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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of March 12, 1999 No. 3/2

About official interpretation of Item 7 of Article 61 and Item 1 of article 28 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 chairman of the board Kim Yu. A., members of council of Akuyev N. I., Busurmanova Zh. D., Ikhsanov U. K., Mamonova V. V., Temirbulatov S. G. and Shopin V. D., with participation of deputies of Parliament of the Republic of Kazakhstan Vesnin V. N. and Ramazanov A. M., representatives of the Government of the Republic of Kazakhstan: Korzhova N. A. - Minister of Labour and Social Protection of the population of the Republic of Kazakhstan, Mukhamedzhanov B. A. - the Minister of Justice of the Republic of Kazakhstan, considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 7 of Article 61 and Item 1 of article 28 of the Constitution of the Republic of Kazakhstan.

Having heard the message of the speaker - the member of the Constitutional Council Ikhsanov U. K., speeches of deputies Vesnin V. N. and Ramazanov A. M., the subjects of the address representing the interests - groups of deputies of Parliament of the Republic of Kazakhstan in number of 31 people, representatives of the Government of the Republic of Kazakhstan Korzhova N. A. and Mukhamedzhanova B. A., having studied materials of the constitutional production, the Constitutional Council established:

The group of deputies of Parliament of the Republic of Kazakhstan in number of 31 persons (more one fifth part from total number of deputies of Parliament) appealed on February 22, 1999 to the Constitutional Council about official interpretation of the following regulations of the Constitution of the Republic of Kazakhstan: Item 7 of Article 61 and Item 1 of Article 28 regarding the rights of citizens to social security in case of disease. The request in case of official interpretation of Item 7 of article 61 of the Constitution is expressed in the address to light on the following questions:

1. "If not approved Parliament brought by the Government the bill is the bill on the republican budget for the corresponding year (the project of changes and amendments in the republican budget) which is introduced along with several (let - ten) the related projectible laws, part from which is not accepted or accepted by Parliament with changes which require the corresponding adjustment of the budget. Whether the Prime Minister has the right to put the question of confidence to the Government in connection with rejection of several bills, including bills of the budget? Or he has the right to put the question of confidence only on one of the introduced bills? Whether Item 7 of article 61 of the Constitution allows to put the question of confidence to the Government directly under two unaccepted bills at the same time (but once a year)?

2. If the question of confidence to the Government only in connection with rejection of the bill "About the Republican Budget" is raised, and vote in Parliament on vote will not gather the poll determined by the Constitution whether then the bill "About the Republican Budget" without vote can be deemed accepted? It will contradict at the same time current laws, modification of which Parliament are not accepted. Theoretically budget regulations at the same time can contradict also the Constitution of the Republic. Or these rejected bills will also be considered as Parliament (adopted with changes of chambers of Parliament) accepted without vote? That at the same time initially: the adopted budget shall correspond to the current legislation (including Constitutions) or the legislation shall "adapt" to the budget? If nevertheless initially current legislation, and the budget correspond to it whether the Prime Minister has the right to put the question of confidence to the Government in connection with rejection of the bill on the budget in cases when it contradicts number of legal acts?"

The address to parts of interpretation of Item 1 of article 28 of the Constitution originally was followed by questions: "... whether will correspond to the constitutional provision "to the citizen of the Republic of Kazakhstan it is guaranteed... social security... in case of disease" the regulation offered in the bill "About Modification and Amendments in the Labor Code of the Kazakh SSR" "to Workers... at the expense of means of the employer the social benefit on temporary disability is provided"?... Whether afterwards such legal acts will be cancelled or acknowledged not subject to application based on Item 2 of Article 74 as the infringing rights and freedoms of man and citizen affirmed by the Constitution?"

Afterwards (on February 26, 1999) subjects of the appeal to the Constitutional Council provided other formulation of question to development of request for official interpretation of Item 1 of article 28 of the Constitution regarding the rights of citizens to social security in case of disease: "In particular, whether will correspond to the constitutional provision "to the citizen of the Republic of Kazakhstan it is guaranteed... social security... in case of disease" such regulation as "to Workers... at the expense of means of the employer the social benefit on temporary disability is represented"?

In case of official interpretation of the constitutional regulations called above, taking into account the specific questions raised in the address, the Constitutional Council proceeds from the following.

1. Item 7 of article 61 of the Constitution about which official interpretation the question in the considered address of group of deputies of Parliament of the republic is put says: "Due to the rejection of the bill introduced by the Government, the Prime Minister has the right to raise on joint sitting of chambers of Parliament the question of confidence to the Government. Vote is on this matter taken not earlier than in forty eight hours from the moment of formulation of the question about trust. If the offer on non-confidence vote does not gather the necessary poll determined by the Constitution, the bill is deemed accepted without vote. However the Government cannot have this right more than two times a year".

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