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IV Congress of the Association of Asian Constitutional Courts and Equivalent Institutions 25th Anniversary of the Constitution of the Republic of Kazakhstan INFORMATION NOTE ABOUT CONGRESS IV Congress of the Association of Asian Constitutional Courts and Equivalent Institutions The XXI century Constitution – the Rule of Law, the Value of Person and the Effectiveness of the State Nur-Sultan, 26-29 August 2020 INTRODUCTION IV Congress of the Association of Asian Constitutional Courts and Equivalent Institutions (hereinafter – the Association) will be held in the capital city of the Republic of Kazakhstan – Nur-Sultan on August 27-28, 2020. IV CONGRESS MISSION: the promotion of strengthening the rule of law on the basis of the Constitution, instruments of human right protection and development of democratic values in Asia and beyond; the expanding of dialogue and fruitful cooperation between constitutional control bodies in ensuring the principles of constitutionalism. THEME OF CONGRESS: «The XXI century Constitution – the Rule of Law, the Value of Person and the Effectiveness of the State». IV Congress program has included the opening ceremony and three plenary sessions: First session – «Constitution and the Rule of Law: Challenges and Ways of Solutions»; Second session – «Protection of Constitutional Human Rights and Democratic Values in the Digital Transformation Era»; Third session – «Constitutional Principles of Modernization of the Modern and Efficient State». 2 TENTATIVE PROGRAM Wednesday, 26 August 2020 Within a day The arrival of participants and hotel check-in Cultural program Welcome cocktail Thursday, 27 August 2020 Within a day The Registration and welcome coffee Opening ceremony of the IV Congress of the Association of Asian Constitutional Courts and Equivalent Institutions First session «Constitution and the Rule of Law: Challenges and Ways of Solutions» Second session «Protection of Constitutional Human Rights and Democratic Values in the Digital Transformation Era» The Official reception on behalf of the Chairman of the Association of Asian Constitutional Courts and Equivalent Institutions 3 Friday, 28 August 2020 Third session «Constitutional Principles of Modernization of the Within a day Modern and Efficient State» Summing-up and closing of the IV Congress The Meeting of the Eurasian Association of Constitutional Review Bodies (only members and invited persons) The Meeting of the Association of Asian Constitutional Courts and Equivalent Institutions (only members and invited persons) Solemn meeting, dedicated to the 25th Anniversary of the Constitution of the Republic of Kazakhstan, with the participation of the First President of the Republic of Kazakhstan – Elbasy and the President of the Republic of Kazakhstan Gala concert Gala-dinner Saturday, 29 August 2020 Within a day Departure of participants in accordance with the flight schedule 4 ABOUT ASSOCIATION The Association was established Republic of Korea, Kyrgyz Republic, in 2010, as a regional forum of Asian Malaysia, Maldives, Mongolia, Myanmar, constitutional justice bodies. Pakistan, Russia, Philippines, Tajikistan, On July 12, 2010, the final meeting of Thailand, Turkey, Uzbekistan. the heads of the constitutional courts Over the years, the Association were and equivalent bodies of Indonesia, presided by the Constitutional Courts Korea, Malaysia, Mongolia, Thailand, of Korea, Turkey and Indonesia and the Uzbekistan and Philippines was held Federal Court of Malaysia. in Jakarta, Indonesia. It resulted in At the Board of Members Meeting the adoption of Declaration on the on November 3, 2019 in Bali (Indonesia), establishment of the Association of Asian the Constitutional Council of Kazakhstan constitutional courts and equivalent was elected as the President of the bodies and its Statute. Association for the period from 2019 – to According to article 2 of the Statute, 2021s. the Association shall operate as an During the period of its activity, the autonomous, independent and non- members of the Association held three political body. Its functions are to Congresses. hold regular meetings of members, to I Congress of the Association that organize symposiums, seminars and also known as an inaugural Congress, working visits, to ensure the exchange was held on May 20 – 24, 2012 in Seoul, of experience of constitutional case law, (Republic of Korea). The Congress to inform on their working methods adopted Seoul Declaration. and practice of constitutional control II Congress of the Association was on working methods, to exchange views held in Istanbul (Republic of Turkey) and ideas on institutional, structural on April 27 – May 1, 2014. Istanbul and procedural issues related to public Declaration was signed during the law and constitutional jurisdiction, as Congress. well as to provide technical and expert III Congress of the Association was assistance while considering the appeals. organized in Bali (Indonesia) on August Currently, 18 states have participated 11 – 12, 2016. As a result of the Congress, in the Association: Afghanistan, the members of the Association signed Azerbaijan, India, Indonesia, Kazakhstan, Bali Declaration. 