RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of October 15, 1997 No. 17/2

About official interpretation of articles 53-57 of the Constitution of the Republic of Kazakhstan establishing powers of Parliament and its chambers

The constitutional Council of the Republic of Kazakhstan as a part of the chairman of the Constitutional Council Kim Yu. A., members of the Constitutional Council of Akuyev N. I., Mamonova V. V., Sabikenov S. N., Temirbulatov S. G. and Shopin V. D. considered in open session on October 15, 1997 the address of the Chairman of the Majilis of parliament of the Republic of Kazakhstan Ospanov M. T. about official interpretation of articles 53-57 of the Constitution of the Republic of Kazakhstan establishing powers of Parliament and its chambers.

Participated in meeting: representative of the subject of the address Elekeev I. K. - member of the committee on the legislation and judicial and legal reform, deputy of the Majilis of parliament of the Republic of Kazakhstan; representatives of the Senate of parliament Kotov A. K. - secretary of Committee on the legislation and judicial and legal reform, deputy of the Senate of parliament of the Republic of Kazakhstan; Mautenbayeva K. A. - consultant of department of the legislation of the Office of the Senate of parliament; specialist Zimanov S.Z.akademik of National academy of Sciences of the Republic of Kazakhstan.

Having heard the message of the speaker of the member of the Constitutional Council Akuyev N. I., Elekeev I. K. performances., Kotova A. K. and Mautenbayeva K. A., conclusion of the academician Zimanov of Page Z. and 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 Chairman of the Majilis of parliament of the Republic of Kazakhstan Ospanov M. T. arrived on September 29, 1997. about official interpretation of articles 53-57 of the Constitution of the Republic of Kazakhstan establishing powers of Parliament and its chambers. In the address the question of opportunity or impossibility of expansion of powers of Parliament, and also investment of Parliament with function on interpretation of the laws of the republic, including constitutional is put. Reason for the appeal to the Constitutional Council were results of discussion at the plenary session of the Majilis of parliament of the bill of the Republic of Kazakhstan "About regulatory legal acts" during which there was question of the subject of official interpretation of regulations, including the laws of the republic.

The constitutional Council by consideration of this address proceeds from the following. Article 53-57 of the Constitution of the Republic of Kazakhstan fix the powers of Parliament performed on joint and separate sittings of chambers and also special powers of the Senate and Majilis of parliament. At the same time the Parliament on joint sitting of chambers performs also other powers assigned to it by the Constitution.

The specified constitutional provision is enshrined also in Article 5 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About Parliament of the Republic of Kazakhstan and the status of his deputies". According to this regulation competence of Parliament of joint and separate meetings of the Senate and the Majilis, exclusive competence of chambers are established by the Constitution of the republic and are implemented at the sessions of Parliament and in activities of its chambers.

Therefore, the Constitution of the Republic of Kazakhstan establishes the exhaustive list of powers of Parliament and does not provide scope change of powers of Parliament by adoption of the regular or constitutional law. The procedure of expansion or narrowing of powers of Parliament is possible only by modification, amendments or amendments to the Fundamental Law of the republic according to the procedure, stipulated in Item 1 article 91 of the Constitution of the Republic of Kazakhstan.

The constitution of the Republic of Kazakhstan does not provide investment of Parliament with the right of official interpretation of the laws, including constitutional. Therefore the Presidential decree of the Republic of Kazakhstan which is valid the constitutional law "About Parliament of the Republic of Kazakhstan and the status of his deputies" does not contain similar regulation.

Based on stated, being guided by the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, Articles 33, of 37, 38 Presidential decrees of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", according to the procedure of official interpretation of articles 53-57 of the Constitution of the Republic of Kazakhstan the Constitutional Council decides:

1. Articles 53, of 54, of 55, 56 and 57 Constitutions of the Republic of Kazakhstan establish the exhaustive list of powers of Parliament and its chambers. Expansion of powers of Parliament and its chambers, including investment of Parliament with the right of official interpretation of the laws, is possible only by introduction of amendments to the Constitution of the Republic of Kazakhstan according to the procedure, stipulated in Item 1 article 91 of the Constitution.

2. According to Item 3 of article 74 of the Constitution of the Republic of Kazakhstan this resolution becomes effective from the date of its acceptance, is obligatory in all territory of the republic, final and to appeal is not subject taking into account the cases provided by Items 2 and 3 of Article 38 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan".

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