Constitutional Council announces decision on Presidential appeal
As reported previously, the Head of State in his address asks to respond to the following question:
"Whether the list of grounds for early termination of powers of the President of the Republic of Kazakhstan, set forth by paragraph 3, article 42
of the Constitution of the Republic of Kazakhstan exhaustive?"
The Сonstitutional Council explained that this provision of the Constitution does not contain a full list of grounds for early termination of powers of the President of the Republic.
According to the Council, the right of the Head of State to resign derives from Basic Law. This right is an element of presidential form of government and constitutional status of the President. It belongs to the President both as a person and as a citizen of Kazakhstan, and derives from other provisions of the Constitution, which enshrine constitutional rights of each individual, in particular, freedom to work, free choice of occupation and profession (paragraph 1, article 13, paragraph 1, article 24, etc.).
The Constitutional Council is of the opinion that the phrase in paragraph 3, article 42 of the Constitution «...as well as in the case of early discharge of the President from office...» also covers the resignation of the Head of State as a basis for early termination of his/her powers.
The full text of normative decree is published in the press.