The Role of the Constitutional Council of the Republic of Kazakhstan on Human Rights

Abstract

Solving the problem of the human rights is not only referred to enlarging of range of human being and citizen rights and freedoms, but also set in the Constitution of the Kazakhstan, or strengthening their guarantees. In fact the problem concerns considerable renovation of the whole concept of human being, citizen rights, duties and the practice of their constitutional realization. It is extremely important in the course of such process to take into account both intergovernmental and international aspects of the problem stipulated by the character of the researched problem. One of the important legal guarantees in securing human, citizen rights and freedoms in the Republic of Kazakhstan is the Constitutional Council, set up in accordance with the new Constitution and which is an independent state entity to provide acting regime of constitutional legitimacy. In order to carry out its main task the Constitutional Council must defend and secure human, citizen rights and freedoms, set in the Constitution, thus proving constitutional legitimacy regime. First in its history the newly adopted legislation gives enforcement powers to the Constitution of the Republic of Kazakhstan. It is the very positive fact. Such function is stipulated by the juridical nature of the Constitutional Council and effective constitutional supervision on human rights and freedoms are not possible without it. The Constitutional Council activity linked with consideration of laws passed by the Parliament in terms of their compliance with the Constitution is very important to secure human, citizen rights and freedoms. It is the Constitutional Council power to consider how laws adopted by the Parliament comply with the Constitution from above mentioned position.