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About condition of the constitutional legality in the Republic of Kazakhstan

(it is heard on joint sitting of Chambers of Parliament of the Republic of Kazakhstan on June 27, 2005)

According to the subitem 11) of article 53 of the Constitution of the Republic of Kazakhstan to Parliament of the Republic of Kazakhstan the annual Message about condition of the constitutional legality in the country goes.

In 2005 10 years of the Constitution of the Republic of Kazakhstan are performed. This quite sufficient time to be convinced that the Constitution became the creating beginning of successful movement to high standards in the field of statehood and the right, providing rights and freedoms of man and citizen.

Need to sum up some results of ten years' experience of the constitutional construction is explained by it.

1. Main results of the constitutional development

The constitution holds priority position in country system of law. The basic ideas determining nature of society, economy, policy, the social sphere, state and the right are fixed in it, limits and nature of state regulation are set. The constitution determines the main beginnings of foreign policy of the state, ratio of the international and national law.

The constitution of the Republic as the primary source of legal postulates of new formation pledged presidential government in basis of state mechanism, having provided thereby at the legislative level creation and functioning of high-quality legal designs practically for all spheres of public and state life. The guarantor of firmness of the Constitution, the consolidating kernel of state system of law providing unity and coordination of all state institutes is the President of the Republic of Kazakhstan.

In 10 years 12 codes and over 300 laws in spheres of public administration, economic activity, social security, health care, science and education are adopted. The carried-out codification of legal regulations in the most significant spheres, and also adoption of the industry laws created viable system of law of Kazakhstan.

One of the main advantages of the Fundamental law is declaration by it as the supreme value of the person, his life, rights and freedoms at the level conforming to international standards. Recognition, observance and protection of human rights and freedoms and grazhdaninamnogoaspektno the obligation of the state, its bodies and officials enshrined in the legislation of the country.

The Message of the Head of state to the people of Kazakhstan "Kazakhstan at way of the accelerated economic, social and political upgrade" became the major event in country life in the current year. New initiatives of the President of the republic N. A. Nazarbayev demonstrate the aspiration of the state to provide worthy life to citizens, consecutive promotion of Kazakhstan on the way of creation of the democratic, constitutional and social state.

Also the edition the President of the republic of the Decree "About Measures for Further Use of Potential of the Constitution of the Republic of Kazakhstan" became timely. Thereby it is accurately designated that the Constitution has the resources sufficient for further political development of the country that allows to solve the arising problems by enhancement of the legislation.

2. Activities of the Constitutional council of the Republic of Kazakhstan for implementation of the constitutional control

For the period the activities from the date of education the Constitutional council considered 142 addresses, from them in 107 cases at open sessions final decisions are made. According to 34 addresses it is refused acceptance to the constitutional production, on 10 - production is stopped.

On subjects of addresses the statistics looks as follows:

¦ № ¦       Субъект обращения        ¦   Всего   ¦    в т.ч.   ¦
¦п/п¦                                ¦ поступило ¦ в 2004 году ¦
¦   ¦                                ¦ обращений ¦             ¦
¦1. ¦Президент                       ¦     16    ¦      2      ¦
¦2. ¦Председатель Сената Парламента  ¦      7    ¦      -      ¦
¦3. ¦Председатель Мажилиса Парламента¦     13    ¦      -      ¦
¦4. ¦Председатели палат    Парламента¦      2    ¦      -      ¦
¦   ¦(совместно)                     ¦           ¦             ¦
¦5. ¦Депутаты Парламента   (не  менее¦     33    ¦      3      ¦
¦   ¦одной пятой части от  их  общего¦           ¦             ¦
¦   ¦числа)                          ¦           ¦             ¦
¦6. ¦Премьер-Министр                 ¦     17    ¦      1      ¦
¦7. ¦Суды                            ¦     54    ¦      2      ¦

By the constitutional council it is considered:

- about official interpretation of regulations of the Constitution - 67 addresses;

- about compliance of the Constitution of the laws adopted by Parliament and provided for the signature to the Head of state - 20. 9 laws are recognized unconstitutional;

- representations of courts according to article 78 of the Constitution

54. Not corresponding Constitutions are acknowledged 10 regulations of the laws and the international acts.

In the decisions made by council, the important place is taken by questions of constitutional rights and freedoms of man and citizen (% 41,1 from all number of the considered addresses).

At the same time 18 normative resolutions of the Constitutional council concern questions of ensuring the constitutional principle of equality of all before the law and court, discrimination non-admission (Article 14 of the Fundamental law).

Based on creation of discrimination and unfair sales terms of basic rights and freedoms, including violations of the principle of equality of citizens before the law and court, Constitutional council were acknowledged not corresponding to the Constitution:

- part three of article 261 of the Code of Administrative Offences of the Kazakh SSR;

- part two of Item 6.12 of Article 6 of the Lease agreement of the Baikonur complex, articles 5 and 11 of the Agreement on interaction of law enforcement agencies in providing law and order in the territory of the Baikonur complex between the governments of the Republic of Kazakhstan and the Russian Federation;

- Law "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan concerning Religion and Activities of Religious Associations";

- Item 3 of article 15 of the Law "About Notariate".

10 final decisions of council are devoted to implementation by citizens of the right to judicial protection (Item 2 of Article 13 of the Fundamental law).

Decisions of the Constitutional council concerned also questions of the constitutional sales terms and guarantees of the rights of citizens on:

- private property;

- social, including pension, providing;

- personal liberty;

- freedom of consolidation;

- participation in elections (active and passive voting right);

- equal access to public service.

Questions of freedom of expression and the right to free obtaining and distribution of information were subject of consideration of council also.


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