On June 21, 2021, the Chairman of the Constitutional Council Kairat Mami read out the annual address of the Constitutional Council “On constitutional legality in the Republic of Kazakhstan” at a joint meeting of the Chambers of Parliament.
As Kairat Mami noted, the Constitution is the basis of Kazakhstan’s modern statehood and all its achievements. This year's address is dedicated to summarizing the results of legal development over 30 years of Independence.
As the Council pointed out, all major steps in the consistent construction of a new state were carried out in accordance with the Constitution of the Republic of Kazakhstan adopted on August 30, 1995 at a republican referendum, initiated by the First President of the Republic of Kazakhstan - Elbasy Nursultan Nazarbayev.
The Constitutional Council considers that the actions of the President of the Republic of Kazakhstan, Kassym-Jomart Tokayev, confirm adherence to the strategies and traditions of Elbasy for the further progressive evolution of statehood.
The address noted the progressiveness of the National Development Plan, the National Priorities of the Republic until 2025 and the Concept for the Development of Public Administration until 2030, recently approved by the Head of State, which are designed to ensure the country's entry into the trajectory of sustainable growth.
The document analyzes the status of execution of the Constitutional Council’s final decisions.
Thus, in the implementation of his legal positions in civil proceedings, the issue of remuneration for the work of a lawyer - representative in relation to minors deprived of parental care has been settled; the procedure for the application of the coerced appearance in relation to persons issued for compulsory treatment for mental and other disorders has been established; duration of detention for the expulsion of persons from the Republic have been regulated; amendments were made to modernize all stages of law-making; work is underway to prepare a draft Concept of Legal Policy until 2030 and others.
The Constitutional Council made specific proposals to strengthen the principles of the rule of law in the country.
The Council considers it necessary to expand citizens' access to constitutional review. One of the directions is the improvement of the procedure for the courts' appeal to the Constitutional Council, the consideration by the courts of motions of the participants in the proceedings to initiate a review of the constitutionality of the law.
A separate set of proposals concerns the protection of human rights.
The attention of the Parliament is drawn to the need to harmonize the Criminal Code and other legislative acts with the provisions of the Second Optional Protocol to the International Covenant on Civil and Political Rights, recently ratified by Kazakhstan, aimed at abolishing the death penalty.
Criminal and administrative legislation should create additional conditions for individualizing and differentiating liability according to the degree of public danger of the act, the nature and extent of the damage caused, the personality of the offender and other factors.
The Council recommended to enshrine in the CPC general criteria for determining reasonable time limits when considering criminal cases in courts, as well as to explore the possibility of determining the conditions for the implementation of compensation for violation of the time limits in court proceedings.
In order to minimize violations of the rights of persons with disabilities and ensure equal opportunities for them, the set of norms and standards that have been formed in international practice should be used to the maximum.
Deepening the use of information technologies should be accompanied by measures to ensure digital security, to strengthen mechanisms of access to information protected by law, as well as to rethink the content of traditional legal institutions.
Measures to combat offenses that infringe on the physical integrity of the person, human health and human dignity must ensure an effective response to violence. For this purpose, if necessary, administrative penalties can be combined with measures of criminal responsibility.
The Constitutional Council made a number of other proposals on the protection of human rights.
The Constitution of the Republic of Kazakhstan has been and will be the most important political and legal basis for the comprehensive modernization of society and the State, summed up the Chairman of the Constitutional Council.