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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2018 No. 1

About Scientific and advisory council under the Constitutional Council of the Republic of Kazakhstan

According to Item 39 of Regulations of the Constitutional Council of the Republic of Kazakhstan approved by the resolution of the Constitutional Council of the Republic of Kazakhstan of April 19, 2002 No. 1, the Constitutional Council of the Republic of Kazakhstan decides:

1. Approve Regulations on Scientific and advisory council under the Constitutional Council of the Republic of Kazakhstan.

2. The resolution becomes effective from the date of its acceptance.

Chairman of the Constitutional Council of the Republic of Kazakhstan

K. A. Mami

Approved by the Resolution of the Constitutional Council of the Republic of Kazakhstan of January 24, 2018 No. 1

Regulations on Scientific and advisory council under the Constitutional Council of the Republic of Kazakhstan

1. General provisions

1. Scientific and advisory council under the Constitutional Council of the Republic of Kazakhstan (further - Scientific and advisory council) is the advisory advisory body created for the purpose of rendering scientific assistance to the Constitutional Council of the Republic of Kazakhstan (further - the Constitutional Council) in implementation of the powers assigned to it.

2. Tasks of Scientific and advisory council are:

1) preparation of evidence-based offers and recommendations on:

to ensuring rule of the Constitution and its direct action in the territory of the Republic, development of modern problems of constitutionalism;

to the questions which are in production of the Constitutional Council;

to use of foreign experience of official interpretation of the Constitution, implementation of preliminary and subsequent constitutional control;

to enhancement of the constitutional legislation and practice of its application;

to increase in efficiency of mechanisms of protection of constitutional rights and freedoms of man and citizen;

to promotion of the Constitution of the Republic of Kazakhstan and the principles of modern constitutionalism, the constitutional identity and the constitutional values, the embodiment of their provisions in the current legislation;

to increase in the constitutional outlook, sense of justice and right understanding of citizens;

2) introduction of offers to the draft of the annual message of the Constitutional Council on condition of the constitutional legality in the country;

3) forecasting of consequence in law of final decisions of the Constitutional Council and analysis of condition of their execution;

4) development and entering of offers into Council for legal policy in case of the President of the Republic of Kazakhstan concerning constitutional legal policy;

5) rendering scientific and organizational assistance to the Constitutional Council in holding the annual international scientific and practical conference devoted to the Constitution day of the Republic of Kazakhstan;

6) strengthening of cooperation with domestic and foreign scientific centers and legal organizations for more complete use of achievements of science and practice in the constitutional construction of the Republic of Kazakhstan;

7) preparation of reports on topical issues of constitutional and legal development.

3. Members of Scientific and advisory council carry out the work on a voluntary basis.

2. Structure and organization of work of Scientific and advisory council

4. Scientific jurists in the field of constitutional right and other industries of law are part of Scientific and advisory council. The structure of Scientific and advisory council affirms the Constitutional Council for representation of the Chairman of the Constitutional Council of the Republic of Kazakhstan (further - the Chairman of the Constitutional Council). Members of the Constitutional Council have the right to make offers on candidates.

Scientific and advisory council the scientific and practical workers who are not his members can be involved.

5. In structure of Scientific and advisory council sections in the separate directions which operating procedure is determined by the Constitutional Council can be formed.

6. The common directorship of Scientific and advisory council is performed by the Chairman of the Constitutional Council.

7. The constitutional Council from the structure determines the secretary - the member of the Constitutional Council for coordination of activities of Scientific and advisory council.

The secretary of Scientific and advisory council provides the organization of preparation of materials for consideration at meetings of Scientific and advisory council, prepares drafts of work plans and decisions of Scientific and advisory council, and also exercises control of execution of the made decisions.

8. Organizational and other support of work of Scientific and advisory council is assigned to the Office of the Constitutional Council of the Republic of Kazakhstan.

3. Operating procedure of Scientific and advisory council

9. Work of Scientific and advisory council is carried out on the basis of the plan approved by the Chairman of the Constitutional Council taking into account opinions of members of the Constitutional Council, Scientific and advisory council, and also offers of state bodies.

10. Meetings of Scientific and advisory council are held as required, but at least once a half-year. Meetings of Scientific and advisory council are competent in the presence of at least a half of its structure.

11. The chairman of the Constitutional Council or the member of the Constitutional Council determined by it presides over meetings of Scientific and advisory council.

12. If necessary representatives of state bodies and other organizations can be invited to meetings of Scientific and advisory council.

13. The decision on each question of the agenda of meeting is made after its discussion.

14. Decisions of Scientific and advisory council have advisory nature and are drawn up by the protocols signed by the chairman at meeting.

15. The structure of the Constitutional Council and employees of its Device has the right to participate in meetings of Scientific and advisory council and to express opinion on the discussed questions.

16. For the purpose of accomplishment of the assigned tasks members of Scientific and advisory council have the right:

1) to participate in accordance with the established procedure in meetings of the Constitutional Council;

2) with the consent of the member of the Constitutional Council - the speaker to get acquainted with materials of the constitutional production;

3) to petition before the Constitutional Council for request of necessary information from state bodies and the organizations.

 

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