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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 3, 2017 No. 3

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 A. K. Daulbayev, V. A. Malinovsky, I. D. Merkel, R. Zh. Mukashev, A. A. Temerbekov, U. Shapak with participation:

the representative of the Senate of Parliament of the Republic of Kazakhstan - the deputy of the Senate of Parliament of the Republic of Kazakhstan V. V. Volkov,

the representative of the Majilis of Parliament of the Republic of Kazakhstan - the deputy of the Majilis of Parliament of the Republic of Kazakhstan A. N. Zhailganova,

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 judge of the Supreme Court of the Republic of Kazakhstan A. A. Kasimov,

the representative of Central Election Commission of the Republic of Kazakhstan - the member of Central Election Commission of the Republic of Kazakhstan V. K. Foos,

the representative of the Prosecutor General's Office of the Republic of Kazakhstan - the deputy attorney general of the Republic of Kazakhstan A. I. Lukin,

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,

representatives 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 B. S. Aryn and the acting as the Chairman of Committee on cases of religions E. A. Ongarbayev,

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 S. Zh. Ospanov

No. 2 "About check of constitutionality of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and activities of religious associations" considered on own initiative in open session question of review of normative resolutions of the Constitutional Council of the Republic of Kazakhstan of April 4, 2002 (further - the Normative resolution of the Constitutional Council of April 4, 2002 No. 2), of February 11, 2003 No. 1 "About official interpretation of Item 5 of Article 50, Item 5 of Article 51, items 4 and the 5th article 52 of the Constitution of the Republic of Kazakhstan" (further - the Normative resolution of the Constitutional Council of February 11, 2003 No. 1) and of February 11, 2009 No. 1 "About verification of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations" (further - the Normative resolution of the Constitutional Council of February 11, 2009 No. 1) in connection with adoption of the laws of the Republic of Kazakhstan of May 21, 2007 No. 254-III "About modification and amendments in the Constitution of the Republic of Kazakhstan" and of March 10, 2017 No. 51-VI "About modification and amendments in the Constitution of the Republic of Kazakhstan".

Having heard the message of the speaker - the member of the Constitutional Council R. Zh. Mukashev, performance of participants of meeting, having analyzed normative resolutions of the Constitutional Council and other materials of the constitutional production, the Constitutional Council of the Republic of Kazakhstan established:

1. The laws of the Republic of Kazakhstan of May 21, 2007 No. 254-III "About modification and amendments in the Constitution of the Republic of Kazakhstan" (further - the Law of May 21, 2007) and of March 10, 2017 No. 51-VI "About modification and amendments in the Constitution of the Republic of Kazakhstan" (further - the Law of March 10, 2017) introduce essential amendments in the Country constitution.

The constitutional amendments, in particular, withdraw ban on merge of public and state institutes and on public financing of public associations (Article 5); functions of Parliament, the number of his deputies, procedure for their election (appointment), terms of office and the bases of their termination (Article 49-58 and others are changed); content of rights and freedoms of man and citizen, conditions and limits of their restriction are specified (Article 39 and others); powers between branches of the power are redistributed (Articles 44, of 45, of 61, 66 and others), and also the list of the constitutional values is expanded and guarantees of their immunity are strengthened (Articles 44, 91 and others).

As it was already noted by the Constitutional Council, changes and amendments in the Constitution, in their interrelation, allow to treat in a new way government purpose, content of functions of the state, to determine the principles of relations of state bodies, public associations and citizens, to involve institutes of civil society in the solution of state and significant tasks more widely, to establish the legal regulations adequate to the changing public relations. In the set they not only determine content of the changed regulations, but also in some cases update legal sense of provisions and regulations of the Constitution which did not undergo to adjustment.

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 of March 10, 2017 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 it.

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