Adopted on nation-wide referendum the Constitution of the Republic of Kazakhstan of 1995 appointed a new state body it is the Constitution Council that instead of functioning formerly as Constitutional Court. Its a task is provision of leadership of Constitution on the whole territory of Republic.

The principal propositions of legal status Constitutional Council are consolidate in constitution of the Republic itself that devoted to a new body self-dependent issue VI.

Organization and activity of the Constitutional Council more in detail is regulates by Decree of President of the Republic of Kazakhstan that available valid of constitutional law of 29 December 1995 ”About Constitutional Council of the Republic of Kazakhstan”.

I. Staff and authorities of members of the Constitutional Council.

The Council consists of 7 men: Chairman and 6 members. Chairman and two members of Council appointed by President of Republic, two by Chairman of Senate (of Upper Chamber Parliament of Republic) and two by Chairman Majilisa (of Lower Chamber Parliament).

The authorities of Council members are 1ast six years. Life-long members of Council are ex-presidents of the Republic of Kazakhstan by right.

By Member of the Constitutional Council may be assigned a citizen of the Republic of Kazakhstan which to no less than 30 last birthday to day of setting, is living on territory of Republic, has higher juridical education and is worked on juridical specialty length no less than 5 years. Age limit of tenure of office member of the Constitutional Council undetermined by currently in force legislation.

The members of Constitutional Council have a special status. By Law guarantees the inviolability of Chairman and to members of Council. During of period own their an authorities Chairman and members of Council. Can not be arrested, inflicted to bringing, to official reprimand measures that are imposed in legal form, and involved to criminal proceedings without consent of Parliament besides of cases detention on place of crime or of cases perpetration of heinous crimes.

II. Competence

By Constitution and Decree of President of the Republic of Kazakhstan that available valid of constitutional law ”about Constitutional Council of the Republic of Kazakhstan” that have settled circle of fellows has on hand right on the address to Council and sphere of it jurisdiction. By right of the address to Constitutional Council are possessed: President of the Republic of Kazakhstan, Chairman of Senate, Chairman of Majilisa, no less than of one fifth part of common number (quantity) of deputies Parliament, Prime Minister and courts of Republic.

Competence of Constitutional Council is determined in 72-74 articles of Constitution of the Republic of Kazakhstan. It includes the following authorities:

firstly, the Constitutional Council decides in case of discussion the question on true carrying out of elections President of Republic and deputies of Parliament, of the republican referendum;

secondly, Council exercises control for the constitute of legislative and other of normative legal deeds;

in particular, it verifies the constitute are adopted of laws by Parliament before as their will be signed by President and it considers for the purpose of conformity constitution, the international agreements of Republic till their ratification by President;

thirdly, it gives the official interpretation of norms Constitution;

fourthly, it gives a conclusion on the observance are settled of constitutional proceedings in case impeachment president of Republic;

fifthly, the Constitutional Council regards the appeals of courts if by chance a court wi11 perceive that a law or other normative legal deed awaiting use is infringes the constitutional rights and freedoms of persons and citizen.

Furthermore, The Constitutional Council addressed to Parliament yearly the message on a condition of constitutional legality.

III. Juristic validity of the decisions Constitutional Council.

The decisions of Constitutional Council are obligatory to all territory of Republic and final, and it is not to be made appeal. At the same time on a decision of Constitutional Council as a whole or in its of part are possible inserted the objections of President of the Republic that are get over 2/3 votes of common number of members Constitutional Council. By not get over of President objections the decision of Constitutional Council it is consider non- acceptance.

The decisions of Constitutional Council of the Republic of Kazakhstan are involve the concrete legal consequences. The Law and international agreements of Republic are recognized unconstitutional their impossible are sign or their ratified and put into operation. The laws and other normative legal acts are recognized infringe upon constitutional rights and freedoms of persons and citizen that are forfeit juristic force and their not to be made use.

The elections of President and deputes of Parliament, republican referendum are recognized by Constitutional Council untrue to Constitution are announced invalid.

IV. Activity

For five-year term of activities by Constitutional Council was considered about 100 appeals.

In the activities of Constitutional Council special place take consideration on accordance to Constitution of laws are accepted by Parliament still its signing by President of the Republic.

The Constitutional Council has check of the accordance Constitution of whole number laws including Civil Code (particular part), of laws on the languages to the Republic of Kazakhstan, on the commercial and industrial chambers, on the audit activity, on a guarantine of plants, on the rares kinds and has been under of the threat of disappearance kinds of animals for the past years.

By observance of the constitutional legality important significance has the uniform establishment of sense and content of constitution norms.

Giving of official interpretation is by exceptiona1 prerogative of Constitutional Council provides the true understanding their and the use by all citizens and organ of authorities excepting the arbitrary treatment of Constitution. For five-year term of activities by Council was considered more 40 appeals on questions of official interpretation norms of Constitution.

The substantial place in activities of the Constitutional Council take up the consideration court’s handingins on the common jurisdiction are send by their on a basis of propositions of Article 78 Constitution and that runs as following: the courts have not right to apply the laws and other normative legal deeds that infringed the rights and freedoms of persons and of citizen are consolidated by Constitution. If court perceives that is law or other normative legal deed awaiting to use infringes consolidated by Constitution the rights and freedoms of persons and citizen that is obliged to pause the execution on an action and to appeal to Constitutional Council with handing on recognition of this deed unconstitutional.

Are considering the appeals of court on the recognition are unconstitutional of normative legal deed awaited to use. Constitutional Council implements the protection of constitutional rights and freedoms of person and citizen through recognition of act mediatedly or his of part untrue to Constitution.

V. Other authorities

To other authorities of Constitutional Council can refer to:

— direction to Parliament of Country the annual messages on the status of constitutional 1egality in a country;

— assignment of information to President of the Republic of Kazakhstan on the status of constitutional legality in a country;

Currently in force legislation of Republic gives to Constitutional Council the right of interpretation its decisions on own initiative or on a solicitation of participators constitutional execution, and of state bodies and officials.

The five-year activity of Constitutional Council of the Republic of Kazakhstan is displayed that this organ became by important instrument of providing constitutional legality in Republic, and it occupied a fitting place in state mechanism of Kazakhstan.