RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of May 16, 1997 No. 11/2

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

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman of the Constitutional Council Kim Yu. A. and members of the Constitutional Council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Sabikenov S. N., Temirbulatov S. G., Shopin V. D. considered in open session on May 16, 1997 the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan O. Baygeldi 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.

Participated in meeting: representatives of the subject of the address Kotov A. K. - secretary of Committee on the legislation and judicial and legal reform of the Senate of Parliament, Mukhamedzhanov E. B. - head of department of the legislation of the Office of the Senate of Parliament; Mukhamedzhanov B. A. the head of department concerning the legislation and judicial system of Administration of the President of the Republic of Kazakhstan; Baliyeva Z. Ya. chairman of Central Election Commission of the Republic of Kazakhstan, Kuleshova E. V. - secretary of Central Election Commission of the Republic of Kazakhstan.

Having heard messages of speakers - members of the Constitutional Council of Akuyev N. I. and Sabikenova S. N., Kotov A. K. performances., Mukhamedzhanova E. B., Baliyeva Z. Ya., Mukhamedzhanova B. A. and having studied the available materials, the Constitutional Council established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan O. Baygeldi about official interpretation of Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan in the part concerning early termination of powers of deputies of the Senate of Parliament arrived on April 30, 1997. This address is accepted the resolution of the Constitutional Council of May 4, 1997 to the constitutional production.

In the considered address the question is put: Whether "Change of the administrativnoterritorialny device of the Republic is the basis for early termination of powers of deputies of the Senate?" On the basis of the analysis of the Constitution of the Republic of Kazakhstan and the legislation corresponding to it on case in point the Constitutional Council in case of interpretation of the specified constitutional regulations proceeds from the following.

Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan contain list of the circumstances which are the basis of the termination of powers of the deputy of Parliament:

- combination by the deputy of obligations of the deputy of Parliament with obligations of the deputy in other representative body;

- combination of obligations of the deputy of Parliament with occupation of other paid position, except teaching, scientific or other creative activities, and also with implementation of business activity, entry into structure of governing body or the supervisory board of the commercial organization;

- giving in resignation;

- recognition of the deputy incapacitated;

- dissolution of Parliament;

- the introduction in legal force of conviction of court against the deputy of Parliament;

- departure on the permanent residence out of limits of the Republic of Kazakhstan.

In Item 5 of article 52 of the Constitution of the Republic of Kazakhstan it is determined that powers of the deputy of Parliament stop also in "... other cases provided by the Constitution". The expiration of powers of Parliament belongs to these cases, in particular, (Article 49, Item 2).

The constitution of the Republic of Kazakhstan does not contain such basis for early termination of powers of deputies of the Senate of Parliament as change of the administrative-territorial device of the Republic.

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 Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan the Constitutional Council decides:

1. The constitution of the Republic of Kazakhstan establishes the list of the bases of the termination of powers of deputies of Parliament. Change of the administrative-territorial device of the Republic is not the basis for early termination of powers of deputies of the Senate of Parliament of the Republic of Kazakhstan.

2. According to Item 3 of article 74 of the Constitution of the Republic of Kazakhstan the 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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