The Parliament reads the message of the Constitutional Council

At the joint meeting of the Chambers of Parliament held on June 20, 2019, the Chairman of the Constitutional Council Kairat Mami read out the annual address of the Constitutional Council «On the state of constitutional legitimacy in the Republic of Kazakhstan».
The Constitution is the significant document, which embodied sovereignty and independence, a solid basis of statehood, harmony and stability in the society. Respect and strict compliance with the Fundamental Law is a guarantee of achieving ambitious goals. Since the last address period was marked by significant for kazakh statehood and constitutional identity historical events. The transfer of authority of the Head of State, the constitutional amendments and the extraordinary elections of the President of Republic were held in a strict compliance with requirements of the Constitution. Therefore, succession and commitment of society and state to declared by Leader of the Nation at the dawn of independence and constantly provided course of adherence to the spirit of the Fundamental law was reaffirmed, noted Kairat Mami.
The Chairman of the Constitutional Council highlighted that high priority task of state bodies, civil society institutions and citizens on a new stage of state evolution is the respect and realization of provisions and norms of the Constitution.
At the address of the constitutional review body, the positive dynamic in the execution of final decisions of Constitutional Council can be seen. In the realization of its legal positions since the beginning of the year statutory prescribed that in case of mandatory alienation of property for state needs its compensation is made at market value and not on cadastral or contract as in the past. The procedure for applying the arrest in enforcement proceedings has been settled in detail, as well as the authorities of state bodies in the process of its application have been separated. According to international standards, the mechanisms of citizens’ protection from torture, violence, other cruel or humiliating treatment or punishment have been strengthened.
Drafts of the Administrative Procedural and Procedure Code, the law on the issues of regulation of public relations in the field of population migration, as well as measures aimed at improving the rulemaking process, systematization of legislation and improvement of law enforcement (implementation of robot to collect information from internet sources, BigData, artificial intelligence and others) have been developed. Work is proceeding on exclusion in legislation provisions that contradict each other and creating conditions for the violation of the rights and freedoms of citizens.
In the light of practice of constitutional proceeding and analysis of modern trends of development of legislation the Constitutional Council made concrete proposals on strengthen principles of rule of law in country.
The Constitutional Council believes it necessary to increase the level of constitutionalization of the legislative mass.
A separate facility of the Constitutional Council’s recommendations concern issues of human rights protection. This is strengthen protection of the legitimate interests of women and children; reinforcement guarantees relating to inviolability of human dignity and property rights; improvement of enforcement procedures (arrest) in all types of legal proceedings; expanding the rights of victims in criminal proceeding in cases of private prosecution and others.
Kairat Mami also proposed to use more widely the courts’ possibilities to appeal to the Constitutional Council with requests on review of constitutionality of the enacted legal acts.
The next 2020 year will be marked by the 25th anniversary of the current Constitution of the Republic of Kazakhstan. State bodies and public associations should prepare for this historic event, analyse the successes achieved through the Fundamental Law, as well as challenges and risks requiring increased attention of the state, society and every kazakh patriot.
The Chairman of the Constitutional Council Kairat Mami summarised that in the context of new constitutional realities, it is necessary to further increse the authority of the Fundamental Law, to continue the formation of a state of constitutional patriotism.