Автор: Пользователь скрыл имя, 22 Ноября 2012 в 16:59, лекция
В данной работе 11 статей на английском языке.
Parliament
Article 49
1. Parliament of the Republic of Kazakhstan is the highest representative body of the Republic performing legislative functions.
2. Parliament’s powers shall begin from the opening of its first session and terminate with the first session of a new convocation.
3. The powers of Parliament may be prematurely terminated in cases and according to the procedure stipulated by the Constitution.
4. The organization and activities of Parliament, the legal status of its deputies shall be determined by constitutional law13.
Article 50
1. The Parliament shall consist of two Chambers acting on a permanent basis: the Senate and the Majilis.
2. The Senate shall be composed of deputies represented in an order, established by the constitutional law, on two persons from each oblast, major city and the capital of the Republic of Kazakhstan. Fifteen deputies of the Senate shall be appointed by the President of the Republic taking into account necessity of maintenance of representation for the Senate of national-cultural and other significant interests of a society.
3. The Majilis shall consist of hundred seven deputies elected in an order, established by the constitutional law.
4. A deputy of the Parliament may not be a member of both Chambers simultaneously.
5. Term of the powers of Senate deputies shall be six years; term of the powers of the Majilis deputies shall be five years14.
Article 53
Parliament at a joint session of the Chambers
shall:
1) introduce changes and additions to the Constitution at the proposal
of the President of the Republic of Kazakhstan;
2) approve the reports of the Government, and the Accounts Committee on the control over execution of the republican
budget on execution of the republican budget. Non-approval the report
of the Government about execution of the republican budget denotes the
expression by the Parliament a vote of no confidence in the Government;
3) have the right to delegate legislative Powers for a term not exceeding
one year to the President by two-thirds of the votes from the total number
of deputies of each Chamber at the initiative of the President;
4) decide issues of war and peace;
5) adopt a decision concerning the use of the Armed Forces of the Republic
to fulfill international obligations in support of peace and security at the
proposal of the President of the Republic;
6) hear annual messages of the Constitutional Council of the Republic
on the state of the constitutional legality in the Republic;
7) form joint commissions of the Chambers; elect and release from office
their chairpersons; hear reports on the activity of the commissions;
8) exercise other powers assigned to the Parliament by the Constitution17.
Article 54
1. Parliament at separate sessions of the Chambers
through consecutive consideration of issues first in the Majilis and then in the Senate shall adopt constitutional laws and
law, including: 1) confirm the republican budget and make changes and
additions in the budget;
2) establish and cancel the state taxes and tax collections;
3) establish the procedure for resolving the issues of the administrative-territorial
division of the Republic of Kazakhstan;
4) establish state awards, honorary, military and other titles, ranked
positions, diplomatic ranks of the Republic of Kazakhstan, and define
state symbols of the Republic;
5) decide issues of state loans and rendering of economic and other assistance
by the Republic;
6) decide issues of amnesty to citizens;
7) ratify and denounce international treaties of the Republic.
2. Parliament in separate session of Chambers by consecutive consideration of questions in the beginning in Majilis,
and then in the Senate:
1) discuss the reports on execution of the republican budget;
2) spend second discussion and voting by laws or articles of the law which
has caused objections of the President of the Republic, in a month from
the day of a direction of objections. Non-observance of this term denotes
the acceptance of objections of the President. If the Majilis and the Senate
by the majority of two-thirds of votes of total number of deputies from each
Chamber confirms the decision adopted earlier, the President shall sign
the law within one month. If the President’s objections are not overruled,
at least by one of Chambers, the law shall be deemed not adopted or adopted
in the version proposed by the President. Objections of the Head of the
state on the constitutional laws passed by the Parliament are considered
in the order provided by the present subparagraph. Thus objections of the
President on the constitutional laws shall be overcome by the Parliament
not less than three quarters of votes from total number of deputies of each
of Chambers;
3) display the initiative about appointment of a republican referendum18.
Article 56
The following belongs to exclusive jurisdiction
of the Majilis:
1) accepting for consideration drafts of the constitutional laws brought
in Parliament and laws and consideration of these drafts;
2) by a majority of votes from total number of deputies of Chamber consent to the President of the Republic on appointment
of the Prime Minister of Republic;
3) announcing regular elections of the President of the Republic;
4) realization of other powers assigned by the Constitution on the Majilis
of the Parliament.
2. The Majilis by a majority of votes from total number of deputies of the Majilis at the initiative of not less than one-five from total number of deputies of Majilis has the right to express a vote of no confidence in the Government20.
The Government
Article 64
1. The Government shall implement the executive power of the Republic of Kazakhstan, head the system of executive bodies and exercise supervision of their activity.
2. The Government shall be a collegial body and in its entire activity responsible before the President of the Republic, and in the cases provided by the Constitution, before the Majilis of the Parliament and the Parliament.
