Constitutional Council decides on President's appeal to amend Constitution
In its conclusion, the Constitutional Council noted that the submitted draft law was developed in accordance with the Message of the President of the Republic to the People of Kazakhstan «New Kazakhstan: the path of renewal and modernization».
According to the Council, the proposed measures are oriented towards a society that has entered a period of active transformation, and are designed to create a solid political and legal foundation for the ongoing reforms.
The structure of the modernized presidential form of government will ensure an optimal balance of power institutions and will contribute to the sustainable development of the country. The draft law clarifies the powers of the Head of State, strengthens the role of Parliament, maslikhats, which will be an important factor in the successful implementation of the concept of a «hearing state».
The Constitutional Council believes that a number of amendments and additions are aimed at reformatting the legislative (representative) branch of government. This will improve the institutional sustainability of a state with a strong parliamentary culture.
A positive evaluation was given to the new procedure for the formation of the Senate and the Majilis, the introduction of a mixed electoral system in the elections to the Majilis. The right of recall by voters of a deputy of the Majilis, elected in a single-mandate territorial electoral district, as well as innovations related to the legislative process: the submission of a law by Parliament to the President for signature; the establishing of the right of Senate to approve or not to approve the laws already adopted by Majilis; granting the Government the right to adopt temporary regulatory legal acts having the force of law in order to promptly respond to conditions that threaten constitutional values and other innovations respond to the requirements of transformation.
Parliamentary control over the quality of execution of the republican budget is being strengthened.
The Constitutional Council emphasized that the draft law strengthens the guarantees of local government and self-government. The new procedure for appointing akims of regions, cities of republican significance and the capital by the President of the Republic, the abolition of constitutional provisions granting the Head of State the right to cancel or suspend the acts of these akims testify to it.
The Council's conclusion draws attention to progressive changes in the field of human rights protection. Among them: the final consolidation of the decision to abolish the death penalty, the strengthening of the constitutional status of the Commissioner for Human Rights, the adoption of the constitutional law on the Prosecutor's Office, etc.
The Constitutional Council believes that the establishment of the Constitutional Court of the Republic with a broader list of subjects of appeal, including citizens, the Prosecutor General and the Commissioner for Human Rights, will be an important step in building a fair and legal state, institutionally strengthen the system of checks and balances, protection of constitutional rights of citizens.
Besides, as stated in the decision, the final and unambiguous consolidation in the Basic Law of the norm that it is the people who own the land and natural resources will exclude any discrepancies in the future.
In this regard, the Constitutional Council recognized the draft law «On amendments and additions to the Constitution of the Republic of Kazakhstan» complying with the Constitution.
The full text of the Constitutional Council's decision is published in the press and on the Council's website.