RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 1996 No. 2/1

About official interpretation of Item 3 of article 52 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Kim Yu. A. and members of the Constitutional Council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Sabikenov S. N., Temirbulatov S. G., Shopin V. D., having considered in open session based on the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan and the subitem 1) of Item 3 of Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" of December 29, 1995 the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Ospanov N. T. about official interpretation of Item 3 of article 52 of the Constitution of the Republic of Kazakhstan,

established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Ospanov M. T. arrived. about official interpretation of Item 3 of article 52 of the Constitution of the Republic of Kazakhstan. In the letter of the Chairman of Central Election Commission of the Republic of Kazakhstan Baliyevy Z. Otmecheno attached to the address that "in the course of the solution of questions of procedure and methods of execution of requirements of the Republic of Kazakhstan the Central Election Commission met difficulties in interpretation of Item 3 of Article 52. There is question, to properly understand that "The deputy of Parliament has no right... hold other paid positions, except teaching, scientific or other creative activities, perform business activity, be part of governing body or the supervisory board of the commercial organization".

The given poll of the Secretary of Central Election Commission of the Republic of Kazakhstan Kuleshova E. V. showed that there is need of interpretation of Item 3 of article 52 of the Constitution of the Republic of Kazakhstan in general which except for is not requiring explanation of the last offer: "The former place of employment (position) or provision of former work (position) in case of the termination or after its powers is not guaranteed to the deputy of Parliament". With respect thereto the Constitutional Council of the Republic of Kazakhstan considered the address of the Chairman of the Majilis of Parliament of the Republic about interpretation of Item 3 of article 52 of the Constitution of the Republic of Kazakhstan in the following part: "The deputy of Parliament has no right to be the deputy of other representative body, to hold other paid positions, except teaching, scientific or other creative activities, to perform business activity, to be part of governing body or the supervisory board of the commercial organization. Violation of this rule involves the termination of powers of the deputy".

In the analysis of content of Item 3 of article 52 of the Constitution in the specified part the Constitutional Council proceeded from the following. In Item 1 of article 50 of the Constitution of the Republic of Kazakhstan the principle of the organization of activities of deputies is established: "The parliament consists of two Chambers: The senate and the Majilis acting on the permanent basis". This provision demonstrates that work of deputies in Parliament is main type of their labor activity, they perform the activities professionally, getting for this job the monetary reward according to Item 1 of Article 30 of the Presidential decree of the Republic of Kazakhstan, valid the constitutional law "About Parliament of the Republic of Kazakhstan and the Status of His Deputies".

The constitutional incompatibility of the mandate of the deputy of Parliament of the Republic of Kazakhstan with the deputy mandate of other representative body, prohibition to hold other paid positions, to perform business activity, to be part of governing body or the supervisory board of the commercial organization are designed to provide impartiality and independence of deputies from any state and public bodies or private interests. The requirement of incompatibility of positions provides also to the deputy opportunity to be concentrated only at work in Parliament.

Other representative bodies, in addition to Parliament of the Republic of Kazakhstan, according to Item 1 of article 86 of the Constitution of the Republic of Kazakhstan are local representative bodies - maslikhats.

Permission, according to the procedure of exception, to the deputy of Parliament of the Republic of Kazakhstan to be engaged in teaching, scientific and other creative activities is explained by the fact that it usually has individual character and is performed in the field of science, education, culture, the equipment, literature and art, enough autonomous from parliamentary activities and, as a rule, outside working hours on the main work. This exception is caused as well by feasibility of use of scientific, creative potential of deputies of Parliament in the specified fields of activity.

Teaching activities are performed in education system which according to article 10 of the Law of the Republic of Kazakhstan "About education" represents network of the organizations of education realizing educational services and cover: family education; preschool education; general secondary education; out-of-school education and training; vocational training; secondary vocational education; the higher education; postgraduate education (postgraduate study, doctoral studies, etc.); advanced training and retraining of personnel; additional education.

Scientific activities are connected with accomplishment of scientific research in the scientific organizations which according to article 20 of the Law of the Republic of Kazakhstan "About science and scientific and technical policy of the Republic of Kazakhstan" academic institutions, higher educational institutions, industry and cross-industry research institutions, scientific centers, design and technological offices, the engineering centers, experimental stations, science and production associations treat.

Creative activities can be performed in any sphere scientific, technological, art, etc.: where something new is created, opens, invented.

Occupation is allowed by deputies of Parliament of paid positions in the field of teaching, scientific and other creative activities as combining jobs according to the labor law of the republic.

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