The beginning of the establishment of the institution of constitutional control in Kazakhstan is associated with the introduction in 1989 of an amendment to the Constitution of the Kazakh SSR that covers the establishment of the Constitutional Oversight Committee, which, however, was not created. Later, the Constitutional Law of the Republic of Kazakhstan dated December 16, 1991 “On State Independence of the Republic of Kazakhstan” established that the Constitutional Court of the Republic of Kazakhstan is the supreme body of judicial protection of the Constitution. This body was elected by the Supreme Council of the Republic on July 2, 1992 and exercised constitutional control until October 1995.
The Constitution of the Republic of Kazakhstan, adopted on August 30, 1995 at the republican referendum, completed an important period of reforming state bodies of independent Kazakhstan, which proclaims itself as a democratic, secular, legal and social state.
Section VI of the Constitution contains the fundamental rules establishing constitutional control in the Republic, the implementation of which is entrusted to the Constitutional Council. It is not included in the judicial system; it is a state body that ensures the supremacy of the Constitution of the Republic as the Basic Law of the state in the entire territory of Kazakhstan.
The Constitutional Council consists of seven members. The Chairperson and two members of the Council are appointed by the President of the Republic, two members are appointed by the Senate and the Majilis of the Parliament for a period of six years. Half of the members of the Council are renewed every three years. Moreover, ex-Presidents of the Republic shall be life-long members of the Constitutional Council.
On the basis of the Constitution of 1995, the Constitutional Council was formed in February 1996.
The Constitution and the Constitutional Law of the Republic of Kazakhstan N 2737 dated December 29, 1995 “On the Constitutional Council of the Republic of Kazakhstan” are legal basis for the organization and activities of the Council.
According to its constitutional status, the Council shall be independent and separate from state bodies, organizations, official persons and citizens, subordinated only to the Constitution of the Republic and may not use political or any other motives when exercising its powers.
The Constitution of the Republic established the powers of the Constitutional Council, which include: a decision in cases of a dispute regarding the election of the President of the Republic, deputies of the Parliament and holding a republican referendum; consideration on compliance with the Constitution laws adopted by the Parliament, prior to the President’s signing, international agreements of the Republic, prior to their ratification; giving reports in cases provided for by Paragraphs 1 and 2 of Article 47 of the Constitution.
Constitutional proceedings can be instituted only at the request of the President of the Republic of Kazakhstan, the Chairperson of the Senate of the Parliament, the Chairperson of the Mazhilis of the Parliament, deputies of the Parliament not less than one-fifth of their total number, the Prime Minister.
Citizens of the Republic are not included in the list of subjects of appeal to the Constitutional Council. Their constitutional rights and freedoms can be protected in the courts of general jurisdiction, and in the Constitutional Council in cases and in the procedure established by Article 78 of the Constitution, according to which if a court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of an individual and a citizen it shall suspend legal proceedings and address the Constitutional Council with a proposal to declare that law unconstitutional.
The constitutional reform carried out in the country played an important role in the development of the institution of constitutional control.
In 2007, the decisions of the Parliament and its Chambers were included in the subject of the review of the Constitutional Council.
In accordance with the legislative initiative of the President of the Republic of Kazakhstan, amendments were made to the Constitutional Law on the Constitutional Council in 2008, according to which recommendations and proposals on improvement of the legislation contained in the decisions of the Constitutional Council shall be subject to obligatory consideration by the authorized state bodies and officials with the obligatory notice of the Constitutional Council on the accepted decision. Thus, a certain imperative nature is given to the recommendations of the Constitutional Council.
Following this trend, the constitutional reform carried out in 2017 expanded the powers of the Constitutional Council.
The President of the Republic renounced his right to object to the decision of the Constitutional Council.
The subsequent constitutional control was strengthened by giving the President the right to send appeals to the Constitutional Council on considering the law or other legal act that came into force to comply with the Constitution of the Republic. This right is associated with the interests of protecting the rights and freedoms of an individual and a citizen, ensuring national security, sovereignty and integrity of the state.
Amendments to the Constitution of the country undergo mandatory preliminary constitutional review. They can be submitted to a republican referendum or to the Parliament of the Republic only if the Constitutional Council gives a positive opinion.
The institute of constitutional control in Kazakhstan is developing step-by-step in response to global changes. The example of Kazakhstan confirms that the performance of the function of constitutional control contributes to ensuring unity and coordinated interaction.