Constitutional Council Reports on Implementation of Constitution in Practice

June 21. MFA

Constitutional Council Reports on Implementation of Constitution in PracticeOn June 20, Chairman of Kazakhstan’s Constitutional Council Igor Rogov delivered the Council’s annual address “On the State of Constitutional Legality in the Republic of Kazakhstan” at a joint session of both chambers of Parliament. This year, the message was dedicated to the 20th anniversary of Kazakhstan’s independence.

Since 1991, the country has seen reforms virtually in all areas of the state and societal life, Rogov said. Particular attention is continuously paid to raising living standards and strengthening the statehood, the existing law, and the effective and open mechanism of authorities to ensure development of the individual, society, and government.

Since its inception, the Constitutional Council clarified the constitutional rules on the independence and sovereignty of the state, on the constitutional foundations of the statehood, on territorial integrity, inviolability of borders, and the inalienability of the territory, as well as on the unitary character of state, the presidential form of government, and other.

In addition to ensuring the rule of the Basic Law, the Constitutional Council monitors and evaluates the quality of the existing legislation. To this end, the Council continuously analyses the implementation of the Council’s regulatory decisions, as well as conclusions and recommendations contained in the annual address, by the state bodies, Rogov said.

According to the Constitutional Council, the state bodies have undertaken a number of measures to fulfil final decisions of the Constitutional Council, while Kazakhstan’s existing legislation has seen relevant amendments and additions.

In particular, authorities are taking measures to improve the quality of drafting legislations in the Kazakh language and the authenticity of texts in Kazakh and Russian. Thus, a Linguistic Centre was created under the Institute of Legislation.

Other measures include creation of equal conditions for the protection and restoration of property rights regardless of the form of the property. Also, the Government has consolidated the bases, the order of detention and the rights of persons in places of compulsory treatment and persons subjected to administrative arrest.

While highlighting the overall positive trend, Rogov, however, drew the attention of the Government and Parliament to the facts of non-performance or improper performance of the individual decisions of the Council.

Thus, he noted that the Law “On countering legalisation (laundering) of proceeds of crime and the financing of terrorism” has not been brought into compliance with the legal positions of the Constitutional Council.

In its regulatory decision, the Constitutional Council pointed out that decisions of international organisations and their bodies can be ratified by Kazakhstan in case the international treaty ratified by the state indicates the binding character of these decisions for Kazakhstan. This legal position of the Council has not yet been implemented, Rogov said.

Among other things, the Constitutional Council reiterated its recommendation for the government bodies on the importance of consolidating the list of restrictions on the rights and freedoms of individuals as well as the mechanism for their application.

Another recommendation concerns enhancing coordination of activities of participants of the legislative process, including through legislative regulation of the procedure for obtaining Government’s positive conclusion by the Parliament in the cases stipulated by the Constitution.

Rogov also called on the deputies to comply with legislative concepts of draft laws when introducing amendments.