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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2015 No. 2

About official interpretation of Item 3-1 of article 41 of the Constitution of the Republic of Kazakhstan

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 deputy of the Senate of Parliament of the Republic of Kazakhstan Kim G. V.,

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 deputy minister of justice of the Republic of Kazakhstan Baymoldina Z. H.,

the representative of the Supreme Court of the Republic of Kazakhstan - the chairman of supervising judicial board on criminal cases of the Supreme Court of the Republic of Kazakhstan Kasimov A. A.,

the representative of the Prosecutor General's Office of the Republic of Kazakhstan - the deputy attorney general of the Republic of Kazakhstan Kravchenko A. N.,

the representative of Central Election Commission of the Republic of Kazakhstan - the member of Central Election Commission of the Republic of Kazakhstan Sarsembayev M. A.,

the representative of the Commissioner for Human Rights in the Republic of Kazakhstan - the head of the National center for human rights of Kalyuzhny V. A.,

president of Republican public association "Lawyers for fair elections" Kopabayev O. K.

considered the address of the chairman of the Senate of Parliament of the Republic of Kazakhstan Tokayev K. K. in open session. about official interpretation of Item 3-1 of article 41 of the Constitution of the Republic of Kazakhstan.

Having heard the message of the speaker - the member of the Constitutional Council of the Republic of Kazakhstan Belorukov N. V., performance of participants of meeting, having analyzed expert opinions: Abaydeldinova E. M. is doctors of jurisprudence, professor of department of international law of law department of Eurasian national university of L. N. Gumilev; Aytkhozhina K. K. - doctors of jurisprudence, professor of department of the constitutional and international law of Humanities university of transport and the right of D. A. Kunayev; Busurmanova Zh. D. is doctors of jurisprudence, professor of department of the theory and history of state and law, constitutional right of law department of Eurasian national university of L. N. Gumilev; Udartseva S. F. - directors of Research institution of legal policy and the constitutional legislation of the Kazakh humanitarian and legal university, the doctor of jurisprudence, professor, having got acquainted with other materials of the constitutional production, having studied the legislation and practice of number of foreign countries, 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 Senate of Parliament of the Republic of Kazakhstan about official interpretation of Item 3-1 of article 41 of the Constitution of the Republic of Kazakhstan arrived on February 19, 2015.

When giving interpretation of this constitutional regulation the subject of the address asks to answer the following questions:

"1. Whether the regulation of Item 3-1 of article 41 of the Constitution of the Republic of Kazakhstan contains the unconditional right of the President of the Republic of Kazakhstan to appoint early presidential elections?

2. Whether the Constitution of the Republic of Kazakhstan provides any conditions and restrictions in case of adoption by the Head of state of the decision on purpose of early presidential elections?".

Having analyzed regulations of the Fundamental law in relation to subject of the address, the Constitutional Council proceeds from the following:

1. In the Republic of Kazakhstan the single source of the government are the people which perform the power directly through republican referendum and free elections, and also delegate implementation of the power to state bodies. The right to act on behalf of the people and the state belongs to the President, and also Parliament of the Republic within its constitutional powers (Items 1-3 of article 3 of the Constitution).

These constitutional provisions pledge the political and legal beginnings of complete system of democracy for the subsequent fixing and regulation in the Fundamental law of the relations of direct and representative forms of democracy, the status of the citizen of the Republic of Kazakhstan, including its right to participate in administration of the state is direct also through the representatives, and also purposes, procedure for forming, functions, competence and responsibility of the highest state authorities of the Republic, their relations in the mechanism of controls and counterbalances.

The president of the Republic acts as the exclusive personified highest representative of the people of Kazakhstan elected by full age citizens of the Republic on the basis of general, equal and direct suffrage in case of secret vote. Thereby election of the president of the Republic is form of investment with its sovereign power in the state. Following the results the Head of state receives the mandate on management of Kazakhstan, representation of the people and its interests within the country and in the international relations.

Being the Head of state, its management official, the President of the Republic determines the main directions of domestic and foreign policy of the state. The constitution of the Republic of Kazakhstan fixes the status of in public elected President as symbol and the guarantor of unity of the people and the government, firmness of the Constitution, rights and freedoms of man and citizen, assigns to it obligation of ensuring the approved functioning of all branches of the government and responsibility of authorities to the people (Article 40).

Decisions and actions of the President of the Republic, including appointment and holding early presidential elections, shall be directed to goal achievement and ensuring the values formulated in the Preamble and the Section I "General provisions", and also other provisions and regulations of the Constitution. Among them the fundamental principles of activities of the Republic - public consent and political stability, economic development to the benefit of all people, the Kazakhstan patriotism, the solution of the most important issues of the state life by democratic methods, including vote on republican referendum or in Parliament (Item 2 of Article 1).

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