In connection with the requests from the media, the press-service of the Constitutional Council considers it necessary to clarify the following.
According to the Fundamental Law, Council gives official interpretation of the norms of the Constitution.
On February 4, 2019 the appeal of the President of the Republic of Kazakhstan Nursultan Nazarbayev on the official interpretation of paragraph 3 article 42 of the Constitution of the Republic of Kazakhstan is accepted.
The appeal of the Head of State is due to the continuation of work on implementation of the main provisions of the constitutional reform held in country in 2017. In his appeal, the President of the Republic asks to respond on 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?».
Pursuant to the authority, the preparation of materials to the meeting of the Constitutional Council was begun by the Council, at which the merits of the appeal will be considered.
On the subject of the appeal the Constitutional Council will carefully analyze international experience, constitutions and legislation of foreign countries, the results of scientific research on these issues and other materials that is the regular activity of the Council.
As with any other appeal, a rapporteur has now been appointed by decree of the Chairman of the Constitutional Council.
Requests to provide opinions are sent to the appropriate governmental bodies. According to the appeal, prominent legal scholars specializing in constitutional law issues are involved as experts.
After the materials are prepared, a meeting of the Constitutional Council will be held at which the opinions of governmental bodies and other subjects will be heard. According to the Fundamental Law, the Constitutional Council makes its decision within a month.
The final decision of the Constitutional Council will be published in the media.
It should be noted that during these years the Constitutional Council considered hundreds of appeals, among them more than 20 appeals were from the Head of State.
The subjects of appeal to the Constitutional Council are also the Prime Minister, Chairmen of the Chambers of Parliament, at least one fifth of the deputies of Parliament and courts. Appeals of all these subjects are considered in a single procedure.
Therefore, all necessary measures to consider the said appeal of the President of the Republic of Kazakhstan are being taken by the Constitutional Council in the framework of its activities.