3. Members of the Government shall be accountable to the Chambers of Parliament in the case stipulated by paragraph 6 of Article 57 of the Constitution.
4. The jurisdiction, the procedure of organization and activity of the Government shall be determined by constitutional law27.
Article 65
1. The Government shall be formed by the President of the Republic of Kazakhstan according to the procedure stipulated by this Constitution.
2. Suggestions about the structure and composition of the Government shall be submitted to the President of the Republic of Kazakhstan by the Prime Minister of the Republic within ten days after his appointment.
3. The members of the Government shall take an oath to the people and President of Kazakhstan.
Article 66
The Government shall:
1) develop the main directions of the socio-economic policy of the state,
its defense capability, security, guarantee of public order and organize
their realization; 2) present to the Parliament the republican budget and a report about its performance, ensure
implementation of the budget;
3) introduce draft of laws into the Majilis and ensure enforcement of laws;
4) organize management of state property;
5) develop measures for the conduct of the foreign policy of the Republic
of Kazakhstan;
6) manage the activity of ministries, state committees, other central
and local executive bodies;
7) annul or suspend completely or partially, the effect of acts of ministries,
state committees, other central and local executive bodies of the Republic;
8) appoint to and release from office heads of central executive bodies
not encompassed by the Government;
9) It was excluded according to Law of the Republic of Kazakhstan 07.10.98
№ 284-I.
10) perform other functions assigned to it by this Constitution, laws and
acts of the President28.
Local public administration and self-administration
Article 86
1. Local representative bodies — maslikhats — shall express the will of the population of respective administrative-territorial units and with regard to the common public interests shall determine the measures needed for its realization, and control their implementation.
2. Maslikhats shall be elected by the population on the basis of universal, equal suffrage under secret ballot for a five-year term.
3. A deputy of a maslikhat may be a citizen of the Republic of Kazakhstan who has reached twenty years of age. A citizen of the Republic may be a deputy of only one maslikhat.
4. The jurisdiction of maslikhats shall include:
1) approval of plans, economic and social programs for development of the territory, local budget and reports of their performance;
2) decision of issues of local administrative-territorial organization
in their jurisdiction;
3) consideration of reports by heads of local executive bodies on the issues
delegated by law to the jurisdiction of a maslikhat;
4) formation of standing commissions and other working bodies of a maslikhat,
nearing reports about their activity, decision of other issues connected
with organization of the work of a maslikhat;
5) exercise other authorities for insuring of the rights and legitimate
interests of citizens in accordance with the legislation of the Republic.
5. The powers of a maslikhat shall be prematurely terminated by the President of the Republic, and also in the case of adoption of a decision about self-dissolution.
6. The jurisdiction of maslikhats, procedure of their organization and activity, and legal status of their deputies shall be established by law37.
Article 87
1. Local executive bodies shall be a part of a unified system of the executive bodies of the Republic of Kazakhstan, and ensure conduct of the general state policy of the executive power in conjunction with the interests and development needs of the respective territory.
2. The jurisdiction of local executive bodies
shall include:
1) development of drafts of plans, economic and social programs for development
of the territory, local budget and provision of their realization;
2) management of public property;
3) appointment to and release from office the heads of local executive
bodies, resolution of other issues connected with organization of the
work of local executive bodies;
4) exercise other powers delegated to local executive bodies by the legislation
of the Republic in the interests of local public administration.
3. A local executive body shall be headed by an akim of the respective administrative-territorial unit who is a representative of the President and the Government of the Republic.
4. Akims of the oblasts, major cities and the capital shall be appointed to office by the President of the Republic from the consent maslikhats accordingly oblasts, major cities and the capital. Akims of other administrative-territorial units shall be appointed or elected to office in the order, determined by the President of the Republic of Kazakhstan. The President of the Republic shall have the right to release akims from office at his own discretion.
5. At the initiative of not less than one-fifth from total number of deputies of maslikhat can be brought to the question on expression of a vote of no confidence in the akim. In this case maslikhat by a majority of votes from total number of its deputies have the right to express non-confidence in the akim and raise the issue of his release from office respectively before the President of the Republic or a senior akim. The powers of akims of the oblasts, the major cities and the capital shall terminate when a newly elected President assumes office.
6. The jurisdiction of local executive bodies, organization and procedure of their activity shall be established by law38.
Article 88
1. Maslikhats shall adopt decisions on the issues of their jurisdiction, akims shall adopt decisions and resolutions which are binding on the territory of the respective administrative-territorial unit.
2. Drafts of decisions of maslikhats envisioning a reduction of local budgetary revenues or an increase of local budgetary expenditures may be submitted for consideration only with a positive resolution of the akim.
3. Decisions of maslikhats not corresponding to the Constitution and the laws of the Republic of Kazakhstan may be annulled by a legal process.
4. Decisions and resolutions of akims may be respectively annulled by the President, the Government of the Republic of Kazakhstan or a senior akim, as well as by a legal process.