RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2003 No. 11

About official interpretation of article 70 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman Omarkhanov K. A., members of council of Abishev H. A., Baltabayeva K. Zh., Bychkova of Page F. and Kotova A. K. with participation:

the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic Kosarev V. B.,

the representative of the Government of the Republic - the first Vice-Minister of Justice of the Republic of Kazakhstan Merkel I. D.,

vice-chairman of the Agency of the Republic of Kazakhstan for public service Abdrakhimov G. R.,

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of article 70 of the Constitution of the Republic of Kazakhstan.

Having studied the available materials, having heard the speaker - the member of the Constitutional Council Kotov A. K., 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 article 70 of the Constitution of the Republic of Kazakhstan in which the subject of the address asks to explain regulations of the specified Article concerning whether the political government employees of Prime minister's department, the central executive bodies and departments who are not members of the government shall resign in case of resignation of the Government addressed to the Constitutional Council of the Republic of Kazakhstan.

In case of interpretation of regulations of article 70 of the Constitution, in relation to the question raised in the address, the Constitutional Council of the Republic of Kazakhstan proceeds from the following.

In Item 1 of article 64 of the Constitution the Government is determined as body of the state which performs the executive authority of the Republic of Kazakhstan, heads system of executive bodies and directs their activities.

The resolution of the Constitutional Council "About official interpretation of Item 6 of article 61 of the Constitution of the Republic of Kazakhstan" of June 15, 2000 N9/2 specifies that the Government is collegiate organ.

According to Item 1 of article 65 of the Constitution the Government is formed by the President of the Republic of Kazakhstan according to the procedure, provided by the Constitution. According to the subitem 3) of article 44 of the Constitution the President, on representation appointed it with the consent of Parliament of the Republic of the Prime Minister, determines structure of the Government of the Republic, appoints to position and dismisses members of the government, and also will form, abolishes and will reorganize the central executive bodies of the Republic which are not part of the Government.

Follows from the given constitutional regulations that the Constitution differentiates the concepts "structure of the Government", implying by it set of the state bodies headed and run by the Government of the Republic and "structure of the Government" which in sense covers only the officials consisting in the Government as members of collegiate organ of the state adopting the relevant acts. Such understanding of the specified categories is established also in Item 2 of article 65 of the Constitution where it is fixed that offers on structure and structure of the Government are introduced to the President of the Republic in ten-day time after appointment of the Prime Minister.

Determination of procedure for the organization and activities of the Government the Constitution is referred to subject of legal regulation by the constitutional law (item 4 of article 64 of the Constitution).

In the Constitutional law "About the Government of the Republic of Kazakhstan" in Item 3 of Article 3 it is determined that the structure of the Government is formed by the ministries and other central executive bodies. According to item 4 of Article 3 aforesaid of the Constitutional law, are part of the Government of the Republic the Prime Minister, his deputies, ministers and other officials of the Republic.

In pursuance of the Constitution the structure of the Government affirms Presidential decrees of the Republic; in structure of the Government personally officials of the Republic are appointed the President of the Republic also relevant decrees.

Item 5 of article 70 of the Constitution establishes the general rule about the constitutional effects of acceptance by the President of the Republic of resignation of the Government or its members on the bases specified in Items 2 and 3 of this article of the Constitution. In all cases of acceptance by the President of the Republic of resignation of the Government or the Prime Minister or corresponding member of the government the Constitution means structure of collegiate organ of the state heading system of executive bodies, and also officials who directly enter it to destination the President. "Acceptance of resignation means the termination of powers of the Government or its corresponding member. Acceptance of resignation of the Prime Minister means the termination of powers of all Government" (Item 5 of article 70 of the Constitution).

Item 2 of article 70 of the Constitution provides to the Government and any his member the right on the initiative to resign by the statement for it to the President of the Republic when they count impossible further implementation of the functions assigned to them. In case of expression of non-confidence vote by Parliament to the Government (Item 3 of article 70 of the Constitution), the Government joint decision declares to the President of the Republic the resignation. If the President of the Republic the act decides to stop powers of the Government, to dismiss the Prime Minister or any member of the government (Item 7 of article 70 of the Constitution), then it attracts the termination of powers of the Government or the corresponding official without declaration of will about giving with them in resignation. The bases of the termination of powers of heads of other central executive bodies forming structure of the Government, but which are not part of the Government as collegiate organ, are not regulated by article 70 of the Constitution.

The subitem 8) of article 66 of the Constitution refers position assignment and dismissal of heads of the central executive bodies which are not part of the Government to competence of the Government of the Republic. The bases for this purpose shall be established and can be concretized by legal acts for public service and for procedure for its passing.

Thus, giving official interpretation to regulations of article 70 of the Constitution, Council states that questions of resignation of other government employees who are not part of the Government are not subject of their regulation.

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