RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 22, 2001 No. 15/2

About the Constitutional law of the Republic of Kazakhstan "About modification and amendments in the Constitutional law of the Republic of Kazakhstan "About Parliament of the Republic of Kazakhstan and the status of his deputies"

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 of representatives:

the subject of the address - the Minister of Justice of the Republic of Kazakhstan Rogov I. I., Vice-Minister of Justice Kotlov A. N.;

The senate of Parliament of the Republic of Kazakhstan - the deputy Zhusupov B. G.;

The Majilis of Parliament of the Republic of Kazakhstan - the deputy Sisinbayev T. M.;

The Ministries of Finance of the Republic of Kazakhstan - the Vice-Minister of Finance Korzhova N. A.,

considered in open session the address of the Prime Minister of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan of the Constitutional law of the Republic of Kazakhstan "About modification and amendments in the Constitutional law of the Republic of Kazakhstan "About Parliament of the Republic of Kazakhstan and the status of his deputies", accepted by Parliament of the Republic of Kazakhstan on joint sitting of its Chambers on October 18, 2001.

Having studied the available materials, having heard speakers - members of the Constitutional Council of Akuyev N. I. and Shopina V. D., performances 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 the Prime Minister of the Republic of Kazakhstan with request arrived on November 13, 2001 to consider the Constitutional law "About modification and amendments in the Constitutional law of the Republic of Kazakhstan "About Parliament of the Republic of Kazakhstan and the status of his deputies" regarding compliance of its Constitution of the Republic.

Having considered the address of the Prime Minister, the Constitutional Council came to conclusion that this Constitutional law by number of provisions of procedural and informative nature does not correspond to the Constitution of the Republic.

So, this legal act brings in the existing Constitutional law of the Republic of Kazakhstan of October 16, 1995 "About Parliament of the Republic of Kazakhstan and the status of his deputies" number of amendments which enforcement will demand increase in the public expenditures:

- Article 25 is added with Item 3 following of content: "3. The deputy of Parliament can have the regular assistants and assistants working on a voluntary basis";

- Article 29 is added with Item 3 determining that under Parliament of the Republic scientific and advisory council and publication can be formed;

- Article 30 is added with regulation "3-1. For implementation of deputy powers in constituencies by the local executive body to the deputy provides the office and motor transport for business trip".

Realization of the given regulations, according to the conclusion of the Government and Ministry of Finance of the Republic, will demand increase in expenses both republican, and local budgets.

Proceeding from the above, the Constitutional Council considers that the specified amendments are accepted with violation of requirements of Item 6 of article 61 of the Constitution of the Republic of Kazakhstan.

The constitutional Council also sees in the Law of regulation adopted by Parliament, the contradicting Constitutions on the content.

So, regulation of the considered Law that the deputy of Parliament can have regular assistants (the subitem 2) of Item 10) contradicts the subitem 9) of article 44 of the Constitution of the Republic and to the resolution of the Constitutional Council of November 12, 2001 of N14/2 "About Official Interpretation of the Subitem 9) Article 44 of the Constitution of the Republic of Kazakhstan". In particular, by this resolution it is explained that the final decision on amount and conditions of cash cover of activities of employees of the relevant organs containing at the expense of means of the government budget the President of the Republic on the basis of determination of the general number of staff of these bodies accepts, establishments of registers of positions and lists of categories of government employees.

Besides, in article 2 of this Law it is provided "In Item 3 of Article 8 of the word "its competence" shall be replaced with words "competence of these persons". Follows from this regulation that officials of state bodies and local government bodies on which need of presence at session the decision of Parliament or its Chambers is made shall arrive to Parliament and give necessary explanations on the questions entering their competence.

However, according to item 4 of article 3 of the Constitution the government in the Republic is single and is performed according to the principle of its separation into legislative, executive and judicial branches. From this follows that each of branches of the power is given certain authority. The constitution of the Republic establishes the exhaustive list of powers of Parliament, its Chambers and does not allow their expansion, differently as by introduction of amendments and amendments to the Constitution. This regulation is stated in the resolution of the Constitutional Council of October 15, 1997 to N17/2 "About Official Interpretation of Articles 53-57 of the Constitution of the Republic of Kazakhstan Establishing Powers of Parliament and Its Chambers". Therefore, proceeding from the constitutional powers, the Parliament has the right to oblige officials of state bodies and local government bodies to give necessary explanations only on the questions entering in its (Parliament) competence.

Article 8 of the adopted legal act Item 3 of article 19 of the existing Constitutional law is added with words ", except as specified, when the President of the Republic addresses to the Constitutional Council about compliance of the law of the Constitution adopted by Parliament". This provision does not correspond to the subitem 2) of Item 1 of article 72 of the Constitution according to which the Constitutional Council considers before signing by the President the laws adopted by Parliament on their compliance to the Constitution according to the address not only the President of the Republic, but also according to addresses of Chairmen of the Senate and Majilis, the one fifth part from total number of deputies of Parliament, the Prime Minister suffices that also attracts suspension of term of signing of the law.

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