5 CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN Section VI of the Constitution of the Constitutional Council, which include: a Republic of Kazakhstan has contained decision in cases of a dispute regarding the fundamental rules establishing the election of the President of the constitutional control in the Republic, the Republic, deputies of the Parliament implementation of which is entrusted and holding a republican referendum; to the Constitutional Council. It is not consideration on compliance with included in the judicial system; it is a the Constitution laws adopted by the state body that ensures the supremacy Parliament, prior to the President’s of the Constitution of the Republic as signing, international agreements of the Basic Law of the state in the entire the Republic, prior to their ratification; territory of Kazakhstan. giving reports in cases provided for by The Constitutional Council consists Paragraphs 1 and 2 of Article 47 of the of seven members. The Chairperson Constitution. and two members of the Council are Constitutional proceedings can be appointed by the President of the instituted only at the request of the Republic, two members are appointed President of the Republic of Kazakhstan, by the Senate and the Majilis of the the Chairperson of the Senate of the Parliament for a period of six years. Parliament, the Chairperson of the Half of the members of the Council are Mazhilis of the Parliament, deputies of renewed every three years. Moreover, the Parliament not less than one-fifth of ex-Presidents of the Republic shall be their total number, the Prime Minister. life-long members of the Constitutional According to Article 78 of the Council. Constitution if a court finds that a On the basis of the Constitution of law or other regulatory legal act to 1995, the Constitutional Council was be applied infringes on the rights and formed in February 1996. freedoms of an individual and a citizen The Constitution and the it shall suspend legal proceedings and Constitutional Law of the Republic of address the Constitutional Council Kazakhstan N 2737 dated December with a proposal to declare that law 29, 1995 “On the Constitutional Council unconstitutional. of the Republic of Kazakhstan” are The constitutional reforms carried out legal basis for the organization and in the country played an important role activities of the Council. According to its in the development of the institution of constitutional status, the Council shall constitutional control. be independent and separate from state In 2007, the decisions of the bodies, organizations, official persons Parliament and its Chambers were and citizens, subordinated only to the included in the subject of the review of Constitution of the Republic and may not the Constitutional Council. use political or any other motives when In accordance with the legislative exercising its powers. initiative of the President of the The Constitution of the Republic Republic of Kazakhstan, amendments established the powers of the were made to the Constitutional Law 6 on the Constitutional Council in 2008, force to comply with the Constitution of according to which recommendations the Republic. This right is associated with and proposals on improvement of the the interests of protecting the rights and legislation contained in the decisions freedoms of an individual and a citizen, of the Constitutional Council shall be ensuring national security, sovereignty subject to obligatory consideration and integrity of the state. by the authorized state bodies and Amendments to the Constitution officials with the obligatory notice of the of the country undergo mandatory Constitutional Council on the accepted preliminary constitutional review. decision. Thus, a certain imperative They can be submitted to a republican nature is given to the recommendations referendum or to the Parliament of the of the Constitutional Council. Republic only if the Constitutional Council Following this trend, the constitutional gives a positive opinion. reform carried out in 2017 expanded the The institute of constitutional powers of the Constitutional Council. control in Kazakhstan is developing The subsequent constitutional step-by-step in response to global control was strengthened by giving the changes. Performance of the function President the right to send appeals to of constitutional control contributes the Constitutional Council on considering to ensuring unity and coordinated the
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