RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 1998 No. 13/2

About official interpretation of the subitem 1) Article 53 and Item 1 of article 91 of the Constitution of the Republic of Kazakhstan regarding the regulations concerning entering by Parliament of the Republic of Kazakhstan of changes and amendments into the Constitution

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Kim Yu. A., members of council Busurmanov Zh. D., Ikhsanov U. K., Mamonova V. V., Temirbulatov S. G., Shopin V. D. considered in open session based on the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan and the subitem 1) of Item 3 of Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" the address of the Chairman of the Majilis of parliament of the Republic of Kazakhstan Ospanov M. T. about official interpretation of the subitem 1) Article 53 and Item 1 of article 91 of the Constitution of the Republic of Kazakhstan. Having studied materials according to the address, having heard the message of the speaker - the member of council Mamonov V. V., the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Majilis of parliament of the Republic of Kazakhstan Ospanov M. T. arrived on November 19, 1998. about official interpretation of the subitem 1) Article 53 and Item 1 of article 91 of the Constitution of the Republic of Kazakhstan regarding the regulations concerning procedure for modification and amendments in the Constitution of the Republic of Kazakhstan. At the same time in the address the question of compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan of October 7, 1998 "About modification and amendments in the Constitution of the Republic of Kazakhstan" is put.

In the analysis of contents of the subitem 1) of article 53 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.

In the subitem 1) of article 53 of the Constitution one of the most important competences of the Parliament of the Republic of Kazakhstan connected with accomplishment of its main function as legislature is established. By the specified regulation it is fixed that the Parliament on joint sitting of chambers "according to the proposal of the President of the Republic of Kazakhstan makes changes and additions to the Constitution of the Republic of Kazakhstan...". Follows from sense of the given regulation of the Constitution that the Parliament is competent to make changes and additions to the Fundamental Law. According to article 3 of the Constitution the Parliament as legislature shall perform the functions within its constitutional powers. The competence of Parliament connected with procedure for modification and amendments in the Constitution is limited to Item 2 of article 91 of the Constitution." Therefore, Parliament of the Republic of Kazakhstan, except for the questions specified in Item 2 of article 91 of the Constitution having the right to make to it changes and additions.

Item 1 of article 91 of the Constitution regulates procedure for change of the existing Constitution, determines circle of subjects of the constitutional initiative which grants the right to put question of modification or amendments in the Constitution of the Republic of Kazakhstan.

According to Item 1 of article 91 of the Constitution "changes and additions can be made to the Constitution of the Republic of Kazakhstan by the republican referendum held according to the decision of the President of the Republic of Kazakhstan, accepted by it on own initiative, to the offer of Parliament or Government. The project of changes and amendments in the Constitution is not submitted for republican referendum if the President decides to submit to it Parliament. The decision of Parliament is made in this case according to the procedure, established by the Constitution...".

Follows from sense of the given regulation that the right to put question of modification and amendments in the Constitution belongs to the President, Parliament and the Government of the Republic of Kazakhstan. The President of the republic by means of pronouncement of the bill at republican referendum or at consideration of Parliament can realize it.

The project of changes and amendments in the Constitution is not submitted for republican referendum if the President decides to submit to it to Parliament. The decision of Parliament is made in this case with observance of the requirements established Articles 5357by -, 62 and 91 Constitutions of the Republic of Kazakhstan.

In case of variation the President of offers of Parliament on pronouncement of the project of changes and amendments in the Constitution on republican referendum the Parliament has the right the majority at least four fifth voices from total number of deputies of each of chambers of Parliament to adopt the law. In this case the President of the Republic of Kazakhstan signs this law or can submit it for republican referendum.

The question of compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan of October 7, 1998 "About modification and amendments in the Constitution of the Republic of Kazakhstan" can be considered by the Constitutional Council only according to the procedure, stipulated in Clause 78 Constitutions of the Republic of Kazakhstan.

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