RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 1999 No. 18/2

About official interpretation of Item 7 of Article 61 and subitem 7) article 53 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Kim Yu. A., members of council of Akuyev N. I., Busurmanova Zh. D., Esenzhanov A. E., Kotova A. K., Omarkhanova K. A. and 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan considered Shopin V. D. based on the subitem in open session with participation of the representative of the government of the republic of the Minister of Justice Mukhamedzhanov B. A. the address of the Prime Minister of the Republic of Kazakhstan about official interpretation of Item 7 of Article 61 and subitem 7) article 53 of the Constitution of the Republic of Kazakhstan.

Having heard speakers - members of the Constitutional Council Shopin V. D., Kotov A.K. and the representative of the subject of the address, having studied the available materials, 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 about official interpretation of Item 7 of Article 61 and subitem 7) of article 53 of the Constitution of the Republic of Kazakhstan arrived on September 27, 1999. In the address the following questions were raised:

1. What to understand as rejection by Parliament of the bill introduced by the government? Whether it is considered unaccepted if during the vote of the proposal of deputies on approval of the bill in the first reading or about its variation it is not gathered necessary poll?

2. What deadlines of consideration by Parliament of the question of confidence to the government raised by the Prime Minister if Item 7 of article 61 of the Constitution provides that vote is taken not earlier than in 48 hours from the moment of statement of the specified question?

3. What is understood as expression "the majority in two thirds of voices of total number of deputies of each of chambers expresses non-confidence vote to the government" in the subitem 7) of article 53 of the Constitution and as total number of deputies of the Senate is considered if according to the resolution of the Constitutional Council of 16.05.97 of N11/2 "About Official Interpretation of Items 3 and 5 of Article 52 of the Constitution of the Republic of Kazakhstan regarding Early Termination of Powers of Deputies of the Senate of Parliament" their powers are recognized valid, irrespective of change in the administrative-territorial device of the Republic of Kazakhstan?

In case of interpretation of Item 7 of article 61 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.

The procedure for acceptance by Parliament of the Republic of Kazakhstan on joint sitting of chambers of the drafts of the laws introduced by the government is established by Items 1, of the 5 and 7 article 62 of the Constitution. They are accepted by a majority vote from total number of deputies of chambers and Constitutions shall not contradict. At the same time the number of readings under the bills introduced by the government on joint sitting of chambers of Parliament the Constitution does not limit, but unambiguously assumes productive result of discussion of drafts of the laws on joint sitting of chambers of Parliament in the form of adoption of the relevant laws or their variation.

7) of article 53 of the Constitution regarding expression of non-confidence vote by Parliament to the government "the majority in two thirds of voices of total number of deputies of each of chambers" the Constitutional Council understands the subitem that the number of deputies of each of chambers established by the Constitution determines representativeness of Parliament and legitimacy of its decisions. Therefore it is necessary to understand as "total number of deputies of each of chambers" that for the Senate the numerical structure is stipulated in Item 2 articles 50 of the Constitution, that is on two persons from each area, the city of republican value and the capital of the republic and seven deputies who are appointed the President of the Republic of Kazakhstan. In the current Senate, according to the Constitution and the resolution of the Constitutional Council of the Republic of Kazakhstan of May 16, 1997 of N11/2 "About Official Interpretation of Items 3 and 5 of Article 52 of the Constitution of the Republic of Kazakhstan regarding Early Termination of Powers of Deputies of the Senate of Parliament", total number of deputies makes 42 deputies (39 deputies plus 3 deputies from five abolished areas; 2 deputies from the abolished areas stopped the powers according to Item 5 of article 52 of the Constitution).

For the Majilis the numerical structure is stipulated in Item 3 articles 50 of the Constitution of the republic in number of 77 deputies. Total number of deputies of the acting structure of the Majilis elected in December, 1995 according to Item 3 of article 50 of the Constitution of the republic in edition of August 30, 1995 shall be estimated proceeding from 67 deputy mandates.

Therefore, the concept "total number of deputies" of the Senate and Majilis of the operating Parliament is their constitutional chislosootvetstvenno 42 and 67.

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