KAIRAT MAMI ANNOUNCED THE MESSAGE OF THE CONSTITUTIONAL COUNCIL IN THE PARLIAMENT
On June 20, 2022, at a joint session of the Chambers of Parliament, Chairman of the Constitutional Council K. Mami announced the annual message of the Constitutional Council "On the state of constitutional legality in the Republic of Kazakhstan".
As K.Mami noted, the Constitution is a symbol of independence and a solid foundation of Kazakhstan's sovereignty.
According to the Council, the Law of the Republic "On Amendments and Additions to the Constitution of the Republic of Kazakhstan" adopted at June 5 republican referendum laid the legal foundations for further modernization of society and the state. Together with the amendments to the Constitution, the legislative acts adopted in their development will contribute to achieving the common goals of building a New Kazakhstan.
The message summarizes the results of the activities of the Constitutional Council for 26 years of its work.
The Constitutional Council has adopted more than 140 regulatory resolutions. In general, or in part, 30 laws and international treaties are recognized as unconstitutional. A number of laws, the adoption of which had a high public response, are recognized as corresponding to the Constitution. Among them: the Land Code, the acting Law "On Political Parties" and others.
The Constitutional Council also considered more than 100 appeals on the official interpretation of the norms of the Constitution.
27 messages on the state of the constitutional legality in the country have been sent to the Parliament. They revealed the experience of constitutional control in Kazakhstan, raised questions about improving the legislative process, bringing legislation into line with the Constitution, ongoing administrative reform, and others.
The document analyzes the legal positions of the normative resolutions of the Constitutional Council, which continue to remain legally valid. They touch upon the foundations of the constitutional system of the country, the fundamental principles of the Republic's activities, issues of territorial integrity of the state, the institution of citizenship, the use of state symbols. A number of decisions of the Council concern the structure of current legislation, the interaction of national and international law, the principles of market economy and forms of ownership, the institution of the family, the law enforcement system, the electoral process and mechanisms for the implementation of constitutional human rights and freedoms.
During these years, the concerned State bodies have taken a number of measures aimed at implementing the decisions of the Constitutional Council.
A separate section in the message is devoted to the active role of the Council in the consistent approval of constitutionalism and the improvement of the legal culture of citizens.
The Constitutional Council carried out a scientific and opinion-editorial clarification of the provisions of the Basic Law. For this purpose, scientific and legal commentaries on the Constitution and a series of books on constitutional construction have been published.
Since 2018, the Constitutional Council has a Scientific Advisory Council. The most topical aspects of the evolution of law were brought to its meetings.
Over the years, within the framework of a multi-vector foreign policy, the international relations of the Constitutional Council have also developed. It closely cooperates with the UN, OSCE, European Union structures, the Venice Commission of the Council of Europe. The Council is a member of the World Conference on Constitutional Justice, the Eurasian Association of Constitutional Review Bodies (chairs) and the Association of Asian Constitutional Courts and Equivalent Institutions (chaired in 2019-2021).
In the field of bilateral relations, there are close ties with constitutional control bodies of more than 50 countries.
In general, the international activities of the Constitutional Council played an important role in the process of establishing the principles of the rule of law and creating a favorable image of the country beyond its borders.
The updated Constitution of the Republic meets modern challenges and should be supported by legislative and practical measures, the Chairman of the Constitutional Council summed up.