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82. The Parliament of Kazakhstan

(Parlamenti) is the bicameral legislature of the Government of Kazakhstan. The lower house is the Majilis, with 77 seats, elected to four year terms, 67 in single seat constituencies and 10 by proportional representation. The upper house is the Senate, which has 47 members, 40 of whom are elected to six-year terms in double-seat constituencies by the local assemblies, half renewed every two years, and 7 of which are presidential appointees. In addition, ex-Presidents are ex-officio senators for life.[citation needed]As of January 2007 10% the parliament's representatives are women and 19% of local and city council officials are women.[1]Its predecessor was the Supreme Soviet

83)

Judicial power is realized through civil, administrative and penal procedure. Bodies of judicial power are the Supreme Court and inferior courts.

The particularity of Kazakh procedure is the absence of arbitration procedure. Economic disputes are resolved in civil procedure despite of subjects. Courts take the judicial acts in the form of decisions, sentences, determination and orders.

Supreme Court is a high judicial body on civil, penal, economic and other cases jurisdictional to inferior courts, controls their activities and provides clarifications of judicial practice.

History of the Supreme Court of the Republic of Kazakhstan

Kazakh courts date back to ancient times when folklore and traditions and religious rules performed the function of the laws in the Kazakh steppe. On a vast area stretching from the Black Sea to the Altai mountains one after another rose and fell the ancient states of Sakhs, Gunns, Yusuns, Turks, Karluks which had their own laws the evidence of which can be found in a variety of sources on the State and the law. This has been convincingly proved by L. Gumilev, a wonderful scientist and a great connoisseur of Eurasian issues, in his scientific paper on ancient Turks.

The consolidation of the state is associated with the name of Kasym khan, the son of Az Zhanibek khan. Under his rule the legal norms and traditions of that time were consolidated into a book called «The Truth of Kasym khan». A noticeable contribution to the development of the legal system of the Kazakh society was also made by Esim khan who considerably toughened the military laws and raised the level of responsibility of Kazakh warriors which was necessary for defence from the attacks of the aggressive Joungars. At the end of XVII Az Tauke, Tole bi, Kazbek bi, Aiteke bi created the «Zheti Zhargi», which became the code of laws and of court proceedings. However, as this code has reached us only in verbal form, the society did not regard it as official legislation. However, having been polished by many generations of users in line with the Kazakh traditions, those laws played an important role and did a lot of good to the Kazakh people.

In 1918 – 1920 at the height of the civil war some areas of Kazakhstan were held by the White Guard who cancelled the revolutionary tribunals. In order to restore the tribunals, on 12 April 1919 the Kazakh military-revolutionary committee issued the Regulations of the revolutionary tribunals, and on 31 December 1922 a decree was signed on the formation of the Union of Soviet Socialist Republics. This brought about a drastic change in the structure of the court system. At the beginning of 1923 the All-Union Central Executive Committee issued the decrees on the establishment of the supreme courts in the republics. Pursuant to that decree, on 10 April 1923, the RSFSR Supreme Court issued decree No. 31, in which paragraph 8 provided as follows: «… it is decreed to establish the administration of Turkestan branch to supervise a staff of 57 persons of the Turkestan branch of the Supreme Court established pursuant to the resolution of the Presidium of the Supreme Court of 17 March of this year.» On 11 April of the same year the All-Union Central Executive Committee issued a resolution on the establishment of the Supreme court of the Kyrgyz (Kazakh) region of the RSFSR. Below you can read the full text of that resolution No. 0268 signed by M. Kalinin, the secretary of the All-Union Central Executive Committee, and by secretary T. Safronov (On the status of the Kyrgyz (Kazakh) branch of the RSFSR Supreme Court»:

84) THE PRESIDENT (from constitution)

1. The President of the Republic of Kazakhstan shall be the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations.

2. The President of the Republic shall be the symbol and guarantor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.

3. The President of the Republic shall ensure by his arbitration concerted functioning of all branches of state power and responsibility of the institutions of power before the people.

The President of the Republic of Kazakhstan shall:

1) annually address the people of Kazakhstan with a message on the state of the country and main directions of the domestic and foreign policy of the Republic of Kazakhstan;

2) appoint regular and extraordinary elections to the Parliament of the Republic; convene the first session of Parliament and accept the oath of its members to the people of Kazakhstan; call extraordinary joint sessions of the Chambers of Parliament; sign laws submitted by the Senate of Parliament within fifteen working days, promulgate the law or return the law or its separate articles for a second discussion and vote;

3) appoint a Prime Minister of the Republic with the Parliament's consent; release him from office; determine the structure of the Government of the Republic at the proposal of the Prime Minister, appoint to and release from office its members, as well as form, abolish and reorganize central executive bodies of the Republic which are not included into the Government; accept the oath of the members of the Government; preside at the meetings of the Government on especially important issues; charge the Government with bringing a bill into the Majilis of Parliament; annul or suspend completely or partially the effect of the Government's acts and those of the akims of the oblasts, major cities and the capital;

4) appoint the Chairperson of the National Bank of the Republic of Kazakhstan with the Parliament's consent; release him from office;

85) The Government

The Government of Kazakhstan exercises executive power, heads the system of executive bodies and provides guidance of their activities. The Head of the government is appointed by the President when the candidature of the premier has been approved by the majority of Parliament. Personal composition of the government is appointed by the President by the presentation of candidatures by premier.

Structure and composition of the government of Kazakhstan.

Prime-minister submits for a consideration to the President the structure of the government. The structure of the government is - the Prime-Minister, Vice Prime-Minister, 3 Prime-Minister deputies and 16 ministers.

Principal powers of the Government of Kazakhstan: elaboration and realization of principal tendencies of social economic state policy, defense potential of the country, security and guarantee of public order.

Submission for the Parliament's (Majilis) consideration the republican budget and its execution report, ensuring the execution of the republican budget. Bring in a bill into Parliament, execution ensuring. Guidance ministries, state committees, other central and local executive bodies activities. Appointing to a post and dismissal the heads of central executive bodies that are out of government. Termination of the powers of the Government of Kazakhstan. The government resigns its powers before a new elected Head of state. The government declares its go out to the President when Parliament (Majilis) passes the vote of no confidence. Also tenders the resignation on the initiative of the President and when Prime-Minister resigned.

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