RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2001 No. 14/2

About official interpretation of the subitem 9) article 44 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 Akuyev N. I., Busurmanova Zh. D., Esenzhanov A., Kotov A. K., Omarkhanova K. A. and Shopina V. D., with participation:

the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic of Kazakhstan Sisinbayev T. M.;

vice-Minister of Finance of the Republic of Kazakhstan Korzhova N. A.;

vice-Minister of Justice of the Republic of Kazakhstan Kotlov A. N.;

head of department of enhancement of public service of the Agency of the Republic of Kazakhstan for public service Minayev O. S.,

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 9) of article 44 of the Constitution of the Republic of Kazakhstan.

Having studied the available materials, having heard the speaker - the member of the Constitutional Council Shopin V. D., performance of participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 9) of article 44 of the Constitution of the Republic of Kazakhstan arrived on October 8, 2001. Deputies ask to explain at the same time that it is necessary to understand as "single system of financing and compensation" and whether this formulation includes determination of structure and the number of staff of the bodies containing at the expense of the government budget of the Republic.

In case of interpretation of the subitem 9) of article 44 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.

The subitem 9) of article 44 of the Constitution determines that the President of the Republic of Kazakhstan on representation of the Prime Minister of the Republic approves single system of financing and compensation of workers for all bodies containing at the expense of the government budget of the Republic.

The given regulation of the Constitution gives to the President of the Republic the right to approve single procedure for financing and compensation of workers in all bodies containing at the expense of the government budget, including conditions and amount of their monetary pay, registers of positions and lists of categories of these workers, limit of the number of staff of bodies.

The conferred constitutional power of the President of the Republic is concretized by the laws of the Republic of Kazakhstan, in particular, "About budget system", "About public service" and is implemented by number of regulatory legal acts of the head of state.

The presidential decree of the Republic of Kazakhstan of March 25, 2001 N575 "About Single System of Compensation of Employees of the Bodies of the Republic of Kazakhstan Containing at the expense of the Government Budget" as single system of compensation of employees of the bodies containing at the expense of the government budget installs time wages system. It includes compensation on basis: the coefficients applied to basic official pay rate for calculation of official pay rates, salaries on military ranks, surcharges for special ranks, class ranks; schemes of official pay rates in foreign currency to Ambassadors extraordinary and plenipotentiary and employees of organizations of the Ministry of Foreign Affairs of the Republic of Kazakhstan abroad, payments of surcharges, allowances, compensations.

The presidential decree of the Republic of Kazakhstan of December 29, 1999 N318 "About Approval of the Register of Positions of Administrative Government Employees and the List of Categories of Managerial State Positions" to state bodies is entrusted to bring the structures and staff lists into accord with its provisions.

Item 1 of article 9 of the Law of the Republic of Kazakhstan "About budget system" provides financing from means of the republican budget: activities of the President, Parliament of the Republic of Kazakhstan, the Constitutional Council, Calculating committee, Central Election Commission, the executive and other bodies performing general functions of public administration; judicial system.

According to Item 2 of article 9 of this Law maintenance costs of administrators of republican budget programs are established proceeding from the limit of the number of staff approved by acts of the President and the Government of the Republic of Kazakhstan, and the standard rate of current expenses on one worker on groups of the state bodies approved by acts of the Government of the Republic.

Limits of the number of staff of the state bodies containing at the expense of the republican budget are approved:

on state bodies, directly subordinate and accountable to the President of the Republic and other bodies which are not part of the Government of the Republic

- The presidential decree of the Republic of Kazakhstan of January 22, 1999 N29 "About Measures for Further Optimization of System of State Bodies of the Republic of Kazakhstan". This Decree approves also the number of staff of Chambers of Parliament and the office of the Supreme Court of the Republic of Kazakhstan;

on the central executive bodies - the order of the Government of the Republic of Kazakhstan of February 9, 2001 N214 "About Approval of Limits of the Number of Staff".

The standard rate of current expenses on one worker annually affirms the relevant decision of the Government of the Republic. For 2001 the standard rate is approved by the order of the Government of the Republic of Kazakhstan of October 2, 2000 N1485 "Some questions of project development of the Law of the Republic of Kazakhstan "Of the republican budget for 2001".

According to Item 2 of article 39 of the Constitutional law "About Parliament of the Republic of Kazakhstan and the Status of His Deputies" determination of structure and the number of staff of offices of the Senate and Majilis of Parliament is performed by Bureau of Chambers within the budgetary funds allocated for financing of activities of Parliament and the general number of staff of the office of Chambers of Parliament approved by the President of the Republic.

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