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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 1995 No. 2737

About the Constitutional Council of the Republic of Kazakhstan

(The last edition from 22-12-2017)

Chapter I. General provisions

Article 1. Status of the Constitutional Council

The constitutional Council as the state body providing rule of the Constitution of the Republic of Kazakhstan in all territory of the republic:

1) when implementing the powers it is independent and independent of state bodies, the organizations, officials and citizens, submits only to the Constitution of the republic and cannot proceed from political and other motives;

2) performs the powers, being guided by the Constitution of the republic and this Constitutional law, abstaining from establishment and research of other questions in all cases when it enters competence of the courts or other state bodies.

Article 2. Structure of the Constitutional Council

The constitutional Council consists of seven members, including the Chairman of the Constitutional Council. Besides, life members of the Constitutional Council are by right ex-presidents of the republic.

Article 3. Procedure for forming of the Constitutional Council

1. The chairman of the Constitutional Council is appointed to position and dismissed by the President of the republic.

2. Two members of the Constitutional Council are appointed to position by the President of the Republic, on two members of the Constitutional Council are appointed on representation of chairmen of Chambers of Parliament respectively by the Senate and the Majilis of Parliament. Half of members of the Constitutional Council is updated each three years.

Article 4. Requirements imposed to alternate members of the Constitutional Council

1. In structure of the Constitutional Council the citizen of the republic not younger thirty years, the higher legal education, the length of service living in the territory of the republic, having on legal specialty at least five years can be appointed.

2. The requirements established in Item 1 of this Article do not extend to ex-presidents of the republic.

Article 5. Term of office of members of the Constitutional Council

1. Powers of the Chairman and members of the Constitutional Council last six years.

2. In case of disposal or the expiration of continuance in office the Chairman and members of the Constitutional Council are replaced according to the procedure, established by the Constitution and this Constitutional law.

3. Positions of Chairmen and members of the Constitutional Council are replaced within a month from the date of disposal or the expiration of stay of persons in these positions.

4. If the term of office of the Chairman or members of the Constitutional Council expires during consideration with their participation of the question which is in production of the Constitutional Council, then their powers remain before pronouncement of the final decision.

Article 6. Oath of the Chairman and members of the Constitutional Council

The chairman and members of the Constitutional Council after the appointment take the oath of the following content: "Solemnly I swear honesty to carry out the obligations of the Chairman (member) of the Constitutional Council of the Republic of Kazakhstan assigned to me, to be impartial and to submit only to the Constitution of the Republic of Kazakhstan, nobody and nothing except it.".

The oath of the Chairman and members of the Constitutional Council is accepted according to the procedure, determined by the President of the Republic of Kazakhstan.

Article 7. Meetings of the Constitutional Council

1. The meeting of the Constitutional Council is competent if at it there are at least two thirds of structure of the Constitutional Council.

2. Meetings of the Constitutional Council are convened as required by the Chairman of the Constitutional Council, and in case of its absence - the member of the Constitutional Council, the acting as the Chairman of the Constitutional Council for its authorization.

Article 8. Constitutional production

Consideration and decision making on the questions which are within the competence of the Constitutional Council is performed according to the procedure of the constitutional production established by the Constitution and this Constitutional law.

Article 9. Legislation on the Constitutional Council

1. The status, competence, the organization and procedure for activities of the Constitutional Council are determined by the Constitution of the republic and this Constitutional law.

2. Concerning the organization and procedure for the activities, not settled Constitution and this Constitutional law, the Constitutional Council accepts regulations of the Constitutional Council.

Chapter II. Status of the Chairman and members of the Constitutional Council of the republic

Article 10. Chairman and members of the Constitutional Council as officials of the state

1. The chairman and members of the Constitutional Council are officials of the state whose status is determined by the Constitution and this Constitutional law, and also regulatory legal acts about public service in the part which is not settled by the Constitution and this Constitutional law.

2. Positions of the Chairman and the member of the Constitutional Council are not compatible to the deputy mandate, occupation of other paid positions, except teaching, scientific or other creative activities, implementation of business activity, entry into structure of governing body or the supervisory board in the commercial organization.

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