Тelegram CC - https://t.me/consot_kz
Information regarding the regulatory resolution of the Constitutional Court
(№ 7 of 8 April 2023)
The Constitutional Court considered the appeal of the President on the conformity to the Constitution of the following laws adopted by the Parliament: the Constitutional Law ‘On Amendments and Additions to Certain Constitutional Laws of the Republic of Kazakhstan on Administrative Reform in the Republic of Kazakhstan’; Law ‘On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Administrative Reform in the Republic of Kazakhstan’.
The Constitutional Court pointed out the insufficient elaboration of approaches to the delimitation of powers between the levels of state administration (Government - central executive bodies - local executive bodies).
In the distribution of powers among the executive state bodies involved in the formation of state policy, taking into account the personal responsibility of the members of the Government, as established in Article 68 of the Constitution, it is necessary to clearly distinguish the levels, goals, objectives and powers in this area between the Government, central and local executive bodies.
In order to clearly distinguish between the formation of sectoral and general state policy, in law enforcement practice and to avoid the intrusion of the ministry into the sphere of decisions taken by the highest official and the Government of the country, the Constitutional Court proposed to assign to ministries the authority to formulate state policy in the branches of state administration.
The Constitutional Court recognised the legal acts adopted by Parliament on 16 March 2023 and submitted to the President for signature as appropriate and recommended the Government to submit draft laws for consideration by the Mazhilis of Parliament before the end of the current session of Parliament, taking into account the legal positions of the Constitutional Court.