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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 15, 2000 No. 9/2

About official interpretation of Item 6 of article 61 of the Constitution of the Republic of Kazakhstan

(as amended on 27-04-2011)

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman Akuyev N. I., members of council Busurmanov Zh. D., Esenzhanov A., Kotov A. K., Omarkhanova K. A. and Shopina V. D. with participation of the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic Daulbayev A. K., considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 6 of Article 61 and item 4 of article 92 of the Constitution of the Republic of Kazakhstan. Having studied the available materials, having heard the speaker Omarkhanov K. A. and established speech of the representative of the subject of the address, the Constitutional Council of the Republic of Kazakhstan:

1. In the Constitutional Council of the Republic the address of group of deputies of Parliament of the Republic about giving official interpretation of Item 6 of Article 61 and item 4 of article 92 of the Constitution of the Republic of Kazakhstan arrived on June 2, 2000.

The situation connected with realization by deputies of power to initiate legislation was the cause for the address.

According to item 4 of article 92 of the Constitution the legislation of the Republic of Kazakhstan existing at the time of entry into force of the Constitution is applied in the part which is not contradicting it and within two years from the date of adoption of the Constitution shall be brought into accord with it. In the address deputies refer to the fact that the bills initiated by them directed to reduction of the laws in compliance with the Constitution cannot be introduced by them in the Majilis of Parliament because of the negative conclusions of the Government of the Republic. At the same time, as it is stated in the address, the conclusions reflect opinion not of all Government, but his certain members.

The subject of the address asks to consider some questions in case of interpretation of above-mentioned constitutional regulations: whether the positive conclusion of the Government on the bills directed as to elimination of contradictions of current laws, and their reduction in compliance with the Constitution is necessary; whether the Government can not take measures for fulfillment of requirements of item 4 of article 92 of the Constitution and the negative conclusions which are drawn up with violation of provisions of the Constitution, to interfere to make it to deputies of Parliament; whether the government conclusions are final and whether it is possible to appeal them judicially.

2. Having analyzed regulations of the Constitution of the Republic and materials of the constitutional production, the Constitutional Council of the Republic by consideration of the address of group of deputies about interpretation of Item 6 of Article 61 and item 4 of article 92 of the Constitution of the Republic of Kazakhstan proceeds from the following.

Item 6 of article 61 of the Constitution determines that 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.

Thus, requirements of item 4 of article 92 of the Constitution shall be fulfilled certainly. It is obvious that the specified constitutional problem is solved by authorized subjects of legislative process. Developing the draft of the government budget, the Government, taking into account requirements of item 4 of article 92 of the Constitution, shall provide the reducings state revenues, and increase in the public expenditures connected with reduction of the current legislation in compliance with the Constitution assumed both. The reasonable balance of controls and counterbalances between two branches of the government will provide accomplishment of the corresponding constitutional establishments.

All questions of interaction of legislative and executive branches of the power are provided by regulations of the Constitution and are solved them with use of the constitutional powers within conciliation procedures, or with participation of the President of the Republic - the guarantor of the unity of the government, firmness of the Constitution providing the approved functioning of all branches of the power (article 40 of the Constitution of the Republic).

Due to stated, including concerning the negative conclusion of the Government under bills, we will not allow dispute resolution legal process between branches of the power as the constitutional regulations owing to their highest legal force and supremacy are not disputed in courts and other any bodies.

3. According to Item 6 of article 61 of the Constitution the conclusion of the Government of the Republic is required. At the same time the conclusion will have constitutional and legal legitimacy if proceeds from the Government as collegiate organ.

According to the current legislation the collective opinion of this state body is expressed or in its resolution (Item 1 of article 69 of the Constitution), or at meeting which final result is drawn up by the legal decision (article 18 of the Constitutional law "About the Government of the Republic of Kazakhstan", Items 8, 9 and 11 Regulations of the Government) signed by the chairman.

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