RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of February 11, 2003 No. 1

About official interpretation of Item 5 of Article 50, Item 5 of Article 51, items 4 and 5th article 52 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Hitrin Yu. A., members of council of Abishev of X.A., Baltabayeva K. Zh., Bychkova of Page F., Esenzhanova A., Kotov A. K. and Omarkhanova K. A., with participation:

the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic Abdrakhmanov S.,

member of Central Election Commission of the Republic Foos V. K., judge of the Supreme Court of the Republic Baishev Zh. P.,

deputy attorney general of the Republic Daulbayev A. K.,

vice-Minister of Justice of the Republic Shamsutdinov R. Sh.,

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 5 of Article 50, of Item 5 of Article 51, of items 4 and the 5th article 52 of the Constitution of the Republic of Kazakhstan.

Having studied the available materials, having heard the speaker - the member of the Constitutional Council Baltabayev K. Zh., speeches of the representative of the subject of the address and participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

The group of deputies of Parliament of the Republic about official interpretation of Item 5 of Article 50, of Item 5 of Article 51, of items 4 and the 5th article 52 of the Constitution of the Republic of Kazakhstan addressed to the Constitutional Council of the Republic of Kazakhstan. The subject of the address asks to explain the following questions:

Whether 1) Should be estimated term of office of the deputy since the moment when according to Item 5 of article 51 of the Constitution of the republic the candidate is considered the electee as in the Constitution other approaches to determination of the beginning of term of office of deputies of Parliament are not determined.

Whether 2) is Assumed by the phrase "the electee the candidate" obligation of immediate registration after summing up elections, except case of suspension of registration according to Item 1 of article 73 of the Constitution of the republic is considered.

Whether 3) the term of office of deputies of the Senate fixed in Item 5 of article 50 of the Constitution of the republic - Means six years, term of office of deputies of the Majilis - five years, the size of term of office only after carrying out regular elections of deputies. Whether the Constitution assumes smaller term of office for the deputies elected on early elections. As the term of office of the deputies of the Senate appointed the President of the republic at the beginning and during the next convocation shall be determined.

Whether 4) is Meant by the regulation of the Constitution of the republic stated in item 4 of Article 52, that after the end of term of office the deputy of Parliament can be brought to the corresponding responsibility without the consent of Chamber for the acts made by it in the period of the term of deputy powers.

Whether 5) the word "mandate" in Item 5 of article 52 of the Constitution of the republic Means expression of results of elections and investment of the deputy with appropriate authority with voters.

In case of interpretation of Item 5 of Article 50, of Item 5 of Article 51, of items 4 and the 5th article 52 of the Constitution of the Republic of Kazakhstan the Constitutional Council of the Republic of Kazakhstan, in relation to the questions raised in the address, proceeds from the following:

1. Item 5 of article 50 of the Constitution of the Republic of Kazakhstan, establishing term of office for deputies of the Senate - six years, and the Majilis - five years, does not specify the beginning of term of office of the deputy.

In case of permission of this situation it is necessary to be guided by item 4 of article 49 of the Constitution according to which the organization and activities of Parliament, legal status of his deputies are determined by the constitutional law.

According to this regulation of the Constitution the legislator in Item 2 of article 24 of the Constitutional law of the Republic of Kazakhstan "About Parliament of the Republic of Kazakhstan and the status of his deputies" it is fixed that powers of the deputy of Parliament begin with the moment of its registration as the deputy of Parliament Central Election Commission of the Republic.

In the resolution of the Constitutional Council of the republic "About official interpretation of Item 2 of article 49 of the Constitution of the Republic of Kazakhstan" of July 14, 1999 it is determined that powers of Parliament as collegiate state body on the duration not completely match with powers of his deputies. Council notes that powers of the deputy of Parliament begin with the moment of its registration by Central Election Commission. This legal line item follows also from sense of Item 1 of article 73 of the Constitution. Powers of Parliament begin with the moment of opening of its first session which is convened no later than thirty days from the date of publication of results of elections.

2. The constitutional law "About Elections in the Republic of Kazakhstan" establishes the term of publication of the message on results of elections of deputies of Parliament no later than ten days from the date of their carrying out, but does not specify the term of registration of deputies. Such approach of the legislator to this question in the Constitutional law "About Elections in the Republic of Kazakhstan" gives the grounds of Central Election Commission to establish time of registration of deputies which within the competence adopts regulatory legal acts.

3. Stipulated in Clause 50 Constitutions the term of office of deputies of the supreme representative body of the republic is single for deputies, the elite as on another, and early elections.

Dissolution of Parliament by the President of the republic, stipulated in Item 1 article 63 of the Constitution can be the basis of holding early elections. According to Item 5 of article 52 of the Constitution dissolution of Parliament is one of the bases of early termination of powers of deputies.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info