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MESSAGE OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

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 April 19, 2004)

Dear deputies!

It is told about tendencies and need of strengthening of the constitutional legality for the country to the people of Kazakhstan in the Message of the Head of state N. A. Nazarbayev. Questions of the message are entered in the general text of legal policy of the State and characterize the level of realization of regulations and the principles of the Constitution. At the beginning of the performance allow to note that the Message sent you cannot owing to the objective reasons completely reflect condition of the constitutional legality in the country.

Ensuring the constitutional legality is complex and multi-level task. All branches of the power, law enforcement and local state agencies, social and political institutes, and also citizens of the republic are responsible for condition of the constitutional legality. Activities of the Constitutional council cover only separate, main part of such responsible sphere as life of society and state. Competence of the Constitutional Council, stipulated in Clause 72, Article of the fundamental law, allows to serve the Constitution of the Republic, considering on compliance to it regulations, legislations and giving official interpretation to its regulations.

In case of adoption of final decisions the Constitutional Council formulates the legal line items and aims to consider democratic perspectives of development of the state and the national right. Such approach to activities of Council is caused by the fact that the Constitution is the act of long-term action.

Dear deputies, the Constitutional Council in 2003 this the description of interpretation to separate constitutional regulations. In a number of resolutions of the Constitutional Council the questions having special value in development of our political system, determination of legal line items of the state found the solution.

So, the Constitutional council in the Resolution accepted on April 23, 2003 specified that "the parcels of land provided to foreign states for placement of diplomatic representations remain in property of the state of Kazakhstan".

The stated line item of Council is important in strengthening of territorial integrity and inalienability of the territories of the republic.

In the Resolution of December 1, 2003, explaining Constitution regulations, Council specified "unacceptability across the Republic of Kazakhstan multiple, and also, including, double citizenship". "If the citizen of the Republic of Kazakhstan acquires nationality of other state, then behind it citizenship of Kazakhstan from this point does not remain. Nationality is considered invalid if it is acquired by the foreigner, without stopping at the same time nationality of other state". In this regard it would be desirable to draw the attention of subjects of the legislative initiative to need of carrying out according to regulations of the Constitution, legislation and the concluded by the Republic, international treaties.

Before signing by the President of the Republic by the Constitutional Council the "Land code" directed by the Head of state who is recognized as constitutional was considered on compliance of the Constitution of the Republic and signed by the Head of state and is already effective.

According to the appeal of the Supreme Court to the Constitutional Council considered and recognized "not contradicting the Country constitution" number of articles of Criminal and Criminal procedure codes of the Republic. The questions concerning responsibility of the persons "earlier or two times and more offenders for plunders or racketings" were objects of the constitutional production.

Making the decisions on the basis of the Constitution, the Constitutional Council aimed to provide understanding of authentic content of the constitutional principles and provisions. Performing the constitutional production by the arrived provisions, Council was guided by the fundamental principles of the Constitution established in Item 2 of article 1 of the Constitution of RK. The accepted resolutions of the Constitutional Council in general are directed to strengthening of public consent, political stability and economic development for the benefit of the people of Kazakhstan.

The Constitution regulation that "the solution of the most important issues in the state life of the Republic is performed by democratic method" was one of basic provisions in case of adoption of resolutions by the Constitutional Council.

According to the addresses which arrived in 2003 normative resolutions of Council among which about compliance of the Constitution of the Law adopted by Parliament before signing by the President, "About official interpretation of regulations of the Constitution" are accepted. Number of these resolutions requires introduction of amendments to the current legislation for reduction it in compliance with the Constitution of RK, and also for the purpose of execution of final decisions of Council.

Shall notice that deputies of Parliament were initiators of the majority of addresses. The addresses and resolutions accepted on them which arrived from deputies are important in regulation of the constitutional relations in the Republic.

Questions of separate branches of law were objects of the constitutional production. So Council considers the addresses concerning the constitutional and legal, civil relations, the relations which arose in criminal procedure law, the land right, and also other branches of law.

The analysis of execution of resolutions of the Constitutional Council demonstrates that legal line items are not always timely considered in legislative and law-enforcement activity. The constitutional Council believes that when passing legal examination of drafts of the laws introduced to Parliament it is necessary to pay surely attention to compliance to their resolutions of the Constitutional Council. For the purpose of strengthening of the Constitutional legality in the country it would be necessary to carry out the analysis of realization of the regulations providing the constitutional responsibility and also the legislations establishing responsibility for non-compliance with regulations of the Constitutional laws of the Republic. Based on the obtained data we suggest to develop offers on legislative settlement of the called relations.

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