On 21 June, a joint meeting of the Chambers of the Parliament of the Republic of Kazakhstan took place, during which the Address of the Constitutional Council of the Republic of Kazakhstan "On the state of constitutional legality in the Republic of Kazakhstan" was announced.
This document summarises the practice of constitutional proceedings, assesses the state of implementation of constitutional norms in the current legislation and the practice of its application, the implementation of decisions of the Constitutional Council, examines the issues of observance and protection of constitutional rights and freedoms of citizens.
The Address also noted the role of the Astana International Financial Centre. In particular, it was said: “One of the significant changes made to the Constitution of Kazakhstan in 2017 is the addition of Article 2 with paragraph 3-1 stating that within the city of Nur-Sultan, a special legal regime in the financial sphere may be established under constitutional law. The Constitutional Council in its normative resolution of 9 March 2017 confirmed that it conforms with the norms of the Basic Law. The measures taken in pursuance of this constitutional amendment show that the Astana International Financial Centre is becoming an effective platform for attracting investments, increasing business activity and economic growth of the country".
Reference:
The Astana International Financial Centre was created by the initiative of the First President of the Republic of Kazakhstan, Leader of the Nation, Nur-Sultan Nazarbayev as part of the “100 steps to implement five institutional reforms” national program. The Centre’s development strategy until 2025 was approved by the Management council of the AIFC during the council’s meeting on July 2, 2020. In accordance with the strategy, the vision of AIFC is in becoming the leading financial centre in the region that includes Central Asia, the Caucasus, EAEU countries, western China, Mongolia, and Eastern Europe. https://aifc.kz/
The Constitutional Council of the Republic of Kazakhstan is a state body which provides for the supremacy of the Constitution of the Republic of Kazakhstan in the entire territory of the Republic and:
1) is independent and separate from state bodies, organisations, official persons and citizens, and subordinates only to the Constitution of the Republic of Kazakhstan and may not use political or any other motives when exercising its powers;
2) exercises its powers, guided by the Constitution of the Republic of Kazakhstan and the Constitutional Law, abstaining from establishing and examining any other issues in any other cases when those are under the jurisdiction of the Courts or any other state bodies.
The Constitutional Council consists of seven members. The Chairman and two members of the Constitutional Council are appointed by the President of the Republic, two members are appointed by the Senate, and two more members are appointed by Mazhilis of the Parliament for a period of six years.
According to paragraph 1 of Article 71 of the Constitution of the Republic of Kazakhstan, the First President of the Republic of Kazakhstan - Elbasy Nazarbayev Nursultan Abishevich is a life member of the Constitutional Council.
In accordance with Article 72 of the Constitution, the Constitutional Council considers laws adopted by the Parliament for compliance with the Constitution before they are signed by the President, as well as international treaties of the Republic before ratification; gives an official interpretation of constitutional norms; decides in the event of a dispute the question of correctness of the election conduct of the President of the Republic, members of the Parliament and the conduct of a republican referendum; gives an opinion in cases of consideration by the Parliament of issues on early dismissal of the President of the Republic due to illness and dismissal from office; considers resolutions of the Parliament and its Chambers for compliance with the Constitution.
In addition, the constitutional reform of 2017 provided the following additional functions:
- consideration of the appeal of the President of the Republic on the verification of the constitutionality of a law or another legal act that has entered into force in the interests of protecting human and civil rights and freedoms, ensuring national security, sovereignty and integrity of the state;
- giving an opinion on the compliance of amendments and additions to the Constitution with the requirements established by paragraph 2 of Article 91 of the Basic Law, prior to their submission to a republican referendum or for consideration by the Parliament.
An important decision of the Constitutional Council is the annually sent addresses to the Parliament of the Republic on the state of constitutional legality in the country. In them, the Constitutional Council analyses the state of legislation, the level of protection of constitutional rights and freedoms of citizens, as well as the execution of its final decisions.
Constitutional proceedings can be initiated at the request of the President of the Republic of Kazakhstan, the Chairmen of the Chambers of Parliament, at least one fifth of the total number of members of Parliament, the Prime Minister and courts. https://ksrk.gov.kz
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