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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 substantial 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.

At the same time, according to Item 6 of article 61 of the Constitution of the Republic the drafts of the laws providing reducing state revenues or increase in the public expenditures can be introduced only in the presence of the positive conclusion of the Government of the Republic. When entering by group of deputies into the Majilis of Parliament of the draft of the considered Law by the Government on it the negative conclusion of September 21, 2000 is drawn by N13-4/8021.

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.

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