NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2009 No. 6

About official interpretation of regulations of article 4 of the Constitution of the Republic of Kazakhstan in relation to procedure for execution of decisions of the international organizations and their bodies

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Rogov I. I., members of council of Bakhtybayev I. Zh., Belorukov N. V., Zhailganova A. N., Malinovsky V. A., Nurmagambetova A. M., Stamkulov U. M., with participation:

the representative of the subject of the address - the Vice-Minister of Justice of the Republic of Kazakhstan Beketayev M. B.,

representative of the Senate of parliament of the Republic Kazakhstanpredsedatelya Komiteta by the legislation and legal issues of the Senate of parliament of the Republic of Kazakhstan Imashev B. M.,

the representative of the Majilis of parliament of the Republic of Kazakhstan - the deputy of the Majilis of parliament of the Republic of Kazakhstan Temirbulatov S. G.,

the representative of the Supreme Court of the Republic of Kazakhstan - the judge of the Supreme Court of the Republic of Kazakhstan Baishev Zh. N.,

representative of the Prosecutor General's Office of the Republic Kazakhstanzamestitelya of the Attorney-General of the Republic of Kazakhstan Daulbayev A. K.,

representative of the Ministry of Finance of the Republic of the Kazakhstanvitse-Minister of Finance of the Republic of Kazakhstan Dalenov R. E.,

representative of the Ministry of Foreign Affairs of the Republic Kazakhstandirektora Departamenta of the Commonwealth of Independent States of the Ministry of Foreign Affairs of the Republic of Kazakhstan Urazayev T. B.,

the representative of the Secretariat of the Commission of custom union of Eurasian economic community - the director of legal department of the Secretariat of the Commission of custom union of Eurasian economic community Slyusar N. B.,

considered the address of the Prime Minister of the Republic of Kazakhstan Masimov K. K. in open session. about official interpretation (regulations of article 4 of the Constitution of the Republic of Kazakhstan regarding distribution of the priority of the international treaties ratified by the Republic established by this regulation before its laws and spontaneities of their application on decisions of the international organizations and their bodies formed according to such agreements).

Having heard the message of the speaker - the member of the Constitutional Council Malinovsky V. A., performances of participants of meeting and experts: doctor of jurisprudence, professor Abaydeldinov E. M. and doctor of jurisprudence, professor Sarsembayev M. A., having studied the conclusions: experts of the European Commission for democracy through the right (The Venetian commission) of the Council of Europe Nyusberger A. and Tancheva E.; Deputy Secretary general of Integration committee of Eurasian economic community Glazyev S. Yu.; doctor of jurisprudence, professor Sergevnin S. L. (Russian Federation); Research institution of the financial and tax law of the Republic of Kazakhstan (Candidate of Law Sciences of gunpowder E. Century), University of D. A. Kunayev (doctor of jurisprudence, professor Kopabayev O. K., Candidate of Law Sciences Zhaylin G. A.), other materials of the constitutional production, 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 arrived on October 7, 2009 (regulations of article 4 of the Constitution of the Republic of Kazakhstan regarding distribution of the priority of the international treaties ratified by the republic established by this regulation before its laws and spontaneities of their application on decisions of the international organizations and their bodies formed according to such agreements). Consideration by the government of the Republic of question of realization method in the territories of the State Parties of the Agreement on the Commission of custom union of October 6, 2007 (further - the Agreement) the decisions of the Commission of custom union (further - the Commission) having according to article 7 of the Agreement binding character for the Parties was the cause for the address.

Having analyzed regulations of Article 4 of the Fundamental Law in total with other provisions and regulations of the Constitution of the Republic of Kazakhstan in relation to subject of the address, the Constitutional Council proceeds from the following.

1. The Republic of Kazakhstan is the independent state and the independent subject of the international relations, performs for the benefit of the people of Kazakhstan policy of cooperation and good-neighbourhood with other states on the basis of the Constitution and according to international treaties and the laws of the Republic of Kazakhstan. At the same time sovereignty of Kazakhstan extends to the international relations which participant is the Republic of Kazakhstan, and (the general provisions provided in the Constitution, the principles and regulations relating to bases of sovereignty, independence and the constitutional system of the Republic (Article 1-5, 10-12, 34, of 36, 39 and others), are provided and protected first of all by the Constitution, and only then - the regulatory legal acts of smaller legal force which are based on it) (the resolution of the Constitutional Council of December 1, 2003 No. 12).

The interstate (intergovernmental) economic organizations are important form of cooperation of subjects of international law. During the modern period the role of decisions of such organizations as one of effective methods of regulation of the economic relations raises.

The commission created according to the Agreement on the Commission of custom union of October 6, 2007 ratified by the Law of the Republic of Kazakhstan of June 24, 2008 No. 45-IV (About ratification of the Agreement on the Commission of custom union), is body to which on voluntary interstate and contractual basis according to the principle of sovereign equality of the states competence on providing operating conditions and development of the Customs union on the principles of voluntary step-by-step transfer of the Commission of part of powers of state bodies of the Parties, ensuring mutual advantage and accounting of their national interests is transferred.

2. The constitution of the Republic of Kazakhstan does not contain the special regulation providing possibility of transfer of separate powers of state bodies of the country to the international organizations and their bodies. At the same time, the constitutional and international and acknowledged status of the Republic of Kazakhstan - the sovereign state which basis is made by its independence and independence in forming and implementation of domestic and foreign policy allows the Republic to make similar decisions with observance of provisions and regulations of the Fundamental Law.

This conclusion follows from the desire of the people of Kazakhstan proclaimed in preamble of the Constitution of the Republic to take the worthy place in the world community, and also regulations of Article 8 of the Fundamental Law on respect Kazakhstan of the principles and rules of international law, about carrying out policy of cooperation and good-neighbourhood between the states, their equalities and non-interference to internal affairs of each other.

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