RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2000 No. 15/2

About official interpretation of the subitem 2) Articles 44, Item 2 of Article 45, Item 2 of Article 61, Item 2 of Article 62, subitem 2) Item 1 of article 72 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman of the Constitutional Council Shopin V. D., members of council Busurmanov Zh. D., Esenzhanov A., Kotov A. K. and Omarkhanova K. A., with participation of the representative of the subject of the address - the first deputy manager of State and legal department of Administration of the President of the Republic of Kazakhstan of Donakov T. S., considered in open session the address of the President of the Republic of Kazakhstan about official interpretation of the subitem 2) of Article 44, of Item 2 of Article 61, of Item 2 of Article 62, of the subitem 2) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan.

Having studied the provided materials, having heard speakers - members of the Constitutional Council - Omarkhanova K. A. and Shopina V. D., speech of the representative of the subject of the address, the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan the address of the President of the Republic of Kazakhstan Nazarbayev N. A. arrived on June 30, 2000. about official interpretation of the subitem 2) Articles 44, Item 2 of Article 61, Item 2 of Article 62, the subitem 2) Item 1 of article 72 of the Constitution of the Republic of Kazakhstan regarding the term "law" used in these regulations.

In case of interpretation of the specified constitutional regulations the subject of the address asks to establish - the term "law" includes or does not include the concept "constitutional law" whereas Item 1 of article 13 of the Constitutional law "About Parliament of the Republic of Kazakhstan and the Status of His Deputies" says, in particular, that the Parliament adopts legal acts in the form of the laws of the Republic of Kazakhstan, including constitutional. During the meeting of the Constitutional Council the representative of the subject of the address according to the procedure of the subitem 1) of Item 3 of Article 21 of the Presidential decree of the Republic of Kazakhstan, the valid Constitutional law, declared the petition for increase in amount of the address "the Constitutional Council of the Republic of Kazakhstan", having included in official interpretation Item 2 of article 45 of the Constitution regarding the question raised in the address.

By consideration of this address the Constitutional Council proceeds from the following.

According to Item 1 of article 62 of the Constitution of the Republic of Kazakhstan the Parliament adopts legal acts in the form of the laws of the Republic of Kazakhstan, resolutions of Parliament, resolutions of the Senate and Majilis which are binding in all territory of the Republic. In Item 2 of Article 62 it is determined that the laws become effective after their signing by the President of the Republic. This regulation of the Constitution extends to all types of the laws including constitutional.

Further, in the specified Article the procedure for acceptance by Parliament is determined:

the laws on modification and amendments in Konstitutsiyubolshinstvy at least three quarters of voices of total number of deputies of each of Chambers (Item 3);

the constitutional laws - the majority at least two thirds of voices of total number of deputies of each of Chambers (Item 4);

the laws of the Republic of Kazakhstan - by a majority vote from total number of deputies of Chambers if other is not provided by the Constitution (Item 5).

Contents of article 62 of the Constitution demonstrate that the term "law" as form of the legal act adopted by Parliament includes also "the constitutional law" that is also confirmed by Item 1 of article 13 of the Constitutional law "About Parliament and the Status of His Deputies". The right of the Head of state established in the subitem 2) of article 44 of the Constitution to sign the law provided by the Senate of Parliament or to return it for repeated discussion and vote extends equally and to the constitutional law. If to assume that the term "law" does not cover the constitutional laws, then the President of the Republic will be deprived not only the rights of "veto" concerning the constitutional laws adopted by Parliament, but also the rights to send according to the subitem 2) of Item 1 of article 72 of the Constitution to the Constitutional Council of the address about verification of the constitutional laws which arrived to it for the signature on their compliance to the Constitution of the Republic that contradicts the constitutional principle of providing with the President of the Republic of the approved functioning of all branches of the power with use of system of controls and counterbalances.

Item 2 of article 61 of the Constitution affirms the right of the President of the Republic to determine priority of consideration of drafts of the laws. Here the term "law" also includes not only the regular, but also constitutional laws. This rule is confirmed also with practice of legislative activity. So, the Head of state the regular and constitutional laws appeared priority and urgent.

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