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ADDITIONAL RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of May 16, 2013 No. 2

About interpretation of the Normative resolution of the Constitutional Council of the Republic of Kazakhstan of October 15, 2008 No. 8 "About official interpretation of Article 54, subitems 1) and 3) Item 3 of Article 61, and also some other regulations of the Constitution of the Republic of Kazakhstan concerning the organization of public administration"

(as amended on 17-04-2017)

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., Stamkulova U. M. with participation:

the representative of the subject of the petition - the deputy of the Senate of Parliament of the Republic of Kazakhstan, the chairman of Committee on the constitutional legislation, judicial system and law enforcement agencies of the Senate of Parliament of the Republic of Kazakhstan S.B.'s Akylbaya,

the representative of the Majilis of Parliament of the Republic of Kazakhstan - the deputy of the Majilis of Parliament of the Republic of Kazakhstan Sarpekov R. K.,

the representative of the Government of the Republic of Kazakhstan - the responsible secretary of the Ministry of Justice of the Republic of Kazakhstan Beketayev M. B.,

the representative of the Supreme Court of the Republic of Kazakhstan - the judge of the Supreme Court of the Republic of Kazakhstan of JSC-kuovoy G. B.,

the representative of the Prosecutor General's Office of the Republic of Kazakhstan - the deputy attorney general of the Republic of Kazakhstan Asanov Zh. K.,

the representative of the Agency of the Republic of Kazakhstan for the state sluzhbyzamestitel of the chairman of the Agency of the Republic of Kazakhstan for public service Komekbayev A. A.,

the representative of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) - the chief of staff of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) Temirbulatov S. G.,

representative of the Commissioner for Human Rights in the Republic Kazakhstanrukovoditelya of the National center for human rights of Kalyuzhny VA.

considered in open session the petition of the Chairman of the Senate of Parliament of the Republic of Kazakhstan for interpretation of the Normative resolution of the Constitutional Council of the Republic of Kazakhstan of October 15, 2008 No. 8 "About official interpretation of Article 54, of subitems 1) and 3) of Item 3 of Article 61, and also some other regulations of the Constitution of the Republic of Kazakhstan concerning the organization of public administration".

Having heard the message of the speaker - the member of the Constitutional Council of the Republic of Kazakhstan Malinovsky V. A., performances of participants of meeting, having studied expert opinions - the doctor of jurisprudence, professor of department of the theory and history of state and law, the constitutional and administrative law of law department of Al-Farabi Kazakh National University Baymakhanova D. M.; doctor of jurisprudence, professor, head of the department of the theory and history of state and law, constitutional right of law department of Eurasian national university of name L.N. Gumileva of Busurmanov Zh. D.; doctor of jurisprudence, professor of the Caspian public university Porokhov E. V.; opinions of specialists of Al-Farabi Kazakh National University (director of Institute of the state and right, Candidate of Law Sciences, associate professor Salimgerey A. A., research associate of Institute of the state and right, doctor of PhD Bitabarova Zh. O.); Karaganda state university of name E.A. Buketova (rector of university, doctor of jurisprudence, professor Kubeev E. K., Candidate of Law Sciences, professor Kakimova M. Sh., Candidate of Law Sciences, professor Musalimova K. S., Candidate of Law Sciences, associate professor Turlayev A. V.); Institute of the public and local authority of the Regional center of retraining and advanced training on the city of Almaty and Almaty region (the rector of institute, Candidate of Law Sciences, professor Toktybekov A. A.), Academies of public administration in case of the President of the Republic of Kazakhstan, and also with other materials of the constitutional production, the Constitutional Council of the Republic of Kazakhstan

established:

According to the subitem 1) of Item 1 of article 35 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 No. 2737 "About the Constitutional Council of the Republic of Kazakhstan" addressed on April 17, 2013 to the Constitutional Council the Chairman of the Senate of Parliament of the Republic of Kazakhstan Mami K. A. with the petition for interpretation of the Normative resolution of the Constitutional Council of the Republic of Kazakhstan of October 15, 2008 No. 8 "About official interpretation of Article 54, subitems 1) and 3) Item 3 of Article 61, and also some other regulations of the Constitution of the Republic of Kazakhstan concerning the organization of public administration" (further - the Normative resolution of the Constitutional Council of October 15, 2008 No. 8).

Reason for the address were the questions which arose during consideration by Parliament of the Republic of Kazakhstan of the bill "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan concerning Fixing of Competence of State Bodies at the Legislative and (or) Subordinate Levels". According to this bill part of functions of state bodies is excluded from the sphere of legislative regulation.

The bill No. 8, according to which is developed by the Government of the Republic of Kazakhstan in pursuance of the Normative resolution of the Constitutional Council of October 15, 2008 competence of state bodies is established not only by the Constitution, the constitutional laws and the laws of the Republic, but also bylaws.

The chairman of the Senate of Parliament of the Republic of Kazakhstan asks in case of interpretation of the Normative resolution No. 8, Constitutional For suggestions from October 15, 2008, to answer the following questions:

"1. What it is necessary to understand as "bases of the organization and activities of state bodies" in the subitem 3) of Item 3 of article 61 of the Constitution,

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