.

Article 38. The Legal Force of the Decision of the Constitutional Council

1. A final decision of the Constitutional Council shall enter into force from the date of its adoption, it shall obligatory in the entire territory of the Republic, it shall be finally and it shall not be subject challenged. The procedure entering into force of any other decisions shall be defined by the Constitutional Council.

2. The President may file objections against a final decision of the Constitutional Council as a whole or its part which shall be:

1) submitted not later than in a month from the date of President receiving the text of the decision;

2) overridden by two thirds of the votes of the total number of members of the Constitutional Council.

3. In case of a failure to override the objections of the President of the Republic the decision of the Constitutional Council shall be deemed to be not accepted and the Constitutional proceedings shall be terminated.

Article 39. The Consequences of Adoption of Final Decisions of the Constitutional Council

1. The laws of international treaties of the Republic of Kazakhstan which are recognized as non-consistent with the Constitution may not signed or accordingly ratified and putting into implementation. The recognition of laws as consistent with the Constitution shall resume the measurement of the period of their signing. The recognition of international treaties of the Republic as consistent with the Constitution shall resume the process of their ratification.

2. Laws and other regulatory legal acts which are recognized unconstitutional, including restraining fixed Constitution of the rights and freedoms of individuals and citizens of this shall loose their legal force and they shall not be subject to application. The decision of courts and other law applying bodies based on such law or other regulatory legal acts shall not be subject to the implementation.

3. The election of the President of the Republic which are recognized as not consistent with the Constitution, by decision of the Central Election commission at appropriate election districts (administrative and territorial units) shall be recognized as invalid. The recognition of election of the President as consistent with the Constitution shall entail the registration of the President of the Republic as elected.

4. Elections of the deputies of the Senate and the Majilis of the Parliament which are recognized as not consistent with the Constitution by a decision of the Central Election commission in the relevant administrative and territorial units and election districts shall be recognized as invalid. The recognition of elections of deputies of the Senate and the Majilis of the Parliament as consistent with the Constitution shall entail the registration of elected deputies.

5. The results of republic`s referendum which are recognized as not consistent with the Constitution by a decision of the Central commission of the referendum in the relevant districts of voting (administrative and territorial units) shall be recognized as invalid. The recognition of the referendum which was held as consistent with the Constitution shall entail the resumption of drawing the results of the referendum.

6. A report on non-compliance with the procedures established by a Constitution before the adoption by the Parliament in accordance with paragraphs 1 and 2 of Article 47 of the Constitution of according of a decision on premature discharge from office, final decision on impeachment of the President of the Republic shall entail a termination of consideration of the issue accordingly on premature discharge from office or impeachment of President. The report on compliance with the constitutional procedures as established shall entail continuation of consideration of the issue accordingly on premature discharge from office of the President of the Republic or impeachment of the President of the Republic from office.

Article 40. Implementation of Decisions of the Constitutional Council

1. The Constitutional Council may define the procedure for execution of decisions adopted by it.

In a case if the decision of the Constitutional Council shall demand to increase in the state expenditure or reduction of public revenues the Constitutional Council determines terms of execution of the decisions accepted by it as agreed with the Government of the Republic of Kazakhstan.

2. The state bodies and official persons within the deadlines established by the Constitution shall communicate the Constitutional Council on the measures adopted to implement its decisions.

3. Contained in decisions of the Constitutional Council of the recommendation and the offer on perfection of the legislation shall subject to obligatory consideration by the authorized state bodies and officials with the obligatory notice of the Constitutional Council on the accepted decision.

Article 41. Mailing and Publishing Decisions of the Constitutional Council

1. The final decision of the Constitutional Council shall be:

1) mailed it in two weeks after the adoption of the decision to entities established by the Constitution, petitions or their representatives as well as in all cases to the President, the Chairman of the Parliament, the Supreme Court, the General Procurator, the Minister of Justice of the Republic of Kazakhstan as follows:

2) they shall be published in the Kazakh and the Russian languages in the official national newspapers.

2. Other decisions where appropriate shall be published and forward it to the relevant state bodies and official persons in the cases and in accordance with the procedure as established by regulations concerning the Constitutional Council.

CHAPTER VI. CONCLUDING AND INTERIM PROVISIONS

Article 42. Financing the Functioning of the Constitutional Council

Financing of activities of the Constitutional Council shall be carried at the expense of the republic`s budget funds.

Article 43. The Apparatus of the Constitutional Council

The information, reference, scientific, advisory and other accessory work shall be performed by the apparatus of the Constitutional Council whose activities shall be regulated by current legislation, Regulations of the Constitutional Council and Regulations concerning the apparatus of the Constitutional Council.

Article 44. Symbols and the Seal of the Constitutional Council

1. On the building of the Constitutional Council the National flag of the Republic of Kazakhstan shall be hung.

2. In the room where the sessions of the Constitutional Council take place the State symbol of the Republic of Kazakhstan, the State flag of the Republic of Kazakhstan and the Constitution of the Republic of Kazakhstan shall be placed.

3. In the study of the Chairman of the Constitutional Council the State flag of the Republic of Kazakhstan shall be.

4. The Constitutional Council shall have a seal with the picture of the State symbol of the Republic of Kazakhstan and its name.

Article 45. Identification Documents of the Chairman and the Members of the Constitutional Council

The Chairman and the members of the Constitutional Council shall be granted identification documents in accordance with the established proforma and signed by the President of the Republic.

Article 46. The Procedure for the Formation and Period of Power of the First Membership of the Constitutional Council

The procedure for the formation and period of power of the first membership of the Constitutional Council shall be determined by Article 47 of the Constitution of the Republic.

Article 47. The Procedure for This Edict Entering into Force and Its Implementation

This Edict shall:

1) enter into force from the moment of its publication;

2) apply to disputes and legal relations which emerge after its entering into force.

President of the Republic of Kazakhstan
N. Nazarbaev