RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 2001 No. 16-17/3

About official interpretation of the subitem 7) article 54 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman of the board 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 of representatives:

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

The Ministries of Justice of the Republic - the vice-Minister of Justice Belorukov N. V.,

The Ministries of Foreign Affairs of the Republic - the acting head of department of international treaties of international legal department Kinzhebayeva A. K., assistant of department of international legal problems of international legal department Mukayev N. Sh.,

considered in open session of the address of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 7) of article 54 of the Constitution of the Republic of Kazakhstan.

Having studied the available materials, having heard speeches of speakers members of council of Akuyev N. I. and Omarkhanova K. A. and participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic two addresses of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 7) of article 54 of the Constitution of the Republic of Kazakhstan arrived on November 20, 2001.

Introduction of the Republic by the Government for consideration of the Majilis of Parliament of the Republic of drafts of the laws "About Ratification of the Fifth Additional Protocol to the Charter of Universal Postal Union" and "About Ratification of the Sixth Additional Protocol to the Charter of Universal Postal Union", and also the bill "About Ratification of Correction Documents to the Charter and the Convention of International Union of Telecommunication" was the cause for addresses.

The Republic of Kazakhstan joined on August 27, 1992 the Charter of Universal Postal Union (further - the Charter of VPS), to four additional protocols and other documents VPS, and on July 28, 1994 - the Charter and the Convention of International union of telecommunication (further - the Charter and the Convention MSE). These international documents did not undergo the procedure of approval in Parliament of the Republic.

In addresses it is noted that during discussion of bills in committees of Parliament different assumptions of possibility of ratification of above-mentioned international acts were stated: they are not subject to ratification as the main documents - the Charter of VPS and the Charter and the Convention MSE - were not ratified; their approval is possible the law; there is enough adoption of acts of the Government.

Taking into account stated, deputies in the addresses ask to give interpretation of the subitem 7) of article 54 of the Constitution of the Republic of Kazakhstan in relation to the situation stated above.

Because in addresses it is about interpretation of the same regulation of the Constitution of the Republic and on the same questions, according to Item 2 of Article 26 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" addresses are united in one production.

Having analyzed regulations of the Constitution of the Republic and materials of the constitutional production, the Constitutional Council of the Republic of Kazakhstan proceeds from the following.

According to the subitem 7) of article 54 of the Constitution of the Republic ratification and denouncement of international treaties of the Republic are power of Parliament. Besides, article 54 of the Constitution provides procedure for realization specified pravomochiyamezhdunarodny agreements of the Republic are ratified and denounced by consecutive consideration of appropriate questions in separate meeting of Chambers in the Majilis in the beginning, and then in the Senate.

As for establishment of the list of the international treaties which are subject to ratification and procedure for its implementation, the Constitution does not contain in this respect any regulations.

In other resolution of October 11, 2000 No. 18/2 "About official interpretation of Item 3 of article 4 of the Constitution of the Republic of Kazakhstan" the Constitutional Council also explained that the international agreements shall correspond to the Constitution and that the procedure for their conclusion is established by the legislation, and ratification in the cases established by the law is performed by acceptance of the Republic of the relevant law by Parliament.

Thus, the subitem 7) of article 54 of the Constitution of the Republic in relation to subject of the address means that power on ratification of international treaties of the Republic of Kazakhstan is prerogative of Parliament of the Republic. The list of the agreements which are subject to ratification and procedure of ratification is established by the legislation. Assessment of the specific situations which arose during application of regulations of the legislation on ratification and denouncement, and decision making on them are carried to competence of Parliament. It is not included into power of the Constitutional Council.

Based on stated, being guided by the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, the subitem 1) of Item 3 of Article 17, Articles 32, of 33, 37 and 41 Presidential decrees of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council of the Republic of Kazakhstan decides:

1. The subitem 7) of article 54 of the Constitution of the Republic of Kazakhstan, in relation to subject of the address, means that ratification of international treaties of the Republic of Kazakhstan is within the competence of Parliament of the Republic of Kazakhstan. The list of the international treaties which are subject to ratification and procedure of ratification is established by the legislation of the Republic of Kazakhstan.

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