Basic concept Basic concept of constitutional law of Republic of constitutional law of Republic

of Kazakhstanof Kazakhstan

Brief contents:Brief contents:

1. Concept of constitutional law.1. Concept of constitutional law.

2. Citizenship.2. Citizenship.

Republic of Kazakhstan as independent state was proclaimed 16 December 1991y. The main law of state is Constitution, which was accepted The main law of state is Constitution, which was accepted on referendum 30 August 1995y.on referendum 30 August 1995y.

Constitutional council of RKConstitutional council of RK

The Constitutional system of Republic of The Constitutional system of Republic of Kazakhstan is the system of basis social attitudes, Kazakhstan is the system of basis social attitudes, presented itself means of state organization, its presented itself means of state organization, its connection with person, which is fixed norms of connection with person, which is fixed norms of constitution and characterizes it as constitutional constitution and characterizes it as constitutional

state.state.

21 May 2008 y. were bring last changes and 21 May 2008 y. were bring last changes and

supplementary in Constitution.supplementary in Constitution.

Constitutional lawConstitutional law

is branch of right’s system Republic of Kazakhstan which is branch of right’s system Republic of Kazakhstan which represents self aggregate legal norms, which regulate represents self aggregate legal norms, which regulate bases constitutional system of Republic, status of person bases constitutional system of Republic, status of person and citizen, state board, system of bodies of state and citizen, state board, system of bodies of state authority, local state bodies. authority, local state bodies.

The Constitution shall have the highest juridical force and The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic. direct effect on the entire territory of the Republic.

The sources of constitutional law are:The sources of constitutional law are:

Constitution of the Republic of KazakhstanConstitution of the Republic of Kazakhstan

Decree of President of Republic of Kazakhstan, decree Decree of President of Republic of Kazakhstan, decree having authority of constitutional law, decree having having authority of constitutional law, decree having authority of customary lawauthority of customary law

Under lawful act of Government of the republic of Under lawful act of Government of the republic of KazakhstanKazakhstan

Legal act local representative bodies Legal act local representative bodies

Constitution is basis law having supreme juridical Constitution is basis law having supreme juridical authority, consolidating bases social system and state authority, consolidating bases social system and state organization, interrelation between state and person, organization, interrelation between state and person, organization and activity of system of state bodies.organization and activity of system of state bodies.

There are consolidated the legal norms in Constitution of There are consolidated the legal norms in Constitution of the Republic of Kazakhstan, are being fundamental for the Republic of Kazakhstan, are being fundamental for constitutional legislation. The Constitution encloses and constitutional legislation. The Constitution encloses and regulates main sides all sphere of state live and society.regulates main sides all sphere of state live and society.

The Constitution fixes fallowing basis The Constitution fixes fallowing basis

principles:principles: 1.Principles of democracy1.Principles of democracy

2. State sovereignty, unitary state2. State sovereignty, unitary state

3.Division of powers3.Division of powers

4. Domination of law4. Domination of law

5. Decision of important questions in state life by 5. Decision of important questions in state life by democracy waysdemocracy ways

6.Ideological and political pluralism and etc. 6.Ideological and political pluralism and etc.

There are consolidated sovereignty and independent of state There are consolidated sovereignty and independent of state

in the Constitution of the Republic of Kazakhstan. in the Constitution of the Republic of Kazakhstan.

The sovereignty of the state of Kazakhstan is The sovereignty of the state of Kazakhstan is characterized following sign:characterized following sign:

The territoryThe territory

2. The presents of supreme bodies of state 2. The presents of supreme bodies of state authorityauthority

The headThe head of state is the President. The President defines of state is the President. The President defines basis direct of internal and external policy of state, basis direct of internal and external policy of state, represents Kazakhstan inside country and in international represents Kazakhstan inside country and in international attitudes. attitudes.

The President must provide concerted action of all branch The President must provide concerted action of all branch of state authority.of state authority.

The supreme representative body is Parliament of Republic. The supreme representative body is Parliament of Republic. The parliament carries out legislative functions. The parliament carries out legislative functions.

Parliament

Senate Mazhilis

The Government of Republic of Kazakhstan carries out The Government of Republic of Kazakhstan carries out executive authority in the country. The Government executive authority in the country. The Government heads system of executive bodies in which enter central heads system of executive bodies in which enter central bodies- Ministries, state comities, commissions and also bodies- Ministries, state comities, commissions and also local executive bodies- oblast, city, rayon, aul local executive bodies- oblast, city, rayon, aul administration. administration.

The judicial authority is carried out legal protective bodies: The judicial authority is carried out legal protective bodies: court, the bodies inter affairs, national security, and court, the bodies inter affairs, national security, and prosecutor. prosecutor.

CitizenshipCitizenship is condition of permanent political is condition of permanent political connection persons with state. connection persons with state. It implies mutual rights and duties of state and It implies mutual rights and duties of state and citizen.citizen.

The citizens of the Republic of all nationalities united by The citizens of the Republic of all nationalities united by commonness of historic fate with Kazakhs comprise commonness of historic fate with Kazakhs comprise unified people of Kazakhstan that is the only bearer of unified people of Kazakhstan that is the only bearer of sovereignty of state power in the Republic of sovereignty of state power in the Republic of Kazakhstan; Kazakhstan;

it exercises state power both directly and via it exercises state power both directly and via representative bodies on base of the Constitution and representative bodies on base of the Constitution and laws of the Republic of Kazakhstanlaws of the Republic of Kazakhstan

The citizens of the Republic irrespective of their The citizens of the Republic irrespective of their nationalities, belief, membership of public associations, nationalities, belief, membership of public associations, origin, social and financial position, occupation, place of origin, social and financial position, occupation, place of residence have equal rights and responsibilities.residence have equal rights and responsibilities.

Foreign Foreign citizenship of a citizen of the Republic shall not be citizenship of a citizen of the Republic shall not be recognized. (Article 10).recognized. (Article 10).

Foreigners and stateless persons in the Republic shall enjoy Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties.the Constitution, laws and international treaties.

(Article 12,p.4)(Article 12,p.4)

All Kazakhs who have forcedly left the territory of the All Kazakhs who have forcedly left the territory of the Republic and living in another states have the right to Republic and living in another states have the right to have citizenship of the Republic of Kazakhstan together have citizenship of the Republic of Kazakhstan together with the citizenship of another states if it is not contrary with the citizenship of another states if it is not contrary to the laws of their states. to the laws of their states.

The Republic of Kazakhstan regulates migration processes.The Republic of Kazakhstan regulates migration processes.

Thank you at the attention !!!Thank you at the attention !!!