The Chairman and members of the Constitutional Council of the Republic of Kazakhstan visited the Astana International Financial Centre (AIFC) and had a meeting of the Scientific Advisory Council under the Constitutional Council of the Republic of Kazakhstan.
The agenda of the meeting included issues of the legal and constitutional status of the AIFC and the practice of its implementation, as well as discussion of the annual address of the Constitutional Council on the state of constitutional legality in the country. During the meeting, the important role of the Constitutional Council in the formation of the AIFC law was acknowledged.
During the visit, the delegation of the Constitutional Council also had the opportunity to familiarise themselves with the activities of the AIFC Court, International Arbitration Center, AIFC Academy of Law, Expat Center, and others.
Reference:
The Astana International Financial Centre was created by the initiative of the First President of the Republic of Kazakhstan, Leader of the Nation, Nur-Sultan Nazarbayev as part of the “100 steps to implement five institutional reforms” national program. The Centre’s development strategy until 2025 was approved by the Management council of the AIFC during the council’s meeting on July 2, 2020. In accordance with the strategy, the vision of AIFC is in becoming the leading financial centre in the region that includes Central Asia, the Caucasus, EAEU countries, western China, Mongolia, and Eastern Europe. https://aifc.kz/
The Constitutional Council of the Republic of Kazakhstan is a state body which provides for the supremacy of the Constitution of the Republic of Kazakhstan in the entire territory of the Republic and:
1) is independent and separate from state bodies, organisations, official persons and citizens, and subordinates only to the Constitution of the Republic of Kazakhstan and may not use political or any other motives when exercising its powers;
2) exercises its powers, guided by the Constitution of the Republic of Kazakhstan and the Constitutional Law, abstaining from establishing and examining any other issues in any other cases when those are under the jurisdiction of the Courts or any other state bodies.
The Constitutional Council consists of seven members. The Chairman and two members of the Constitutional Council are appointed by the President of the Republic, two members are appointed by the Senate, and two more members are appointed by Mazhilis of the Parliament for a period of six years.
According to paragraph 1 of Article 71 of the Constitution of the Republic of Kazakhstan, the First President of the Republic of Kazakhstan - Elbasy Nazarbayev Nursultan Abishevich is a life member of the Constitutional Council.
In accordance with Article 72 of the Constitution, the Constitutional Council considers laws adopted by the Parliament for compliance with the Constitution before they are signed by the President, as well as international treaties of the Republic before ratification; gives an official interpretation of constitutional norms; decides in the event of a dispute the question of correctness of the election conduct of the President of the Republic, members of the Parliament and the conduct of a republican referendum; gives an opinion in cases of consideration by the Parliament of issues on early dismissal of the President of the Republic due to illness and dismissal from office; considers resolutions of the Parliament and its Chambers for compliance with the Constitution.
In addition, the constitutional reform of 2017 provided the following additional functions:
- consideration of the appeal of the President of the Republic on the verification of the constitutionality of a law or another legal act that has entered into force in the interests of protecting human and civil rights and freedoms, ensuring national security, sovereignty and integrity of the state;
- giving an opinion on the compliance of amendments and additions to the Constitution with the requirements established by paragraph 2 of Article 91 of the Basic Law, prior to their submission to a republican referendum or for consideration by the Parliament.
An important decision of the Constitutional Council is the annually sent addresses to the Parliament of the Republic on the state of constitutional legality in the country. In them, the Constitutional Council analyses the state of legislation, the level of protection of constitutional rights and freedoms of citizens, as well as the execution of its final decisions.
Constitutional proceedings can be initiated at the request of the President of the Republic of Kazakhstan, the Chairmen of the Chambers of Parliament, at least one fifth of the total number of members of Parliament, the Prime Minister and courts. https://ksrk.gov.kz
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