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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2017 No. 2

About review of some normative resolutions of the Constitutional Council of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the chairman I. I. Rogov, members of council of N. V. Belorukov, A. K. Daulbayev, B. A. Malinovsky, A. M. Nurmagambetova, U. M. Stamkulov, U. Shapak with participation:

the representative of the Senate of Parliament of the Republic of Kazakhstan - the chairman of Committee on the constitutional legislation, judicial system and 0 law enforcement agencies of the Senate of Parliament of the Republic of Kazakhstan S. B. Akylbaya,

the representative of the Government of the Republic of Kazakhstan - the deputy minister of justice of the Republic of Kazakhstan Z. H. Baymoldina,

the representative of the Supreme Court of the Republic of Kazakhstan - the chairman of judicial board on civil cases of the Supreme Court of the Republic of Kazakhstan E. N. Abdykadyrov,

the representative of the Prosecutor General's Office of the Republic of Kazakhstan - the First Deputy Attorney-General of the Republic of Kazakhstan I. D. Merkel,

the representative of Committee of homeland security of the Republic of Kazakhstan - the vice-chairman of Committee of homeland security of the Republic of Kazakhstan M. O. Kolkobayev,

the representative of the Agency of the Republic of Kazakhstan for public service and to anti-corruption - the chief of staff of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of S. K. Akhmetzhanov,

the representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan - the special envoy of the Ministry of Foreign Affairs of the Republic of Kazakhstan S. M. Seytimbetova,

the representative of the Ministry of cases of religions and civil society of the Republic of Kazakhstan - the vice-Minister of Ecclesiastical Affairs and civil society of the Republic of Kazakhstan of B. S. Aryn,

the representative of the Ministry of Internal Affairs of the Republic of Kazakhstan - the director of Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan S. V. Ponomarev,

the representative of the Commissioner for Human Rights in the Republic of Kazakhstan - the head of the National center for human rights of C. Zh. Ospanova

No. 51-VI "About modification and amendments in the Constitution of the Republic of Kazakhstan" considered in open session question of review of some normative resolutions of the Constitutional council of the Republic of Kazakhstan in connection with adoption of law of the Republic of Kazakhstan of March 10, 2017.

Having heard the message of the speaker - the member of the Constitutional Council U. Shapak, performances of participants of meeting, representatives of legal community - professor of department of the theory and history of state and law, constitutional right of law department of Eurasian national university of L. N. Gumilev, the doctor of jurisprudence Zh. D. Busurmanov and the director of Research institution of criminal procedure researches and anti-corruption of KAZGYuU University Joint-stock company, the doctor of jurisprudence, professor M. Ch. Kogamov, having analyzed normative resolutions of the Constitutional Council and other materials of the constitutional production, the Constitutional Council of the Republic of Kazakhstan

established:

The law of the Republic of Kazakhstan of March 10, 2017 No. 51-VI "About modification and amendments in the Constitution of the Republic of Kazakhstan" (further - the Law) introduces amendments in the Country constitution.

The constitutional amendments are aimed at providing rule of the Constitution of the Republic in system of the law in force and its unconditional execution in all territory of the country, extension of the list and increase in level of security of especially protected constitutional values, strengthening of the constitutional control, and also refining of content, conditions and limits of restriction of rights and freedoms of man and citizen.

The new role is fixed, independence and responsibility of Parliament and Government by means of redistribution of powers between the highest state authorities, changes of procedure for forming of the Government and strengthening of parliamentary control of the Government, exceptions of legislative powers of the President of the Republic, and also transfer of competence of the Head of state to part to the Government are expanded, the constitutional status of position of the Commissioner for Human Rights is given.

The status beginnings of the Constitutional Council, judicial system, prosecutor's office, bodies of local public administration and self-government are specified, other conceptual changes are made to the Fundamental Law (Item 3-1 of Article 2; Item 3 of Article 4; Item 2 of Article 10; Items 2 and 3 of Article 39; Item 2 of Article 41; subitems 3), 8), 9), 10-1), 18) Article 44; Item 2 of Article 45; Item 1 of Article 49; subitem 3) Article 53; subitem 1-1) of Article 55; subitem 6) Article 57; Item 2 of Article 61; Item 2 of Article 64; subitems 1), 8) and 9-1) Articles 66; subitem 4) Article 67; Item 1 of Article 70; Item 2 of Article 72; item 4 of Article 73; Item 2 of Article 74; Item 3 of Article 79; Article 81; Item 1 of Article 83; Item 5 of Article 86; item 4 of Article 87; Items 2 and 3 of article 91 of the Constitution of the Republic of Kazakhstan).

The constitutional reform of 2017 became natural stage on the way of comprehensive and consecutive upgrade of society and state.

Systems analysis of the Law shows that in the set it not only determines content of the changed regulations, but also in some cases updates legal sense of provisions and regulations of the Constitution which did not undergo to adjustment. This circumstance gives the grounds for allocation of general patterns and trends of the constitutional transformations and reference points in official interpretation of the constitutional regulations.

All this requires reduction in compliance with the updated Constitution of the law in force of the country, including normative resolutions of the Constitutional Council.

According to the subitem 1) of Item 1 of article 36 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 No. 2737 "About the Constitutional Council of the Republic of Kazakhstan" the decision of the Constitutional Council can be reviewed by it at the initiative of the President of the Republic of Kazakhstan or on own initiative if the regulation of the Constitution based on which the decision was made changed.

For the purpose of implementation of the Law Item 7 of the Presidential decree of the Republic of Kazakhstan of March 13, 2017 "About package of measures for implementation of the Law of the Republic of Kazakhstan of March 10, 2017 "About modification and amendments in the Constitution of the Republic of Kazakhstan" to the Constitutional Council it is recommended to No. 437 to take measures for review and reduction of the regulatory legal acts adopted by it in compliance with the Law.

The constitutional Council determined the initial beginnings of work on review of the accepted normative resolutions earlier.

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